Digital Commons Network^™

Justice In A Post-Apartheid South Africa, Penelope Andrews

Other Publications

No abstract provided.

La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin

Scholarly Articles

No abstract provided.

Gideon's Shelter: The Need To Recognize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer

Articles & Chapters

No abstract provided.

Eurocacy And Distrust: Some Questions Concerning The Role Of The European Court Of Justice In The Protection Of Fundamental Human Rights Within The Legal Order Of The European Communities, Joseph H.H. Weiler

Washington Law Review

Protection of individual rights has been a central feature of much of the judicial review by supreme courts in Western countries in the postwar era. Concepts such as individual dignity and privacy, as well as more classical notions of liberty and equality before the law, have been the standard repositories of constitutional interpretation by courts reviewing governmental legislation and administrative action. The concept and practice of judicial review have penetrated, albeit in a limited way, even legal cultures which for long have resisted, such as Britain and France. I Indeed, judicial review in general and the protection of individual rights …

Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker

NYLS Journal of Human Rights

No abstract provided.

Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder

Law Faculty Articles and Essays

The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …

Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.

Defining Filartiga: Characterizing International Torture Claims In United States Courts, John Paul George

Penn State International Law Review (1982 - 2011)

Filartiga v. Pena-Irala is the paradigm for studying private torture claims against foreign officials in the United States. As the paradigm, the Filartiga action must be succinctly defined. This will assist inquiries into its judicial jurisdiction and choice of law, and it will make Filartiga-type cases more understandable and therefore more acceptable to critics. This discussion is limited to the assertion of personal jurisdiction over a foreign official for a private torture claim brought in the United States. Although this analysis is focused narrowly on Filartiga, it is designed to enhance understanding of future torture claims as well.

Special Problems Of Custody For Unaccompanied Refugee Children In The United States, Ellen J. Durkee

Michigan Journal of International Law

Part I of this note provides an overview of federal legislation regarding admissions of unaccompanied refugee children. Part II describes various obstacles to a smooth transition from the child's admission into the United States to his or her placement by a state court with a permanent legal custodian who ensures that the child receives care and supervision. Problems in this area frequently result from uncertainties regarding long-term financial responsibility for the child. Also common are procedural difficulties in introducing unaccompanied refugee children into state child welfare systems. Part III then focuses on conflicts arising after the child's placement, when the …

Command Criminal Responsibility: A Plea For A Workable Standard, William G. Eckhardt

Faculty Works

A major revision of the law of war is in process. The unusual timing of historical and political events requires Americans to seek a practical articulation of the standard of behavior expected of their combat commanders. The purpose of this article is to constructively participate in that search.

The cornerstone of military professionalism is professional conduct on the battlefield. The articulation of that professional conduct, in addition to underscoring the legitimacy of the honorable profession of arms, would shield commanders from untutored, politically motivated allega­tions of war crimes and, more importantly, would allow the teaching of expected conduct and thus …

Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

No abstract provided.

The Mechanics Of Institutional Reform Litigation , A. David Reynolds

Fordham Urban Law Journal

An examination of large scale public interest lawsuits in the 1970s aimed at institutional reform which resulted in the federal courts becoming involved in the administration of governmental agencies. These actions were considered by some to be a new breed of litigation. This article provides some insight into the process that these suits are litigated. Further, the article examines the relief provided in these lawsuits as well as the enforcement issues involved providing that relief was granted.

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

The present essay is one of the fruits of a four-year comparative research project entitled "Florence Access-to-Justice Project," sponsored by the Ford Foundation and, with a slightly more local focus, the Italian National Council of Research (CNR). The essay will serve as the General Report introducing the Project's forthcoming four-volume series. The volumes, being published by Sijthoff (Leyden and Boston) and Giuffr6 (Milan) under the general editorship of Mr. Cappelletti are: Volume I. Access to Justice: A World Survey (edited by Messrs. Cappelletti and Garth); Volume II. Access to Justice: Studies of Promising Institutions (edited by Mr. Cappelletti and Mr. …

The Organized Bar--Yellow Brick Road To Legal Services For The Poor, Lawrence L. Thompson, R. William Ide, Iii

Vanderbilt Law Review

The experience of GILS-GLSP demonstrates that the extensive investment of time necessary to involve the organized bar in the legal services effort can make a vital contribution to the development of a stable, professional, statewide, legal services program. Bar support eases access to the political process, improves community relations, and facilitates program funding. Furthermore, bar support helps reduce the political strife that has heretofore plagued legal services programs. The rewards of such an approach can be great. Adequate funding obtained with active bar support has enabled GILS-GLSP to provide increasingly comprehensive legal services to indigent clients. From a modest budget …

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …

The European Convention On Human Rights And The United Nations Covenant On Civil And Political Rights: Problems Of Coexistence, Marc-André Eissen

Buffalo Law Review

This article is a revised and expanded version of a work entitled Convention européenne des Droits de l'Homme et Pacte des Nations Unies relatif aux droits civils et politiques: problgmes de "coexistence," which was published by Mr. Eissen in 30 ZEITSCHRIFT FUR AUSLÄNDISCHES OFFENTLICHES RECHT UND VÖLKERRECHT 237 and 646 (1970).

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

Appointed Counsel For The Indigent Civil Defendant: A Constitutional Right Without A Judicial Remedy., Michael Botein

Articles & Chapters

No abstract provided.

Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee

Faculty Articles

Professor McGee examines the use of deadly force in quelling recurrent communal rioting of alienated black urban masses in 1968. Napoleon fired “grapeshot” into a rioting Parisian crowd in 1795, and while his brutality may have quieted the rioters it should not be set as an example for our modern day police forces. Deadly force used against large numbers of citizens, who just prior to the riots were for the most part law-abiding and peaceful, can have crushing social consequences. In this article Professor McGee discusses police departmental policy, the limits of deadly force in arrests, excessive force and liability, …