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Articles 1 - 30 of 47
Full-Text Articles in Human Rights Law
Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.
Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.
Donna M. Hughes
Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer
Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer
Thomas L. Shaffer
But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …
Reflections On The Judgment Of The International Court Of Justice In Bosnia’S Genocide Case Against Serbia And Montenegro, Susana Sácouto
Reflections On The Judgment Of The International Court Of Justice In Bosnia’S Genocide Case Against Serbia And Montenegro, Susana Sácouto
Susana L. SáCouto
No abstract provided.
The International Human Rights Treaty System: Impact At The Domestic And International Levels, Claudio Grossman
The International Human Rights Treaty System: Impact At The Domestic And International Levels, Claudio Grossman
Claudio M. Grossman
No abstract provided.
Prologue, Claudio Grossman
Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing The Rights Of Children And International Human Rights Law: Prologue, Claudio Grossman
Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing The Rights Of Children And International Human Rights Law: Prologue, Claudio Grossman
Claudio M. Grossman
No abstract provided.
Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch
Comparative Wrongful Dismissal Law: Reassessing American Exceptionalism, Samuel Estreicher, Jeffrey M. Hirsch
Jeffrey M. Hirsch
Commentators have long debated the merits of the United States’ “at-will” rule, which allows employers and employees to end the employment relationship without cause or notice, absent a constitutional, statutory, or public policy exception. One premise for both proponents and opponents of at-will employment is to stress the uniqueness of this default among other developed countries, which generally require “cause” for most dismissals. Although other countries’ cause regimes differ significantly from the U.S. on paper, this Article addresses whether those differences in normative law also reflect differences in employees’ protection against wrongful termination in reality. The existing literature on dismissal …
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Lloyd Hitoshi Mayer
This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …
Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell
Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell
Douglass Cassel
No abstract provided.
The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford
Stuart Ford
No abstract provided.
Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia
Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia
Anthony J. Bellia
Legal scholars have debated intensely the role of customary international law in the American federal system. The debate involves serious questions surrounding the United States's constitutional structure, foreign relations, and human rights. Despite an impressive body of scholarship, the debate has stood at an impasse in recent years, without either side garnering a consensus. This symposium–Re-examining Customary International Law and the Federal Courts–aspires to help advance the debate over the status of customary international law in the federal courts.
The symposium received thoughtful and constructive contributions from Professors Curtis A. Bradley, Bradford R. Clark, Andrew Kent, Carlos M. Vizquez, and …
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Richard W Garnett
Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope John Paul …
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus
Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus
John D. McCamus
In recent years, a series of leading cases have returned to consider these questions. The implications of these decisions for the current shape of English law relating to civil redress for privacy invasion are the subject of this article. Surprisingly, perhaps, English courts have remained steadfast in their refusal to recognize invasion of privacy as a tort and in doing so have quite explicitly declined to rely on American experience in this area. Rather, English courts have preferred to resist innovation of this kind and leave the difficult question of privacy law reform to Parliament. On a number of recent …
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
Law Enforcement And White Power: An F.B.I. Report Unraveled, 41 T. Marshall L. Rev. 103 (2015), Samuel Vincent Jones
Samuel V. Jones
Because of intensifying civil strife over the recent killings of unarmed Black men, women, and boys, many Americans are wondering, “What's wrong with our police?” Remarkably, one of the most compelling but unexplored explanations may rest with an FBI warning of October, 2006, which reported that “[W]hite supremacist infiltration of law enforcement” represented a significant national threat.
The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl
The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl
Mark A. Drumbl
The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …
Poverty In The Human Rights Jurisprudence Of The Nigerian Appellate Courts (1999-2011), Obiora C. Okafor, Basil E. Ugochukwu
Poverty In The Human Rights Jurisprudence Of The Nigerian Appellate Courts (1999-2011), Obiora C. Okafor, Basil E. Ugochukwu
Obiora Chinedu Okafor
The major objective of this article is to examine the extent to which the human rights jurisprudence of the Nigerian appellate courts has been sensitive and/or receptive to the socio-economic and political claims of Nigeria’s large population of the poor and marginalized. In particular, the article considers: the extent to which Nigerian human rights jurisprudence has either facilitated or hindered the efforts of the poor to ameliorate their own poverty; the kinds of conceptual apparatuses and analyses utilized by the Nigerian courts in examining the issues brought before it that concerned the specific conditions of the poor; and the key …
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Inventing Legal Combat: Pro-Poor 'Struggles' In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1999-2011, Obiora Chinedu Okafor, Basil E. Ugochukwu
Obiora Chinedu Okafor
This article deals with the question whether the jurisprudence of Nigeria’s appellate courts has helped advance or impede the struggles of the poor to assert their human rights in the country. The article begins by defining, delimiting, and situating the concepts “struggle” and “human rights as struggle.” It then moves on to identify and discuss the factors that make the struggles that the poor and the subaltern must wage to realize their human rights a tough one. Following this discussion, the article turns its attention to its main focus, i.e., an analytical examination of the ways in which the corpus …
African Lessons For Post-2015 Global Right To Development Conceptualization And Practice, Obiora Chinedu Okafor
African Lessons For Post-2015 Global Right To Development Conceptualization And Practice, Obiora Chinedu Okafor
Obiora Chinedu Okafor
No abstract provided.
Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir
Of Takeovers, Foreign Investment And Human Rights: Unpacking The Noranda-Minmetals Conundrum, Aaron A. Dhir
Aaron A. Dhir
In September 2004 Toronto-based Noranda Inc., one of the world's largest producers of nickel and copper, and China Minmetals Corp., a state-owned Chinese company, announced exclusive talks regarding a potential 100 percent buy-out of Noranda. The proposed friendly takeover was expected to be valued at approximately $7.4 billion USD. The dynamic shifted, however, in mid-November when Noranda announced that the exclusivity period for negotiations had expired and would not be renewed. In early March 2005 Noranda expressed frustration at the continuing lengthy process, which was depressing its share value. At the time, Noranda owned 59 percent of leading Canadian nickel …
Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir
Aaron A. Dhir
In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …
The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn
The Puerto Rico-Chicago Connection: Cross-Boundary Drug-Treatment In The United States (2016), Sarah Dávila-Ruhaak, Steven D. Schwinn
Steven D. Schwinn
1. The John Marshall Law School International Human Rights Clinic is a law school student-practice clinic that is committed to the investigation of human rights abuses, the publication of abuses, and the protection against abuses within the United States and around the world. 2. The International Human Rights Clinic has been investigating human rights abuses arising out of a systematic practice of government officials and cooperating private individuals to relocate homeless, drug-addicted persons to putative drug-treatment centers in Chicago, Illinois. In fact, these so-called drug-treatment centers deprive individuals of their physical liberty; fail to provide adequate food, shelter, and other …
Ri Should Target Sex Buyers, Donna M. Hughes Dr.
Ri Should Target Sex Buyers, Donna M. Hughes Dr.
Donna M. Hughes
L.E. V. Greece: Human Trafficking And The Scope Of States' Positive Obligations Under The Echr, Vladislava Stoyanova
L.E. V. Greece: Human Trafficking And The Scope Of States' Positive Obligations Under The Echr, Vladislava Stoyanova
Vladislava Stoyanova
The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins
The Problem Of State Intervention In Post-Abolition Slavery: A Critique Of Consensus, Anthony Talbott, David Watkins
David Watkins
Slavery is now illegal by all states and under international law. Contrary to the hopes of abolitionists, this state of affairs has transformed rather than eradicated slavery as an institution. Furthermore, responses by states to post-abolition forms of slavery have often been less than ideal. This paper begins by comparing two state responses to slavery in the early 20th century: the federal peonage trials in Montgomery, Alabama from 1903-1905, and the federal response to an alleged epidemic of “white slavery” from 1909-1910, culminating in the passage of the White Slave-Traffic Act. Taken together, these responses engender pessimism about the state …
Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin
Between Black And White: The Coloring Of Asian Americans, 14 Wash. U. Global Stud. L. Rev. 637 (2015), Kim D. Chanbonpin
Kim D. Chanbonpin
As in other ethnic and racial groups, colorism plays a significant role in the social interactions in and among Asian Americans. Investigating colorism in the Asian American community provides insights into how group members construct their own racial identities in relation to the broader race-stratified society. A colorism inquiry is a necessary intervention into the existing discourse of Asian American identity construction because it complicates common understandings of the Black/White binary in ways that shed new light on inter- and intra-racial relationships. This article addresses colorism in the Asian American community, and demonstrates both how Asian Americans have been racialized …
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers
Catherine Rogers
I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …
Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal
Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal
Sonia Katyal
In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …
Human Trafficking, Cheryl George, Robert Piatt
Human Trafficking, Cheryl George, Robert Piatt
Cheryl Page
Myth: Hard Work And Credentials Determine Employment Opportunities