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Articles 1 - 30 of 51
Full-Text Articles in Human Rights Law
The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin
The Modern Architecture Of Religious Freedom As A Fundamental Right, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Sleep: A Human Rights Issue, Clark J. Lee
Sleep: A Human Rights Issue, Clark J. Lee
Homeland Security Publications
Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
International Civil Disobedience: Unauthorized Intervention And The Conscience Of The International Community, Nathan J. Miller
Maryland Law Review
No abstract provided.
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Maryland Journal of International Law
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Maryland Journal of International Law
No abstract provided.
The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez
The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker
Maryland Journal of International Law
No abstract provided.
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz
Maryland Journal of International Law
No abstract provided.
The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Maryland Journal of International Law
No abstract provided.
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Faculty Scholarship
Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Of Civil Wrongs And Rights: Kiyemba V. Obama And The Meaning Of Freedom, Separation Of Powers, And The Rule Of Law Ten Years After 9/11, Katherine L. Vaughns, Heather L. Williams
Faculty Scholarship
This article is about the rise and fall of continued adherence to the rule of law, proper application of the separation of powers doctrine, and the meaning of freedom for a group of seventeen Uighurs—a Turkic Muslim ethnic minority whose members reside in the Xinjiang province of China—who had been held at the Guantanamo Bay Naval Base since 2002. Most scholars regard the trilogy of Hamdi v. Rumsfeld, Hamdan v. Rumsfeld, and Boumediene v. Bush as demonstrating the Supreme Court’s willingness to uphold the rule of law during the war on terror. The recent experience of the Uighurs …
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
Maryland Series in Contemporary Asian Studies
No abstract provided.
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
Maryland Journal of International Law
No abstract provided.
Behrami V. France: An Unfortunate Step Backwards In The Protection Of Human Rights, Sadia R. Sorathia
Behrami V. France: An Unfortunate Step Backwards In The Protection Of Human Rights, Sadia R. Sorathia
Maryland Journal of International Law
No abstract provided.
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Islam In The Secular Nomos Of The European Court Of Human Rights, Peter G. Danchin
Faculty Scholarship
Since 2001 the European Court of Human Rights has decided a series of cases involving Islam and the claims of Muslim communities (both majorities and minorities) to freedom of religion and belief. This Article suggests that what is most interesting about these cases is how they are unsettling existing normative legal categories under the ECHR and catalyzing new forms of politics and rethinking of both the historical and theoretical premises of modern liberal political orders. These controversies raise anew two critical questions for ECHR jurisprudence: first, regarding the proper scope of the right to religious freedom; and second, regarding the …
A Return To Lüth, Peter E. Quint
A Return To Lüth, Peter E. Quint
Faculty Scholarship
In the following brief essay, which is based on a paper delivered at the 2009 Annual Meeting of Americal Society of Comparative Law, the author revisits the Lüth case, one of the central decisions of German constitutional law.
Teaching To The Paradoxes: Human Rights Practice In U.S. Law School Clinics, Deena R. Hurwitz
Teaching To The Paradoxes: Human Rights Practice In U.S. Law School Clinics, Deena R. Hurwitz
Maryland Journal of International Law
No abstract provided.
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
International & Comparative Law Colloquium Papers
Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality if its scope remains limited …
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael Van Alstine
Maryland Journal of International Law
No abstract provided.
Introduction Of Chief Justice Arthur Chaskalson, Clinton Bamberger
Introduction Of Chief Justice Arthur Chaskalson, Clinton Bamberger
Maryland Journal of International Law
No abstract provided.
The Influence Of The Universal Declaration As Law, John Dugard
The Influence Of The Universal Declaration As Law, John Dugard
Maryland Journal of International Law
No abstract provided.
Economic And Social Rights: Reflection To Celebrate The 60th Anniversary Of The Declaration Of Human Rights, Steve Kahanovitz
Economic And Social Rights: Reflection To Celebrate The 60th Anniversary Of The Declaration Of Human Rights, Steve Kahanovitz
Maryland Journal of International Law
No abstract provided.
The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks
The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks
Maryland Journal of International Law
No abstract provided.
Human Rights And The Global Economy: Bringing Labor Rights Back In, Shareen Hertel
Human Rights And The Global Economy: Bringing Labor Rights Back In, Shareen Hertel
Maryland Journal of International Law
No abstract provided.
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu
Maryland Journal of International Law
No abstract provided.
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin
Maryland Journal of International Law
No abstract provided.
The Specter Of Violence That Haunts The Udhr: The Turn To Ethics And Expertise, Vasuki Nesiah
The Specter Of Violence That Haunts The Udhr: The Turn To Ethics And Expertise, Vasuki Nesiah
Maryland Journal of International Law
No abstract provided.