Human Rights Law Commons

Open Access. Powered by Scholars. Published by Universities.

80 Institutions 3,044 Full-Text Articles 2,223 Authors 808,347 Downloads

Recent Articles in Human Rights Law

Formalism And State Secrets, Sudha Setty Western New England University School of Law

Formalism And State Secrets, Sudha Setty

Faculty Scholarship

The state secrets privilege has received a tremendous amount of scholarly attention in the U.S. in the last decade. In September 2009, the Obama administration created a new policy that mandated a more rigorous internal administrative review prior to invoking the state secrets privilege. It appears as though this internal review process has resulted in little difference with regard to the invocation of the privilege at the pleadings stage in cases that allege torture and other human rights abuses. This chapter of the forthcoming comparative law volume Secrecy, National Security and the Vindication of Constitutional Law (David Cole, Federico ...


Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci The University of Maine

Safe To Drive? Police Powers Of Search And Seizure In The Vehicular Context, Mark Rucci

Honors College

Since their creation, automobiles have become a central facet of the American culture and psyche. As status symbols and modes of transportation their importance cannot be overstated. Americans love their cars, and the average citizen believes that he or she has legitimate privacy interests in his or her vehicle. But is this the case? For decades, The Court has struggled to balance 4th Amendment privacy rights with effective police procedure, and has thus handed down dozens of rulings on the topic, many of which often seem disparate and contradictory. In the face of such confusion, the Court’s answer has ...


Balancing National Security And International Responsibility: The Immigration System’S Legal Duty To Asylees Fleeing Gang Violence In Central America, Margot Kniffin University of Maryland Francis King Carey School of Law

Balancing National Security And International Responsibility: The Immigration System’S Legal Duty To Asylees Fleeing Gang Violence In Central America, Margot Kniffin

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine University of Maryland Francis King Carey School of Law

Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon University of Maryland Francis King Carey School of Law

Matter Of A-T-: Opening The Door For Gender As A Particular Social Group In Asylum Applications, Kelleen O'Fallon

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Falling Through The Cracks: The Impact Of Vawa 2005’S Unfinished Business On Immigrant Victims Of Domestic Violence, Mary B. Clark University of Maryland Francis King Carey School of Law

Falling Through The Cracks: The Impact Of Vawa 2005’S Unfinished Business On Immigrant Victims Of Domestic Violence, Mary B. Clark

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes University of Maryland Francis King Carey School of Law

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel University of Maryland Francis King Carey School of Law

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky Touro College Jacob D. Fuchsberg Law Center

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.


Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole Touro College Jacob D. Fuchsberg Law Center

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw Touro College Jacob D. Fuchsberg Law Center

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"


The Behavior Of The French Army During The Dreyfus Affair, General André Bach Touro College Jacob D. Fuchsberg Law Center

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.


The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran Touro College Jacob D. Fuchsberg Law Center

The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran

Touro Law Review

Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.


Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron Touro College Jacob D. Fuchsberg Law Center

Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron

Touro Law Review

This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.


Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken University of Maryland Francis King Carey School of Law

Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger University of Maryland Francis King Carey School of Law

Enhancing Human Security: U.S. Policies And Their Health Impact On Women In Sub-Saharan Africa, Tamera Fillinger

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram University of Maryland Francis King Carey School of Law

The Evolving, Yet Still Inadequate, Legal Protections Afforded Battered Immigrant Women, Indira K. Balram

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan University of Maryland Francis King Carey School of Law

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Slapping The Hand Of Cultural Relativism: Female Genital Mutilation, Male Dominance, And Health As A Human Rights Framework, Preston D. Mitchum College of William & Mary Law School

Slapping The Hand Of Cultural Relativism: Female Genital Mutilation, Male Dominance, And Health As A Human Rights Framework, Preston D. Mitchum

William & Mary Journal of Women and the Law

No abstract provided.


The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin University of Maryland Francis King Carey School of Law

The Politics Of Religious Establishment: Recognition Of Muslim Marriages In South Africa, Peter G. Danchin

Faculty Scholarship

No abstract provided.