Human Rights Law Commons^™

Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.

María Lugones's Work As A Human Rights Idea(L), Berta E. Hernández-Truyol, Mariana Ribeiro

Berta E. Hernández-Truyol

The work of Maria Lugones can be utilized to focus on the same ideas of human reality articulated in the human rights framework. She engages the complexity of humans -- the indivisibility of their identity components -- through her concepts of hybridity/multidimensionality. Similarly, Lugones captures the human need for self-determination -- a right embedded in the human rights framework -- in her work on autonomy, agency, and self-care. Finally, her quest for an antisubordination ideal, like the human rights mandate for equality and nondiscrimination, comes to life in her call for the recognition of and respect for the equality of …

Punitive Injunctions, Nirej S. Sekhon

Nirej Sekhon

No abstract provided.

State Common-Law Choice-Of-Law Doctrine And Same-Sex "Marriage": How Will States Enforce The Public Policy Exception?, L. Lynn Hogue

L. Lynn Hogue

Growth in the number of states legalizing same-sex marriages and civil unions that increasingly mirror the rights afforded married partners has brought renewed focus on the issue of extra-territorial recognition of those relationships. The public policy exception is a primary, state-law-based impediment to the recognition of foreign marriages that do not conform to the forum state's definition of marriage. This article discusses the role of the public policy exception in rejecting recognition of foreign marriages and argues that the public policy exception has constitutional underpinnings that are rooted in principles of federalism and the protection of state sovereignty which inheres …

A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg

Peter J Honigsberg

No abstract provided.

The Drug War And The Parable Of The Bad Samaritan, Joseph E. Kennedy

Joseph P. Kennedy

No abstract provided.

Civil Rights And Human Rights: A Call For Closer Collaboration, Douglass Cassel

Douglass Cassel

No abstract provided.

Collection Of Student Loans: A Critical Examination, Doug Rendleman, Scott Weingart

Doug Rendleman

No abstract provided.

Preventing Balkanization Or Facilitating Racial Domination: A Critique Of The New Equal Protection, Darren L. Hutchinson

Darren L Hutchinson

Abstract

Preventing Balkanization or Facilitating Racial Domination: A Critique of the

New Equal Protection

The Supreme Court requires that equal protection plaintiffs prove defendants acted with discriminatory intent. The intent rule has insulated from judicial invalidation numerous policies that harmfully impact racial and ethnic minorities. Court doctrine also mandates that state actors remain colorblind. The colorblindness doctrine has caused the Court to invalidate many policies that were designed to ameliorate the conditions of racial inequality. Taken together, these two equality doctrines facilitate racial domination. The Court justifies this outcome on the ground that the Constitution does not protect “group rights.” …

"Toiling In The Danger And In The Morals Of Despair": Risk, Security, Danger, The Constitution, And The Clinician's Dilemma, Michael L. Perlin, Alison Julia Lynch

Michael L Perlin

Abstract: Persons institutionalized in psychiatric hospitals and “state schools” for those with intellectual disabilities have always been hidden from view. Such facilities were often constructed far from major urban centers, availability of transportation to such institutions was often limited, and those who were locked up were, to the public, faceless and often seen as less than human.

Although there has been regular litigation in the area of psychiatric (and intellectual disability) institutional rights for 40 years, much of this case law entirely ignores forensic patients – mostly those awaiting incompetency-to-stand trial determinations, those found permanently incompetent to stand trial, those …

“Friend To The Martyr, A Friend To The Woman Of Shame”: Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Michael L Perlin

The need to pay attention to the law‘s capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the basis of disability [as] a violation of the inherent dignity and worth of the human person...."

Humiliation and shaming, …

Act 301 (14-1891) Amicus Reply Brief, Curtis J. Neeley Jr

Curtis J Neeley Jr

Reply covering every brief filed.

Régimen De La Comunicación, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

Presentación del libro “Régimen de la Comunicación”

Extiendo un afectuoso saludo a los apreciados autores de la presente Obra, así como a los representantes de la Corporación de Estudios y Publicaciones (CEP); a los distinguidos miembros de la mesa directiva; a las insignes autoridades oficiales y académicas que nos honran con su visita; y al querido público que tan gentilmente nos acompaña en este acto.

Nuevamente estamos aquí para entregar un estudio sistemático de las leyes ecuatorianas, hoy en concreto de las relacionadas con el mundo de la comunicación. Han pasado ya los años de ese inocente positivismo moderno que …