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Articles 1 - 30 of 74
Full-Text Articles in Human Rights Law
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Washington Law Review
The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed the …
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Buying A Wife But Saving A Child: A Deconstruction Of Popular Rhetoric And Legal Analysis Of Mail-Order Brides And Intercountry Adoptions, Ryiah Lilith
Buffalo Women's Law Journal
No abstract provided.
Re-Conceiving "Third World" Legitimate Governance Struggles In Our Time: Emergent Imperatives For Rights Activism, Obiora Chinedu Okafor
Re-Conceiving "Third World" Legitimate Governance Struggles In Our Time: Emergent Imperatives For Rights Activism, Obiora Chinedu Okafor
Buffalo Human Rights Law Review
No abstract provided.
Human Rights And Sustainable Development In Contemporary Africa: A New Dawn, Or Retreating Horizons?, J. Oloka-Onyango
Human Rights And Sustainable Development In Contemporary Africa: A New Dawn, Or Retreating Horizons?, J. Oloka-Onyango
Buffalo Human Rights Law Review
No abstract provided.
The African Commission On Human And Peoples' Rights: Eleven Years After, Udeme Essien
The African Commission On Human And Peoples' Rights: Eleven Years After, Udeme Essien
Buffalo Human Rights Law Review
No abstract provided.
Tinkering With The Machinery Of Death: Understanding Why The United State's Use Of The Death Penalty Violates Customary International Law, Michelle Mckee
Tinkering With The Machinery Of Death: Understanding Why The United State's Use Of The Death Penalty Violates Customary International Law, Michelle Mckee
Buffalo Human Rights Law Review
No abstract provided.
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
BYU Law Review
No abstract provided.
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
Police Tactics Against Protestors Violate Civil Liberties, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
On Genocide, Anthony D'Amato
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.
Full Volume 75: International Law Across The Spectrum Of Conflict
Full Volume 75: International Law Across The Spectrum Of Conflict
International Law Studies
No abstract provided.
The History And Status Of The International Criminal Court, Howard Levie
The History And Status Of The International Criminal Court, Howard Levie
International Law Studies
No abstract provided.
Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Ibpp Editor
Trends. Licit And Illicit Human Trafficking: The Ultimate Violation Of Human Rights, Ibpp Editor
International Bulletin of Political Psychology
This article discusses human trafficking for economic reasons and its context.
Full Volume 74: The Tanker War, 1980-88: Law And Policy
Full Volume 74: The Tanker War, 1980-88: Law And Policy
International Law Studies
No abstract provided.
Chapter Vi (The Tanker War And The Maritime Environment)
Chapter Vi (The Tanker War And The Maritime Environment)
International Law Studies
No abstract provided.
Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman
Beware Aggressors: In Times Of Conflict, The Eyes Of The World Are Upon You, Rachel M. Wittman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Human Rights In Transition-- Freedom From Fear, Dorothea Beane
Human Rights In Transition-- Freedom From Fear, Dorothea Beane
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor
Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor
International Bulletin of Political Psychology
This article discusses Kofi Annan's apology for the United Nations' failure to intervene in the atrocities in Bosnia and Rwanda.
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
Faculty Articles and Other Publications
International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …
Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher
Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher
Reports
A report on the situation of Roma and Sinti in the OSCE area with regard to discrimination and racial violence, education, living conditions and political participation.The Report on the Situation of Roma and Sinti in the OSCE Area contains detailed information on discrimination and racial violence, education, living conditions and political participation. It also includes recommendations on these issues.Publisher: Organization for Security and Co-operation in Europe available at https://www.osce.org/hcnm/32350
Humanitarian Intervention At A Crossroads, Bartram Brown
Humanitarian Intervention At A Crossroads, Bartram Brown
All Faculty Scholarship
No abstract provided.
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Faculty Publications
This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.