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Articles 1681 - 1710 of 1867
Full-Text Articles in Entire DC Network
Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz
Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz
Articles
No abstract provided.
Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes
Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes
All Faculty Publications
This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …
Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna
Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Important Lessons From History, Wendy Brown-Scott
Important Lessons From History, Wendy Brown-Scott
Buffalo Human Rights Law Review
Book review of Mark Curriden & Leroy Phillips, Jr.'s Contempt of Court: The Turn-Of-The_Century Lynching That Launched A hundred Years Of Federalism
The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt
The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt
Buffalo Human Rights Law Review
No abstract provided.
International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu
International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu
Pace International Law Review
No abstract provided.
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
Georgetown Law Faculty Publications and Other Works
The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …
Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn
University of Michigan Journal of Law Reform
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
Truth And Reconciliation Commissions: General Considerations And A Critical Comparison Of The Commissions Of Chile And El Salvador, Mark Vasallo
University of Miami Inter-American Law Review
No abstract provided.
Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust
Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust
Michigan Journal of International Law
While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak
Michigan Journal of International Law
This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …
Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion
Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion
Human Rights Brief
No abstract provided.
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg
Human Rights Brief
No abstract provided.
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Justice Denied? The Adjudication Of Extradition Applications, Ann Powers
Justice Denied? The Adjudication Of Extradition Applications, Ann Powers
Elisabeth Haub School of Law Faculty Publications
This article was prompted when a well-regarded LL.M. candidate at Pace Law School's Center for Environmental Legal Studies was arrested and subjected to extradition proceedings. Faculty, staff, and students became embroiled in efforts, ultimately successful, to challenge the extradition request. In doing so, they confronted the substantive and procedural barriers faced by an accused in current extradition processes and the significant potential for human rights abuses. Thus, this article, which analyzes current extradition law, updates what has been a slowly developing area of the law and proposes changes to address some of the shortfalls. Part II presents a brief history …
Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol
Latcritical Perspectives: Individual Liberties, State Security, And The War On Terrorism, Berta E. Hernández-Truyol
UF Law Faculty Publications
This overview of the events of September 11 and the series of domestic and international responses thereto--legal, military, and political--intertwine the global and the local, effectively glocalizing terror. Foreign forces united to effect a military strike against the Taliban and al Qaeda in Afghanistan. Captives from numerous countries are held by the U.S. military on a base in Cuba. Assets have been frozen in financial institutions around the world. The global and local lines are blurred or trespassed, depending on one's point of view, by collective enforcement against terror as well as by unilateral actions that, while seeking to bring …
Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan
Book Review. Perceptions And Interpretations Of Law From Past To Present In The Subcontinent, Jayanth K. Krishnan
Articles by Maurer Faculty
No abstract provided.
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Faculty Scholarship
This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …
The War On Terrorism And The End Of Human Rights, David Luban
The War On Terrorism And The End Of Human Rights, David Luban
Georgetown Law Faculty Publications and Other Works
In the immediate aftermath of September 11, President Bush stated that the perpetrators of the deed would be brought to justice. Soon afterwards, the President announced that the United States would engage in a war on terrorism. The first of these statements adopts the familiar language of criminal law and criminal justice. It treats the September 11 attacks as horrific crimes—mass murders—and the government’s mission as apprehending and punishing the surviving planners and conspirators for their roles in the crimes. The War on Terrorism is a different proposition, however, and a different model of governmental action—not law but war. Most …
Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn
Russian Compliance With Articles Five & Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform & Human Rights In Russia, Jeffrey D. Kahn
Faculty Journal Articles and Book Chapters
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
The European Convention On Human Rights: A Threat To United States-European Security Relations And The United States Military Justice System?, Darla Jackson
Other Faculty Publications
No abstract provided.
The Taliban’S ‘Other’ Crimes, Mark A. Drumbl
The Taliban’S ‘Other’ Crimes, Mark A. Drumbl
Scholarly Articles
This paper explores possible legal responses to the Taliban's 'other' crimes--those inflicted against Afghans during Taliban rule. This criminality largely has been rendered invisible by virtue of the international community's focus on punishing the Taliban's support of transnational terrorists, in particular al-Qaeda. This invisibility is problematic given that carefully constructed prosecutions of these 'other' crimes could play an important role in post-conflict reconciliation and national reconstruction in Afghanistan. Such reconciliation and reconstruction can legitimise a representative post-conflict state and curb terrorist recidivism.
Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee
Recognizing The Interdependence Of Rights In The Antidiscrimination Context Through The World Conference Against Racism , Catherine Powell, Jennifer H. Lee
Faculty Scholarship
This background paper assesses the importance of integrating gender into efforts to address racial discrimination and related intolerance in the WCAR process. While this background paper primarily focuses on racial discrimination, the analysis may be applied to xenophobia and related intolerance where these experiences are "raced" experiences. Addressing these forms of intolerance in a comprehensive manner requires unmasking the ways in which race intersects with gender and other status. A gender analysis is needed to make racism more fully visible, because "racial discrimination does not always affect men and women equally or in the same way." Women often experience compounded …
European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein
European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering v. United Kingdom against this background and analyzes its scholarly reception, influence on international and foreign jurisprudence, and lack of effect in the United States. Part III explores the implications of SOERING for defenses to extradition based on prison conditions: whether prison conditions in the United States could conceivably rise to the level of a human rights violation, whether the European Court of Human Rights …
Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak
Truth As Right And Remedy In International Human Rights Experience, Thomas Antkowiak
Faculty Articles
Early this year, the Inter-American Court of Human Rights in San Jose, Costa Rica, was faced yet again with a seemingly basic question: Does an individual have a legal right to know the truth about the circumstances surrounding the serious human rights violations a loved one has suffered? One might expect to encounter such a privilege in our victim centered system of international human rights protection-especially within the progressive jurisprudence of the Inter-American Court. Yet, it is simply not to be found as a substantive, explicit right. This essay seeks to explore the origins, scope, and key possibilities of an …
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch
Faculty Scholarship
International treaty law occupies a more secure place in U.S. constitutional text than customary international law. Treaties, we know, are the “supreme law of the land” under Article VI of the Constitution and are routinely applied both in state courts and in federal courts under Article III. So the “awkward relationship” to which I will address myself is how U.S. courts should determine the meaning of an international treaty to which the United States is bound, when the parties involved in court have different views on the substance of the obligation that the United States has undertaken. Thus my general …
New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman
New Death Penalty Debate: What's Dna Got To Do With It, James S. Liebman
Faculty Scholarship
The nation is engaged in the most intensive discussion of the death penalty in decades. Temporary moratoria on executions are effectively in place in Illinois and Maryland, and during the winter 2001 legislative cycle legislation to adopt those pauses elsewhere cleared committees or one or more houses of the legislature, not only in Connecticut (passed the Senate Judiciary Committee) and Maryland (where it passed the entire House, and the Senate Judiciary Committee) but in Nevada (passed the Senate) and Texas (passed committees in both Houses). In the last year, abolition bills have passed or come within a few votes of …
Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy
Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy
American University Law Review
No abstract provided.
Two Critiques Of Multiculturalism, Ayelet Shachar
Two Critiques Of Multiculturalism, Ayelet Shachar
Cardozo Law Review
No abstract provided.