Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International law (4)
- Religion (3)
- Human rights (2)
- Belief (1)
- Comparative Law (1)
-
- Conscience (1)
- Cuba (1)
- Detainee (1)
- Dominican Republic (1)
- Enemy combatant (1)
- Environmental concerns (1)
- Environmental standards (1)
- Freedom of religion (1)
- German constitution law (1)
- Habeas relief (1)
- Human Rights Law (1)
- Human rights law (1)
- Humanitarian intervention (1)
- Immigration (1)
- Individual freedom (1)
- International Law (1)
- Jurisprudence (1)
- Minorities (1)
- Neutrality thesis (1)
- Political secularism (1)
- Public Law and Legal Theory (1)
- Reconstructionist (1)
- Religious freedom (1)
- Restorationist (1)
- Terrorism (1)
Articles 1 - 9 of 9
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.
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 …
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.
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.
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen
The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen
Faculty Scholarship
No abstract provided.