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Articles 1381 - 1410 of 1867
Full-Text Articles in Entire DC Network
Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer
Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer
Human Rights Brief
No abstract provided.
Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett
Defending International Sentencing: Past Criticism To The Promise Of The Icc, Marisa R. Bassett
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Updates From The Regional Human Rights Systems, Jan Kratochvíl, Kavita Kapur
Human Rights Brief
No abstract provided.
Rethinking The Mérida Initiative: Why The U.S. Must Change Course In Its Approach To Mexico’S Drug War, Stephanie Erin Brewer
Rethinking The Mérida Initiative: Why The U.S. Must Change Course In Its Approach To Mexico’S Drug War, Stephanie Erin Brewer
Human Rights Brief
No abstract provided.
Detention And Prosecution Of Alleged Terrorists And Combatants, Jonathan Tracy
Detention And Prosecution Of Alleged Terrorists And Combatants, Jonathan Tracy
Human Rights Brief
No abstract provided.
Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi
Hope For Change In Immigration Policy: Recommendations For The Obama Administration, Ajmel Quereshi
Human Rights Brief
No abstract provided.
Panel 2: How Are Laws Applied And Detention Practices Reformed? Advocacy And Campaigning Against Torture , James Ross
Panel 2: How Are Laws Applied And Detention Practices Reformed? Advocacy And Campaigning Against Torture , James Ross
Human Rights Brief
No abstract provided.
Panel 2: How Are Laws Applied And Detention Practices Reformed? Question & Answer Session , Steven Watt, Claudio Grossman, James Ross, Eugene Fidell
Panel 2: How Are Laws Applied And Detention Practices Reformed? Question & Answer Session , Steven Watt, Claudio Grossman, James Ross, Eugene Fidell
Human Rights Brief
No abstract provided.
Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention: Oversight Practices Of U.S. Juvenile Facilities , Ted H. Rubin
Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention: Oversight Practices Of U.S. Juvenile Facilities , Ted H. Rubin
Human Rights Brief
No abstract provided.
The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks
The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks
Maryland Journal of International Law
No abstract provided.
Human Rights Hero - Sandra Day O'Connor, Stephen Wermiel, Michael S. Greco
Human Rights Hero - Sandra Day O'Connor, Stephen Wermiel, Michael S. Greco
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The 60th Anniversary Of The Udhr, Juan E. Mendez
The 60th Anniversary Of The Udhr, Juan E. Mendez
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Political Oppression In Sub-Saharan Africa, Alayna Hamilton
Political Oppression In Sub-Saharan Africa, Alayna Hamilton
Human Rights & Human Welfare
Relative to social and economic rights, there is little discourse on the issue of political rights in sub-Saharan Africa (SSA). This fact is attributable to the pressing problems of lack of access to food and healthcare that plague millions of people in the region. However, without the observance of political (and civil) rights, economic development, wealth redistribution, and basic social order may be compromised. Contrary to arguments that insist that economic growth and social stability often require the limitation of political rights, political rights are a necessary requisite for promoting civilian support of governmental policies. Without political rights, equitable policies …
Invoking Human Rights And Transnational Activism In Racial Justice Struggles At Home: Us Antiracist Activists And The Un Committee To Eliminate Racial Discrimination, Falcón
Societies Without Borders
In February 2008, over 120 members of US civil society representing a range of domestic non-governmental organizations attended a United Nations hearing regarding the US government's compliance with the International Convention to Eliminate All Forms of Racial Discrimination. In this article, I analyze a distinct form of transnational activism that requires US racial justice activists to identify human rights standards and principles upon which to build their assertions of racial injustice, necessitating a fluency in the language of human rights and the ability to negotiate and lobby with members of a UN committee.
What Will States Really Do For Us? The Human Rights Enterprise And Pressure From Below, Armaline, Davita Glasberg
What Will States Really Do For Us? The Human Rights Enterprise And Pressure From Below, Armaline, Davita Glasberg
Societies Without Borders
International human rights standards and treaties have been plagued with disputes over the relevance and power of international law with regard to state sovereignty. These disputes commonly result in states' failure to realize the rights and standards outlined by such human rights instruments. What if states cannot or will not provide fundamental dignities to their people? Moreover, how does global restructuring affect states' ability to implement human rights? We explore these questions through what we call the “human rights enterprise,” which includes conflicts between rulers and the ruled over the realization of human rights practice. As such, human rights are …
Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky
Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky
Michigan Journal of International Law
In the age of terrorism, human rights law globally suffers substantial setbacks. However, at the regional level, human rights law is now more relevant than ever. More cases are decided each year by regional human rights tribunals, particularly in Europe. More importantly, human rights law affects more areas of domestic legal systems than ever before-from trademark law to limits on corporal punishment of children. This growing complexity presents two challenges: first, the challenge of comprehension (or the increasing need to make sense of the ever-expanding case law in many substantive areas) and second, the challenge of responsibility (or the fact …
The Development Of Sex Trafficking In Central America, Kate Zdrojewski
The Development Of Sex Trafficking In Central America, Kate Zdrojewski
Human Rights & Human Welfare
Human trafficking in Central America has taken center stage since the late 1990s. This increase in public attention has been driven by U.S. initiatives, such as the Trafficking Victims Protection Act (TVPA), as well as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Trafficking Protocol. The United States has the reputation of being the leader in the fight against trafficking in Central America, using the TVPA and the Trafficking Protocol as primary mechanisms for anti-trafficking efforts.
International Law And Human Trafficking, Lindsey King
International Law And Human Trafficking, Lindsey King
Human Rights & Human Welfare
International law is a powerful conduit for combating human trafficking. The most reputable and recent instruments of international law that have set the course for how to define, prevent, and prosecute human trafficking are the United Nations Convention against Transnational Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in 2003-2004. The United Nations Office on Drugs and Crime (UNODC) created these conventions, which have supported international …
The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander
The International Criminal Court And The Prevention Of Atrocities: Predicting The Court's Impact, James F. Alexander
Villanova Law Review (1956 - )
No abstract provided.
Ignorance Is Not Necessarily Bliss: The Third Circuit Expands The Requirements For A Knowing And Voluntary Plea In Jamison V. Klem, Kristen M. Hall
Ignorance Is Not Necessarily Bliss: The Third Circuit Expands The Requirements For A Knowing And Voluntary Plea In Jamison V. Klem, Kristen M. Hall
Villanova Law Review (1956 - )
No abstract provided.
Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff
Individual Accountability For Human Rights Abuses: Historical And Legal Underpinnings, Steven R. Ratner, Jason S. Abrams, James L. Bischoff
Book Chapters
The international legal community is beset today with talk of accountability. Governments, international organizations, non-governmental organizations, and scholars speak of the need to hold individuals responsible for official acts that violate the most cherished of international human rights. Some study the nature of various infractions with an eye toward codification; others seek to create or engage mechanisms for trying or otherwise punishing individuals. Their common mission is based on a shared understanding that international law has a role to play not only in setting standards for governments, non-state actors, and their agents, but in prescribing the consequences of a failure …
Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito
Human Rights, American Exceptionalism, And The Stories We Tell, Natsu Taylor Saito
Faculty Publications By Year
The Universal Declaration of Human Rights represents a remarkable expansion in the recognition of the fundamental rights of all peoples. Nonetheless, consensus on the implementation of these rights is elusive. Two commonly referenced obstacles to achieving such a consensus are: (1) the United States’ practice of unilaterally exempting itself from international human rights treaties, i.e., American exceptionalism; and (2) resistance from those who see the international human rights movement as a means of imposing Western values on non-Western cultures. Considering these as related issues, both deriving from the Eurocentric nature of contemporary international law, this essay suggests that a truly …
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Faculty Publications
“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.
The Path Of Mentally Ill Offenders, William J. Rich
The Path Of Mentally Ill Offenders, William J. Rich
Fordham Urban Law Journal
Beginning with the premise that both the number and percentage of mentally ill inmates as sharply risen in recent years, this Article explores the path of mentally ill offenders in the American criminal justice system. It seeks to identify points of relief from the current crisis, in which a recent report stated that over 40% of state prisoners reported symptoms that met the criteria for mania. The challenge is exacerbated by the fact that prisons now provide a large share of the mental health treatment in the United States, taxing the resources of even the most progressive correctional systems. Part …
Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie
Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie
Faculty Publications
Foreword to the International Committee of the Red Cross (ICRC) and the Frederick K. Cox International Law Center at Case Western Reserve University organized a two-day experts meeting on security detention, Cleveland, OH, 2009
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Queer Lockdown: Coming To Terms With The Ongoing Criminalization Of Lgbtq Communities, Ann Cammett
Scholarly Works
The criminal justice system exacts a toll on some Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) communities. The experience of living in poverty and the concomitant exposure to a variety of governmental systems puts all poor, but especially LGBTQ low-income people of color, at risk of incarceration. What typically goes unexamined are the myriad ways that LGBTQ people are drawn into and experience the carceral system because of sexual identities and expression. This negative effect surfaces at every conceivable level: the marginalization and subsequent criminalization of queer youth; anti-gay bias in the judicial system; the rerouting of domestic violence cases …
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
Articles
Although sometimes described as war, the fight against transnational jihadi groups (referred to for shorthand as the "fight against terrorism") largely takes place away from any recognizable battlefield. Terrorism suspects are captured in houses, on street corners, and at border crossings around the globe. Khalid Shaikh Mohammed, the high-level Qaeda operative who planned the September 11 attacks, was captured by the Pakistani government in a residence in Pakistan. Abu Omar, a radical Muslim imam, was apparently abducted by U.S. and Italian agents off the streets of Milan. And Abu Baker Bashir, the spiritual leader of the Qaeda-affiliated group responsible for …
An Unnecessary Convenience: The Assertion Of The Uniform Code Of Military Justice ("Ucmj") Over Civilians And The Implications Of International Human Rights Law, Dan E. Stigall
Cardozo Journal of International and Comparative Law
The expansion of the Uniform Code of Military Justice (UCMJ) to include jurisdiction over civilians during contingency operations raises significant legal and human rights concerns, particularly regarding due process and equality under the International Covenant on Civil and Political Rights (ICCPR). While the UCMJ aims to maintain military order, its application to civilians may not meet the ICCPR's requirements for necessity and fairness, potentially undermining the U.S.'s international reputation. However, proponents argue that military jurisdiction can sometimes advance human rights and accountability, suggesting a need for balanced solutions.
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill
Articles & Chapters
The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …
Exporting Harshness: How The War On Crime Helped Make The War On Terror Possible, James Forman Jr.
Exporting Harshness: How The War On Crime Helped Make The War On Terror Possible, James Forman Jr.
Georgetown Law Faculty Publications and Other Works
This Essay responds to a consensus that has formed among many opponents of the Bush administration’s prosecution of the war on terror. The consensus narrative goes like this: America has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system’s expansive protections. Since September 11, 2001, President Bush, Vice President Cheney, former Defense Secretary Rumsfeld, and their allies have dishonored this tradition. It is too simple, I suggest, to assert that the Bush administration remade our justice system and betrayed American values. This Essay explores the ways in which our approach to the war …