Human Rights Law Commons™
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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
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
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
Feminist Legal Theory And Human Trafficking In The United States: Towards A New Framework, Cynthia L. Wolken
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
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.
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Popular Articles
Social Contract Theory Of John Locke (1932-1704) In The Contemporary World
African Customary Law, Customs, And Women's Rights, Muna Ndulo
The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence Gostin
State Regulation Of Sexuality In International Human Rights Law And Theory
Children's Rights: Policy Into Practice, Mary Kellett
The Injustice Of Sex Trafficking And The Efficacy Of Legislation
Understanding Children And Childhood, Mary Kellett
The Story Of Narmada Bachao Andolan: Human Rights In The Global Economy And The Struggle Against The World Bank, Smita Narula
Fundamentos Del Derecho Procesal Civil
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