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Full-Text Articles in Law
Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall
Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall
Fordham Law Review
Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …
Measuring Transnational Human Rights, Cortelyou C. Kenney
Measuring Transnational Human Rights, Cortelyou C. Kenney
Fordham Law Review
Over the past three and a half decades, hundreds of transnational human rights civil suits—i.e., suits seeking monetary compensation for atrocities committed abroad ranging from torture and extrajudicial killing to forced labor and human trafficking—have been filed in the United States. Exhaustive qualitative research chronicles plaintiff “successes” and “failures” as defined by how frequently plaintiffs win, the magnitude of judgments and settlements they obtain, and the extent to which judgments and settlements are enforced. The prevailing wisdom is that while some cases have proven runaway successes along these axes, in general, transnational human rights suits constitute “a modest enterprise akin …
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies
Fordham Law Review
No abstract provided.
Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis
Elusive Empowerment: Compensating The Sex Trafficked Person Under The Trafficking Victims Protection Act, Theodore R. Sangalis
Fordham Law Review
Globally, hundreds of thousands-perhaps millions-are being forced or coerced into commercial sex acts. In the United States, this sex trafficking problem has become a lucrative illegal industry, and it is quickly growing. In response, Congress passed the Trafficking Victims Protection Act of 2000 (TVPA) to eradicate the industry by prosecuting the perpetrators, protecting the victims, and preventing the practice. Through several reauthorizations, one federal strategy that has emerged is compensating the victims through mandatory criminal restitution and civil remedies. Collection of restitution damages has been lacking, however, and no civil suit filed for sex trafficking survivors has reached the merits. …
To Transfer Or Not To Transfer: Identifying And Protecting Human Rights Interests In Non-Refoulment, Vijay Padmanabhan
To Transfer Or Not To Transfer: Identifying And Protecting Human Rights Interests In Non-Refoulment, Vijay Padmanabhan
Fordham Law Review
Human rights law imposes upon States an absolute duty not to transfer an individual to another State where there are substantial grounds for believing he or she will be tortured or subjected to cruel, inhuman, or degrading treatment. This protection, called non-refoulement, emanates from a theory of human rights that recognizes rights fulfillment requires States to protect those within their jurisdiction from rights violations perpetrated by third parties, including other States. Generally human rights law recognizes that resource constraints and/or competing rights restrict protection duties. But such limitations have not been recognized in the non-refoulement context. In recent years the …
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Fordham Law Review
No abstract provided.
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Keynote Address, A Community Of Reason And Rights, Harold Hongju Koh, William Michael Treanor
Fordham Law Review
No abstract provided.
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Humanity Law: A New Interpretive Lens On The International Sphere, Ruti Teitel
Fordham Law Review
No abstract provided.
Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes
Operation "Drive Out The Trash": The Case For Imposing Targeted United Nations Sanctions Against Zimbabwean Officials, Katherine Hughes
Fordham Law Review
In May 2005, representatives of President Robert Mugabe's government initiated a slum-clearance campaign entitled Operation Murambatsvina, which displaced nearly one million Zimbabweans. Using Operation Murambatsvina as a case study, this Note examines how the United Nations (U.N.) should respond to governments that violate the human rights of those living within their borders. Exploring arguments for and against the various responses available to the U.N., this Note argues that targeted sanctions are the most appropriate response to the abuses perpetrated by the Mugabe regime and offers suggestions for crafting a “smart” sanctions program.
Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti
Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti
Fordham Law Review
No abstract provided.
The Elusive Quest For Global Justice, Edward B. Foley
The Elusive Quest For Global Justice, Edward B. Foley
Fordham Law Review
No abstract provided.
Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii
Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii
Fordham Law Review
No abstract provided.
The States And International Human Rights, Peter J. Spiro
The States And International Human Rights, Peter J. Spiro
Fordham Law Review
No abstract provided.
The Evolution And Implementation Of Minority Rights, David Wippman
The Evolution And Implementation Of Minority Rights, David Wippman
Fordham Law Review
No abstract provided.
Human Rights Genealogy, Ruti Teitel
Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson
Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson
Fordham Law Review
No abstract provided.
Foreword: Human Rights And Non-Governmental Organizations On The Eve Of The Next Century, Michael Posner
Foreword: Human Rights And Non-Governmental Organizations On The Eve Of The Next Century, Michael Posner
Fordham Law Review
No abstract provided.
Asia's Activists And The Future Of Human Rights, Dinah Pokempner
Asia's Activists And The Future Of Human Rights, Dinah Pokempner
Fordham Law Review
No abstract provided.
Capabilities And Human Rights, Martha C. Nussbaum
Capabilities And Human Rights, Martha C. Nussbaum
Fordham Law Review
No abstract provided.
Sexual Harassment And Human Rights In Latin America, Gaby Oré-Aguilar
Sexual Harassment And Human Rights In Latin America, Gaby Oré-Aguilar
Fordham Law Review
No abstract provided.
Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching
Indigenous Self-Determination In An Age Of Genetic Patenting: Recognizing An Emerging Human Rights Norm, Kara H. Ching
Fordham Law Review
No abstract provided.
Sense And Nonsense About Customary International Law: A Response To Professors Bradley And Goldsmith, Gerald L. Neuman
Sense And Nonsense About Customary International Law: A Response To Professors Bradley And Goldsmith, Gerald L. Neuman
Fordham Law Review
No abstract provided.
Relief For Mandela's Children: Street Children And The Law In The New South Africa, Timothy J. Treanor
Relief For Mandela's Children: Street Children And The Law In The New South Africa, Timothy J. Treanor
Fordham Law Review
No abstract provided.
The Alien Tort Statute: International Law As The Rule Of Decision, Richard A. Conn, Jr.
The Alien Tort Statute: International Law As The Rule Of Decision, Richard A. Conn, Jr.
Fordham Law Review
No abstract provided.
Human Rights And The Law, Edward S. Dore