Human Rights Law Commons^™

Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Rights Integration In An Institutional Context: The Experience Of The Kenya Human Rights Commission, Willy Mutunga, Alamin Mazrui

Buffalo Human Rights Law Review

No abstract provided.

International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu

Pace International Law Review

No abstract provided.

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Defending The Universality And Timelessness Of The Universal Declaration Of Human Rights: A View From The ‘Developing’ World, Shaista Shameem

Human Rights & Human Welfare

A review of:

Human Rights: Concepts, Contests, Contingencies edited by Austin Sarat and Thomas R. Kearns. Ann Arbor: University of Michigan Press, 2001. 144pp.

Searching For Justice In An Unjust World, Sharon Healey

Human Rights & Human Welfare

A review of:

Stay the Hand of Vengeance by Jonathan Gary Bass. Princeton: Princeton University Press, 2000. 368pp.

and

For Humanity: Reflections of a War Crimes Prosecutor by Richard Goldstone. New Haven, CT: Yale University Press, 2000. 152pp.

Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong

Faculty Publications

Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Evolution Of Religious Freedom As A Universal Human Right: Examining The Role Of The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Derek H. Davis

BYU Law Review

No abstract provided.

The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada

BYU Law Review

No abstract provided.

Truth And Reconciliation Commissions: General Considerations And A Critical Comparison Of The Commissions Of Chile And El Salvador, Mark Vasallo

University of Miami Inter-American Law Review

No abstract provided.

Unintended Consequences Of United States' Foreign Drug Policy In Bolivia, Solimar Santos

University of Miami Inter-American Law Review

No abstract provided.

Human Rights In China In The Context Of The Rule Of Law: Hearing Before The Congressional-Executive Commission On China, 107th Cong., Feb. 7, 2002 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.

African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil

Northwestern Journal of International Law & Business

This paper focuses specifically on the possible liability under the ATCA of multinational oil and mining companies operating in Africa. First, it will examine the relationships between the multinational oil and mining companies, private security forces and African governments. In doing so, it will describe the actual activities and operations of the private security forces in conjunction with the oil and mining corhpanies. Second, this paper will outline the elements of liability under the ATCA. This will include a discussion of recent cases in which foreign nationals have sued multinational companies in the United States for alleged human rights abuses …

The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner

Faculty Scholarship

No abstract provided.

Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook

Michigan Journal of International Law

This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …

Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster

Michigan Journal of International Law

The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …

United Kingdom Transgender Win, Arthur S. Leonard

Other Publications

No abstract provided.

Human Rights Policy In The Age Of Terrorism, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green

Articles in Law Reviews & Other Academic Journals

This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.

Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …

The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling

Theodor JR Schilling

This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …

Bámaca Velásquez V. Guatemala: An Expansion Of The Inter-American System’S Jurisprudence On Reparations, Megan Hagler, Francisco Rivera

Human Rights Brief

No abstract provided.

Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey

Florida State University Journal of Transnational Law & Policy

No abstract provided.