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Articles 91 - 99 of 99
Full-Text Articles in Arts and Humanities
Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis
Embracing Complexity : Human Rights In Critical Race Feminist Perspective, Hope Lewis
Hope Lewis
Although the voices of "women of all colors" have furthered the goals and norms of feminist human rights scholarship, the voices of women of color and Third World women have often been rejected, ignored, or otherwise made invisible. Critical Race Feminist and other multicultural approaches to legal scholarship attempt to unite such voices and reveal their experiences and perspectives in feminist human rights discourse. This Article hypothesizes that Critical Race Feminist will make important contributions to the overall international human rights agenda. It identifies four common themes in a feminist multicultural approach to human rights scholarship: (1) the recognition that …
Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning
Cleaning Our Own House : "Exotic" And Familiar Human Rights Violations, Hope Lewis, Isabelle Gunning
Hope Lewis
Women's human rights activism in the United States tend to highlight human rights violations of women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers, while ignoring internal human rights abuses. This Article focuses on the events surrounding a recent U.S. gender asylum case involving Fauziya Kassindja, a young asylee from Togo, in an attempt to demonstrate the irony of American complacency about the status of the United States as a haven for the protection of human rights. Ms. Kassindja, and other immigrants and asylum-seekers, were subjected to degradation and abuse--in the …
Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Global Intersections : Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis
Hope Lewis
Although there have been great strides in feminist human rights efforts in developing methods to prevent domestic violence and other forms of "private" violence against women, feminists still have far to go. For instance, feminists have only recently begun to acknowledge that physical, social, and economic violence against women, especially poor women of color, is perpetuated in part by top-down globalization. This Article demonstrates how Critical Race Feminist analysis, a set of approaches to legal scholarship rooted in feminist and anti-racist critical traditions, reconceptualizes the human rights problems facing Black women who migrate between the United States and Jamaica. Like …
Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis
Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis
Hope Lewis
“Irua,” or female genital surgery (“FGS”), involves the most private aspects of individual female physical and cultural identity. Yet, the health risks caused by FGS raised concern in cultures in which FGS is not traditionally practiced. There has been extensive dialogue regarding the implications of FGS for cross-cultural feminist approaches to human rights. This Article examines the controversy over FGS terminology as it reflects more complex debates over FGS as a violation of international human rights. It further assesses the reasons offered to justify Western feminists’ participation in cross-cultural strides to address FGS through human rights law. In addition, the …
Inflated Interpretation And Hollow Hermeneutics, Barry Hoffmaster
Inflated Interpretation And Hollow Hermeneutics, Barry Hoffmaster
C. Barry Hoffmaster
No abstract provided.
Understanding Judicial Discretion, Barry Hoffmaster
Understanding Judicial Discretion, Barry Hoffmaster
C. Barry Hoffmaster
The main aim of this paper is to clarify the dispute over judicial discretion by distinguishing the different senses in which claims about judicial discretion can be understood and by examining the arguments for these various interpretations. Three different levels of dispute need to be recognized. The first concerns whether judges actually do exercise discretion, the second involves whether judges are entitled to exercise discretion, and the third is about the proper institutional role of judges. In this context, the views of Dworkin, Raz, Perry, Greenawalt, and Sartorius are examined. Finally, it is suggested that a resolution of the judicial …
A Holistic Approach To Judicial Justification, Barry Hoffmaster
A Holistic Approach To Judicial Justification, Barry Hoffmaster
C. Barry Hoffmaster
No abstract provided.
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Assuring "Detached But Passionate Investigation And Decision": The Role Of Guardians Ad Litem In Saikewicz-Type Cases, Charles Baron
Charles H. Baron
The author focuses this Article upon the aspect of the Saikewicz decision which determines that the kind of "proxy consent" question involved in that case required for its decision "the process of detached but passionate investigation and decision that forms the ideal on which the judicial branch of government was created." This aspect of the decision has drawn much criticism from the medical community on the ground that it embroils what doctors believe to be a medical question in the adversarial processes of the court system. The author criticizes the decision from an entirely opposite perspective, arguing that the court's …
Professor Hart On Legal Obligation, Barry Hoffmaster
Professor Hart On Legal Obligation, Barry Hoffmaster
C. Barry Hoffmaster
No abstract provided.