Human Rights Law Commons^™

Immigration Consequences Of Criminal Convictions, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immunities Of Human Rights Special Rapporteurs: Who Decides?, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Introduction, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Selected Conceptions Of Federalism: The Selective Use Of History In The Supreme Court's States' Rights Opinions, Lucian E. Dervan

Lucian E Dervan

In the period leading to the Civil War, debate over federalism and states’ rights developed into the seeds of a war that would forever change America. Over one hundred years later, the debate over federalism continues, unanswered by the blood of more than half a million soldiers. Over the last decade, the United States Supreme Court has increased state sovereignty and state immunity to levels unseen since the pre-Civil War period. The Court’s opinions are structured in a manner that relies significantly on historical methodologies. The multiple rationales used to structure the Justices’ arguments clash, and the Justices spar with …

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

Bartram Brown

No abstract provided.

Crying Wolf Or A Dying Canary?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Supreme Court Of The United States Has Been Called Upon To Determine The Legality Of The Juvenile Death Penalty In Michael Domingues V. State Of Nevada, Connie De La Vega, Jennifer Fiore

Connie de la Vega

This article summarizes the arguments made against the juvenile death penalty in a U.S. Supreme Court amici curiae brief in Domingues v. State, 961 P.2d 1279 (Nev. 1998), cert. denied, 528 U.S. 963 (1999), and rebuts some of the State's propositions made in its response. It argues that United States' obligation to faithfully comply with its treaty obligations (particularly under the International Covenant on Civil and Political Rights), as well as the customary international law and jus cogens norm do not permit the execution of juveniles for crimes committed while below the age of eighteen.

Book Review Of Cholewinksi, Ryszard, Migrant Workers In International Human Rights Law: Their Protection In Countries Of Employment, Connie De La Vega

Connie de la Vega

This article reviews Migrant Workers in International Human Rights Law: Their Protection in Countries of Employment by Ryszard Cholewinski, a comprehensive look at the rights of migrant workers containing a thorough analysis of the various treaties applicable to migrant workers and a detailed description of the international laws and procedures covering migrants in Europe. The review observes that the lessons that can be gleaned from the book provide helpful tools for scrutinizing the progress of the Working Group on Migrants as well as providing suggestions for making the Working Group more effective. The review concludes that, despite the exclusion of …

Ethiopian Constitutional Law: The Structure Of The Ethiopian Government And The New Constitution’S Ability To Overcome Ethiopia’S Problems, Ty Twibell

Ty Twibell

Massachusetts Criminal Practice, 2nd, Daniel Kanstroom, Eric Blumenson, Stanley Fisher

Daniel Kanstroom

No abstract provided.

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

La prima conseguenza della nostra cultura giuridica dell'audizione che è anche cultura dell'oralità, del discorso e della scrittura (di tutto ciò che serve per parlare e fissare quello che può essere detto) è la volontaria atrofia degli altri sensi: il tatto, il gusto, l'olfatto e la vista. Il Diritto quasi non tocca le cose. Le concepisce mentalmente, le dice, però, anche se con i guanti deve toccare il corpo del delitto.

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …

Massachusetts Criminal Defense: 1997 Cumulative Supplement, Daniel Kanstroom, Eric Blumenson, Stanley Fisher

Daniel Kanstroom

No abstract provided.

Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom

Daniel Kanstroom

Nativism - an intense opposition to immigrants and other non-native members of society - has been deeply imbedded in the American character from the earliest days of the nation. Dating from the Alien and Sedition controversy of 1798 to California's recent Proposition 187, nativism has long been a driving force in policy making, a particular irony in a country founded and populated by immigrants.

This anthology of original, specially commissioned essays is informed at its core by George Santayana's famous edict that "Those who cannot remember the past are condemned to repeat it." Examining the current surge in nativism in …

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega

Connie de la Vega

This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties …

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega

Connie de la Vega

In San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), the United States Supreme Court held that wealth discrimination was not illegal discrimination and that the right to be educated was not a fundamental constitutional right. This article contends that international human rights law provides broad authority for a right to equal opportunity to education and is a useful tool for those seeking to develop theories that that right exists under either the state or federal constitutions. This article provides a brief introduction to those cases in which courts have been asked to look at international human rights …

Protecting Economic, Social And Cultural Rights, Connie De La Vega

Connie de la Vega

This article reviews the international human rights standards relevant to protecting and promoting economic, social, and cultural rights in the United States, focusing particularly on those norms that would assist advocates of welfare and education rights. It discusses three ways in which these norms can be used in litigation before federal and state courts in the United States and argues that, in order to make more effective use of these standards, parties should raise the standards themselves, and not rely solely on amici curiae briefs or on courts' raising the standards sua sponte. This article also asserts that civil rights …

Sensibility At Nuremberg: A Review Essay On Telford Taylor's The Anatomy Of The Nuremburg Trials, Kenneth Anderson

Kenneth Anderson

Wer Sind Wir Wieder? Laws Of Asylum, Immigration, And Citizenship In The Struggle For The Soul Of The New Germany, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown

Bartram Brown

No abstract provided.

Balancing The Privacy Interests Of Repatriated Haitians Against The Public Interest In Asylum Procedures, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Legal Reforms In The Aftermath Of Tiananmen Square, Margaret Woo

Margaret Y. K. Woo

This article examines some of the new Chinese legislation passed in the aftermath of the government’s crackdown of the student pro-democracy movement in Tiananmen Square. As the Chinese government recovers from the crisis of Tiananmen Square, the legal activities that it has chosen to undertake and to publicize can offer a snapshot of the mentality of the leadership towards legal reform. The laws promulgated since Tiananmen Square have an overall focus of “promoting stability,” which in the Chinese government’s view, means upholding party policy. Law is being re-emphasized as a counter-balance to reform and democracy resulting in the dualities of …

Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Judicial Review Of Amnesty Denials: Must Aliens Bet Their Lives To Get Into Court?, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Federal Court Litigation And Review, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Lawsuits, Daniel Kanstroom, Helena Goldstein

Daniel Kanstroom

No abstract provided.

Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson

Kenneth Anderson

The Symposium On International Human Rights Law In State And Federal Courts: Comments, Connie De La Vega

Connie de la Vega

This article responds to and comments on an Application of International Human Rights Law in State Courts: A View from California, an article by Paul L. Hoffman appearing in the Symposium on International Human Rights Law in State Courts. It agrees that the most promising use of international human rights law is as an aid in interpreting federal and state civil liberties and civil rights laws. The article primarily outlines ways in which and that certain provisions treaties or of customary law may be invoked as arguably binding on state and federal courts.