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Full-Text Articles in Jurisprudence
Kennan And Human Rights, Gordon A. Christenson
Kennan And Human Rights, Gordon A. Christenson
Faculty Articles and Other Publications
This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.
The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson
The Uses Of Human Rights Norms To Inform Constitutional Interpretation, Gordon A. Christenson
Faculty Articles and Other Publications
Recent federal court of appeals decisions have relied on fundamental human rights norms to inform constitutional interpretation. This comment reviews the reasoning in those cases to identify possible constitutional uses of fundamental human rights norms and to suggest some conceptual framework for their use. The need for such a framework is illustrated by the cases themselves, which seem disparate and disjointed, with no discernible coherent philosophy, though each makes good sense when considered alone.