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Human Rights Law Commons

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1983

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Articles 1 - 19 of 19

Full-Text Articles in Human Rights Law

Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance Jul 1983

Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Archives Records

This annual report of progress in the affirmative action - equal employment opportunity program is made in accordance with Section XIII of the Affirmative Action Plan, as amended July 1, 1981. This report will consist of four main elements:

  1. Promotions During the Year
  2. Recruitment Activities, Includes Goals & Results
  3. Comparison of Personnel Strengths during 1981-82 & 1982-83
  4. Conclusions Regarding Overall Progress & Recommendations for Future Improvements


Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn Mar 1983

Introduction To Panel Iii: Regional And Other International Organizations Responses To Internal Conflict, Louis B. Sohn

Scholarly Works

The United Nations has been trying to do three different things. First, the United Nations had to develop the basic principles of intervention. Most of them were borrowed from the Charter of the Organization of American States, especially those on intervention, but they went much further concerning the limitations on help to guerrillas and the problems of interference by various means. The United Nations Declaration on Friendly Relations, the Declaration on Inadmissibility of Intervention, and several other documents have been broadening or clarifying the law on the subject over the last 20 years. Second, as noted previously, the United Nations …


Introduction To Panel I, Gabriel M. Wilner Mar 1983

Introduction To Panel I, Gabriel M. Wilner

Scholarly Works

The work of this panel is to sort out the theories and arguments on the obligations of individual states, as distinguished from the international or regional community of states acting under the rules of an international organization, in dealing with internal conflicts in other states. Are states assisted in determining their obligations by existing standards of international law? The panel will wish to address itself to the central question of the content of international law standards on intervention. In doing so it may also wish to offer some definition of "internal conflict" and discuss the ramifications of the passage from …


Ironies Of Intervention, Milner S. Ball Mar 1983

Ironies Of Intervention, Milner S. Ball

Scholarly Works

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than …


A Message Of Hope, Dean Rusk Mar 1983

A Message Of Hope, Dean Rusk

Scholarly Works

So I would hope, based upon the extraordinarily interesting discussion that we have had here during this Colloquium, that we try to follow it up a bit and not be too discouraged about the modesty of certain things that might be done, but see if we cannot find some way to encapsulate, surround, isolate these internal violence situations so that they do not contribute to those great struggles which could end us all.


Gradations Of Intervention In Internal Conflicts, Louis B. Sohn Mar 1983

Gradations Of Intervention In Internal Conflicts, Louis B. Sohn

Scholarly Works

I promised to suggest a definition. It is a very modest one, simply trying to apply the language of article 51 of the Charter about self-defense to the problem of military intervention. It might be desirable to have at least a rule which would say: "No military invention by one state in the internal armed conflicts in another state is permissible except in an extreme emergency requiring instant response and subject to imimediate termination of such emergency action on the request of the United Nations or an appropriate regional organization."


Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire Mar 1983

Making Noninterpretivism Respectable: Michael J. Perry's Contributions To Constitutional Theory, Richard B. Saphire

Michigan Law Review

A Review of The Constitution, The Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary by Michael J. Perry


Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega Jan 1983

Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega

Publications

This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers.

State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …


Post-Traumatic Stress Disorder, Vietnam Veterans And The Law: A Challenge To Effective Representation, C. Peter Erlinder Jan 1983

Post-Traumatic Stress Disorder, Vietnam Veterans And The Law: A Challenge To Effective Representation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


An Analysis Of The Proposition Of Accession Of The European Communities To The European Convention On Human Rights, Yves Quintin Jan 1983

An Analysis Of The Proposition Of Accession Of The European Communities To The European Convention On Human Rights, Yves Quintin

Vanderbilt Journal of Transnational Law

Considering the numerous problems created by the accession, including the length of time required and the administrative burdens placed on the EC, one may question the value of this project. The creation of a catalogue of rights, however, will require as much time as the accession. As Professor Schermers points out, producing such a catalogue specifically for the EC will further split Western Europe, isolate the other members of the Council of Europe, and limit the effectiveness of the ECHR to the extent that the provisions in the catalogue would offer higher standards of protection. One may argue, however, that …


The Frolova Case: A Practitioner's View, Anthony D'Amato Jan 1983

The Frolova Case: A Practitioner's View, Anthony D'Amato

Faculty Working Papers

The Frolova case may provide a substantial basis for continuing a trend away from the unfortunate decision in Banco Nacional de Cuba v. Sabbatino which may some day be viewed as the Alast gasp@ of the act of state doctrine as an impediment to the realization of the international rule of law.


The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes Jan 1983

The Dilemma Of The Refugee: His Standard For Relief, Leon Wildes

Cardozo Law Review

No abstract provided.


The Child's Right To A Best Interests Psychological Development Under The Declaration Of The Rights Of A Child: Policy Science Reflections On International Law , Psychological Well-Being And World Peace, John Batt Jan 1983

The Child's Right To A Best Interests Psychological Development Under The Declaration Of The Rights Of A Child: Policy Science Reflections On International Law , Psychological Well-Being And World Peace, John Batt

NYLS Journal of Human Rights

No abstract provided.


Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii Jan 1983

Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii

Michigan Journal of International Law

The American approach to the political offense exception to extradition is under increasing attack. Unfavorable commentary, sparked in part by the recent decision In re McMullen, has noted the confusion present in the operation of the exception. This article will trace some of the difficulties to the uncertain procedural burdens of raising and proving the exception in the judicial hearing. The current practice should be reformed to ameliorate the confusion. To this end, the United States Congress or Supreme Court must intervene to unify the procedural approaches taken by U.S. magistrates with respect to raising and proving the political …


Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson Jan 1983

Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson

Michigan Journal of International Law

This article will first define the types of post-extradition treatment which requested persons have raised as requiring judicial attention. It will next survey judicial responses to these claims and then consider the scope of executive review. The article concludes that the courts have exaggerated the range of executive discretion to deny extradition. As extradition currently operates in the United States, there is the serious possibility that a bona fide claim of unfair treatment would not receive adequate consideration by either the judicial or executive branch.


International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman Jan 1983

International Legal Standards Relating To The Rights Of Aliens And Refugees And United States Immigration Law, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Insurance Classification Controversy, Regina Austin Jan 1983

The Insurance Classification Controversy, Regina Austin

All Faculty Scholarship

No abstract provided.


The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg Jan 1983

The Philippines: A Country In Crisis - A Report By Lawyers Committee For International Human Rights, Diane Orentlicher, Marvin E. Frankel, Jack Greenberg

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Application Of International Human Rights Law In State And Federal Courts, Connie De La Vega, Stephen Rosenbaum, Kathryn Burke, Sandra Coliver Dec 1982

Application Of International Human Rights Law In State And Federal Courts, Connie De La Vega, Stephen Rosenbaum, Kathryn Burke, Sandra Coliver

Connie de la Vega

This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers. State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …