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Articles 1 - 8 of 8
Full-Text Articles in Human Rights Law
Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch
Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
A Realist Defense Of The Alien Tort Statute, Robert Knowles
A Realist Defense Of The Alien Tort Statute, Robert Knowles
Law Faculty Publications
This Article offers a new justification for modern litigation under the Alien Tort Statute (ATS), a provision from the 1789 Judiciary Act that permits victims of human rights violations anywhere in the world to sue tortfeasors in U.S. courts. The ATS, moribund for nearly 200 years, has recently emerged as an important but controversial tool for the enforcement of human rights norms. “Realist” critics contend that ATS litigation exasperates U.S. allies and rivals, weakens efforts to combat terrorism, and threatens U.S. sovereignty by importing into our jurisprudence undemocratic international law norms. Defenders of the statute, largely because they do not …
Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch
Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Book Review: Henry J. Richardson Iii, The Origins Of African-American Interests In International Law, D. A. Jeremy Telman
Law Faculty Publications
This short review evaluates Professor Richardson's book both as a contribution to the history of the Atlantic slave trade and as contribution to critical race theory.
Professor Richardson has read innumerable historical monographs, works of legal and sociological theory, international law and critical race theory. Armed with this store of knowledge, he is able to recount a detailed narrative of African-American claims to, interests in and appeals to international law over approximately two centuries spanning, with occasional peeks both forward and backward in time, from the landing of the first African slaves at Jamestown in 1619 to the 1815 Treaty …
Medellin And Originalism, D. A. Jeremy Telman
Medellin And Originalism, D. A. Jeremy Telman
Law Faculty Publications
In Medellin v. Texas, the Supreme Court permitted Texas to proceed with the execution of a Mexican national who, in violation of the United States’ obligations under the Vienna Convention on Consular Relations, had not been given timely notice of his rights of consular notification and consultation. It did so despite its finding that the United States had an obligation under treaty law to comply with an order of the International Court of Justice that Medellin’s case be granted review and reconsideration. The international obligation, the Court found, was not domestically enforceable because the treaties at issue were not self-executing. …
Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch
Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch
Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch
Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.