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Human Rights Law Commons

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International Law

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Selected Works

2011

Human rights

Articles 1 - 6 of 6

Full-Text Articles in Human Rights Law

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom Nov 2011

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …


Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan Jul 2011

Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan

Donald J. Kochan

This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …


Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein Jul 2011

Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein

Richard Daniel Klein

No abstract provided.


Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach Jun 2011

Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach

Anne T Gallagher

Trafficking in persons is a crime, as well as a serious violation of human rights. The international community now accepts that the investigation, prosecution and punishment of offenders are core aspects of an effective national response to trafficking. Strong prosecutions help to curb the current high levels of impunity that perpetuates the crime of trafficking in persons. They can also help to ensure justice for those who have been trafficked including access to remedies. An effective criminal justice response to trafficking also operates as a disincentive to future trafficking and is, thereby, an important aspect of prevention.
The United Nations …


Integrating Reproductive Rights Into The Work Of National Human Rights Institutions, Anne T. Gallagher Feb 2011

Integrating Reproductive Rights Into The Work Of National Human Rights Institutions, Anne T. Gallagher

Anne T Gallagher

This report is a joint initiative of the Asia Pacific Forum of National Human Rights Institutions (APF) and the United Nations Population Fund (UNFPA). Its focus is on reproductive rights and the extent to which these rights are, or could be, integrated into the work of national human rights institutions. The report commences with an analysis of the place of reproductive rights in international human rights law. The body of the report includes information and insights secured through a comprehensive survey involving 15 Member Institutions of the APF. It analyses the current work practices and views of these institutions and …


Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer Dec 2010

Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …