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Articles 1 - 30 of 46
Full-Text Articles in Law
Sleep: A Human Rights Issue, Clark J. Lee
Sleep: A Human Rights Issue, Clark J. Lee
Homeland Security Publications
Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …
Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker
Maryland Journal of International Law
No abstract provided.
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Intellectual Property And Public Health – A White Paper, Ryan G. Vacca, James Ming Chen, Jay Dratler Jr., Thomas Folsom, Timothy S. Hall, Yaniv Heled, Frank A. Pasquale, Elizabeth A. Reilly, Jeffery Samuels, Katherine J. Strandburg, Kara W. Swanson, Andrew W. Torrance, Katharine A. Van Tassel
Faculty Scholarship
On October 26, 2012, the University of Akron School of Law’s Center for Intellectual Property and Technology hosted its Sixth Annual IP Scholars Forum. In attendance were thirteen legal scholars with expertise and an interest in IP and public health who met to discuss problems and potential solutions at the intersection of these fields. This report summarizes this discussion by describing the problems raised, areas of agreement and disagreement between the participants, suggestions and solutions made by participants and the subsequent evaluations of these suggestions and solutions. Led by the moderator, participants at the Forum focused generally on three broad …
Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos
Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos
Maryland Law Review
No abstract provided.
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Human Rights And The Evolution Of Global Environmental Law, Robert V. Percival
Faculty Scholarship
Environmental problems that jeopardize the health of humans increasingly implicate concerns that have played an important role in the development of international human rights. While some have questioned the wisdom or effectiveness of focusing human rights concerns on environmental problems, it seems an inevitable response to the failure of many countries to protect their citizens adequately from harm caused by environmental degradation. This paper reviews efforts to apply human rights concerns to environmental problems. It describes how these developments illustrate the growth of a kind of “global environmental law” that blurs traditional distinctions between domestic and international law and public …
The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel
Maryland Journal of International Law
No abstract provided.
Competing Paradigms? The Use Of Dna Powers In Youth Justice, Liz Campbell
Competing Paradigms? The Use Of Dna Powers In Youth Justice, Liz Campbell
Faculty Scholarship
Collecting deoxyribonucleic acid (DNA) from crime scenes and individuals is now regarded as a critical element of effective criminal investigation and prosecution. Numerous benefits are said to accrue from the gathering and comparison of DNA evidence: suspects may be speedily identified, innocent parties ruled out, the wrongfully convicted exonerated and some would-be criminal actors deterred. Retention of DNA in state controlled databases allows for speculative searching to identify subsequent offending and to provide leads for unsolved crimes. The collection and retention of convicted adults’ DNA has been held by European and US courts to be a proportionate incursion on human …
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
Maryland Journal of International Law
No abstract provided.
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
Schmooze 'tickets'
No abstract provided.
Behrami V. France: An Unfortunate Step Backwards In The Protection Of Human Rights, Sadia R. Sorathia
Behrami V. France: An Unfortunate Step Backwards In The Protection Of Human Rights, Sadia R. Sorathia
Maryland Journal of International Law
No abstract provided.
Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard
Collateral Consequences Of Criminal Convictions: Confronting Issues Of Race And Dignity, Michael Pinard
Faculty Scholarship
This article explores the racial dimensions of the various collateral consequences that attach to criminal convictions in the United States. The consequences include ineligibility for public and government-assisted housing, public benefits and various forms of employment, as well as civic exclusions such as ineligibility for jury service and felon disenfranchisement. To test its hypothesis that these penalties, both historically and contemporarily, are rooted in race, the article looks to England and Wales, Canada and South Africa. These countries have criminal justice systems similar to the United States’, have been influenced significantly by United States’ criminal justice practices in recent years, …
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
International & Comparative Law Colloquium Papers
Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issuegender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality if its scope remains limited …
A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks
A Few Random Thoughts About Socio-Economic "Rights" In The United States In Light Of The 2008 Financial Meltdown, Taunya Lovell Banks
Maryland Journal of International Law
Socio-economic rights, first articulated in the Universal Declaration of Human Rights (UDHR) sixty years ago, are regaining currency. Legal practitioners around the world, emboldened by emerging constitutional democracies in Eastern Europe and South Africa that constitutionalized socio-economic rights, are actively seeking to enforce these rights. The UDHR "reaffirm [ed] faith in fundamental human rights, in the dignity and worth of the human person," and served as the basis for the International Covenant on Economic, Social and Cultural Rights (ICESCR). Among those rights included in the Covenant are housing, food, and healthcare.
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss
Maryland Journal of International Law
No abstract provided.
Like A Virgin? Virginity Testing As Hiv/Aids Prevention: Human Rights Universalism And Cultural Relativism Revisited, Erika George
Like A Virgin? Virginity Testing As Hiv/Aids Prevention: Human Rights Universalism And Cultural Relativism Revisited, Erika George
International & Comparative Law Colloquium Papers
No abstract provided.
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Rethinking "Effective Remedies": Remedial Deterrence In International Courts, Sonja Starr
Faculty Scholarship
One of the bedrock principles of contemporary international law is that victims of human rights violations have a right to an “effective remedy.” International courts usually hold that effective remedies must at least make the victim whole, and they sometimes adopt even stronger remedial rules for particular categories of human rights violations. Moreover, courts have refused to permit departure from these rules on the basis of competing social interests. Human rights scholars have not questioned this approach, frequently pushing for even stronger judicial remedies for rights violations. Yet in many cases, strong and inflexible remedial rules can perversely undermine human …
The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Czapanskiy, Rashida Manjoo
The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Czapanskiy, Rashida Manjoo
Faculty Scholarship
In 2006, the South African Constitutional Court found a constitutional right to participate in the legislative process in the case of Doctors for Life, Case CCT 12/05 (decided 17 August 2006). In this article, we argue that, first, legislation is better when legislators are required to invite and attend to public input, and, second, citizenship is better when legislators are required to invite and attend to public input. Doctors for Life puts South Africa on the road to improving both legislation and citizenship. In the United States, this road is largely untraveled. While rejecting traditional representative democracy as an adequate …
Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel
Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel
Women, Leadership & Equality
No abstract provided.
Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel
Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray
What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray
Faculty Scholarship
No abstract provided.
Foreword, Paula A. Monopoli
Foreword, Paula A. Monopoli
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Putting Things Into Perspective: The Realities Of Accountability In East Timor, Indonesia And Cambodia, Suzannah Linton
Putting Things Into Perspective: The Realities Of Accountability In East Timor, Indonesia And Cambodia, Suzannah Linton
Maryland Series in Contemporary Asian Studies
No abstract provided.
Unfilfilled Promises: Achieving Justice For Crimes Against Humanity In East Timor, Kelly Askin, Stefanie Frease, Sonja Starr
Unfilfilled Promises: Achieving Justice For Crimes Against Humanity In East Timor, Kelly Askin, Stefanie Frease, Sonja Starr
Faculty Scholarship
No abstract provided.
Human Rights, Humanitarian Law And The "War On Terrorism" In Afghanistan, Peter G. Danchin
Human Rights, Humanitarian Law And The "War On Terrorism" In Afghanistan, Peter G. Danchin
Faculty Scholarship
No abstract provided.
The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable
The Human Rights Of Persons With Mental Disabilities: A Global Perspective On The Application Of Human Rights Principles To Mental Health, Lawrence O. Gostin, Lance Gable
Maryland Law Review
No abstract provided.
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman
Faculty Scholarship
No abstract provided.
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin
Faculty Scholarship
No abstract provided.
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin
Faculty Scholarship
No abstract provided.