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Articles 1 - 30 of 31
Full-Text Articles in Entire DC Network
Africa And The Rule Of Law, Makau Wa Mutua
Africa And The Rule Of Law, Makau Wa Mutua
Journal Articles
The rule of law is often seen as a panacea for ensuring a successful, fair and modern democracy which enables sustainable development. However, as Makau Mutua highlights, this is not the case. Using the example of African states, he describes how no African country has truly thrown off the shackles of colonial rule and emerged as a truly just nation state – even though many have the rule of law at the heart of their constitutions. This, he argues, is because the Western concept of the rule of law cannot be simply transplanted to Africa. The concept must be adapted …
Visiting Fulbright Scholar Focuses On Economic Development And Cooperative Security Agreements In Africa, Ub Law Forum
Visiting Fulbright Scholar Focuses On Economic Development And Cooperative Security Agreements In Africa, Ub Law Forum
UB Law Forum
No abstract provided.
Ub Law Forum Volume 29 Number 1 Fall 2014, University At Buffalo School Of Law
Ub Law Forum Volume 29 Number 1 Fall 2014, University At Buffalo School Of Law
UB Law Forum
No abstract provided.
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
The Speedy Trial Right And National Security Detentions: Critical Comments On United States V. Ghailani, Anthony O'Rourke
Journal Articles
This article reviews the decision of the United States Court of Appeals for the Second Circuit to uphold the conviction and sentence of Ahmed Khalfan Ghailani, the sole Guantánamo detainee to have been transferred to the United States for trial. Ghailani was captured nearly five years before his arraignment and argued that his constitutional right to a speedy trial was violated by the delay. The article contends that, in rejecting Ghailani’s argument, the Second Circuit distorted the doctrinal framework governing speedy trial claims and mischaracterized the interests that the speedy trial right is intended to protect. The article also explores …
Jessup Team Among The Top Student Advocates In The World, Ub Law Forum
Jessup Team Among The Top Student Advocates In The World, Ub Law Forum
UB Law Forum
No abstract provided.
Ub Law Forum Volume 28 Number 2 Spring 2014, University At Buffalo School Of Law
Ub Law Forum Volume 28 Number 2 Spring 2014, University At Buffalo School Of Law
UB Law Forum
No abstract provided.
Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana
Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana
Buffalo Human Rights Law Review
No abstract provided.
An Apology For A Pathological Brute (Reviewing Tim Jeal, Stanley: The Impossible Life Of Africa's Greatest Explorer (2007)), Makau Wa Mutua
An Apology For A Pathological Brute (Reviewing Tim Jeal, Stanley: The Impossible Life Of Africa's Greatest Explorer (2007)), Makau Wa Mutua
Book Reviews
This is a review of Tom Jeal’s Stanley: the Impossible Life of Africa’s Greatest Explorer. Although perhaps the most carefully researched of the many books of Stanley, the book suffers from its zealous attempt to absolve Stanley of his inhumanity in spite of the most extensive historical evidence of the abominations that he committed against Africans. Instead, Jeal sets out to humanize a historical monster who paved the way for many pogroms committed by the colonial hegemons in Africa. Even deep flaws of character, including self-denial, that were so evident in Stanley are either explained away or excused. The book …
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey, Makau Wa Mutua
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey, Makau Wa Mutua
Book Reviews
This review of Mary Dudziak’s hugely important book contends that the author conflates the struggle for civil rights in the United States with the struggle for black majority rule in Kenya. While the two struggles are linked by white domination and the quest for blacks to free themselves from that domination, the book fails to interrogate and contextualize the limitations of equal protection norms for minorities in two vastly different political milieus. Dudziak does not problematize Thurgood Marshall’s blind insistence that the independence Kenyan constitution accord the economically dominant and oppressive white minority in colonial Kenya the same equal protections …
Building A New Kenya: Professor Makau Mutua Works To Develop The Next Generation Of ‘Civil Society’, Ub Law Forum
Building A New Kenya: Professor Makau Mutua Works To Develop The Next Generation Of ‘Civil Society’, Ub Law Forum
UB Law Forum
No abstract provided.
Suny Distinguished Professor Makau W.Mutua Named Interim Dean Of The Law School, Ub Law Forum
Suny Distinguished Professor Makau W.Mutua Named Interim Dean Of The Law School, Ub Law Forum
UB Law Forum
No abstract provided.
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua
Journal Articles
This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …
Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua
Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua
Buffalo Human Rights Law Review
No abstract provided.
Rights Integration In An Institutional Context: The Experience Of The Kenya Human Rights Commission, Willy Mutunga, Alamin Mazrui
Rights Integration In An Institutional Context: The Experience Of The Kenya Human Rights Commission, Willy Mutunga, Alamin Mazrui
Buffalo Human Rights Law Review
No abstract provided.
Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Wa Mutua
Savages, Victims, And Saviors: The Metaphor Of Human Rights, Makau Wa Mutua
Journal Articles
This article critically looks at the human rights project as a damning three-dimensional metaphor that exposes multiple complexes. It argues that the grand narrative of human rights contains a subtext which depicts an epochal contest pitting savages, on the one hand, against victims and saviors, on the other. The savages-victims-saviors (SVS) construction lays bare some of the hypocrisies of the human rights project and asks human rights thinkers and advocates to become more self-reflective. The piece questions the universality and cultural neutrality of the human rights project. It calls for the construction of a truly universal human rights corpus, one …
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua
Justice Under Siege: The Rule Of Law And Judicial Subservience In Kenya, Makau Wa Mutua
Journal Articles
The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.
The African Human Rights System: A Critical Evaluation, Makau Wa Mutua
The African Human Rights System: A Critical Evaluation, Makau Wa Mutua
Other Scholarship
No abstract provided.
Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua
Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua
Journal Articles
This article contends that international law, like national law, is captive to the racial biases and hierarchies that hide injustice under the pretext of legal neutrality and universality. It argues that international law is tormented by racist and hegemonic asymmetries that govern the international order. The piece posits that international law could benefit greatly from the method of critical race theory in unpacking the pathologies of power and race that define it. It focuses on the use of international law to conceive and buttress the exploitation and marginalization of the North by the South. It calls for a reconstruction of …
Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky
Women's Political Participation In Developing And Democratizing Countries: Focus On Zimbabwe, Stacy R. Sandusky
Buffalo Human Rights Law Review
No abstract provided.
The African Human Rights Court: A Two-Legged Stool?, Makau Wa Mutua
The African Human Rights Court: A Two-Legged Stool?, Makau Wa Mutua
Journal Articles
This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.
Looking Past The Human Rights Committee: An Argument For De-Marginalizing Enforcement, Makau Wa Mutua
Looking Past The Human Rights Committee: An Argument For De-Marginalizing Enforcement, Makau Wa Mutua
Journal Articles
No abstract provided.
Trial By Fire: The Education Of Makau Mutua, Ub Law Forum
Trial By Fire: The Education Of Makau Mutua, Ub Law Forum
UB Law Forum
No abstract provided.
David Engel To Lead Law & Society Association, Ub Law Forum
David Engel To Lead Law & Society Association, Ub Law Forum
UB Law Forum
No abstract provided.
Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua
Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua
Journal Articles
This article is a critique of the struggle to end apartheid in South Africa. It explores the assumptions employed by the African National Congress and the international community to construct a post-apartheid society. It argues that the reliance on the law as the key medium for economic, social, and political change was insufficient to transform the legacy of apartheid. Instead, the piece contends that apartheid was privatized and its beneficiaries protected under the new dispensation. It makes the argument that the lot of the black majority is unlikely to be changed such gradualist approach to social change.
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua
Book Reviews
Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).
The Ideology Of Human Rights, Makau Wa Mutua
The Ideology Of Human Rights, Makau Wa Mutua
Journal Articles
This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …
Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire
Power Ethnicized: The Pursuit Of Protection And Participation In Rwanda And Burundi, Linda Maguire
Buffalo Journal of International Law
No abstract provided.
Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua
Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua
Book Reviews
Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.
The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua
The Banjul Charter And The African Cultural Fingerprint: An Evaluation Of The Language Of Duties, Makau Wa Mutua
Journal Articles
No abstract provided.
Why Redraw The Map Of Africa: A Legal And Moral Inquiry, Makau Wa Mutua
Why Redraw The Map Of Africa: A Legal And Moral Inquiry, Makau Wa Mutua
Journal Articles
This article questions the legitimacy of the African state and the imperial cartography on which it is based. It argues that African states are conceptually faulty because they are the crude and thoughtless handiworks of European colonial powers. It is the artificiality of the African state that has been responsible for its failure to cohere into a nation that is viable. The piece argues for geographic and normative re-articulation of the African state - by smashing the current states - to endow them with moral, political, and legal legitimacy. It concludes that democratic entities are unlikely to develop where pre-colonial …