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Articles 1 - 30 of 146
Full-Text Articles in Law
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
William & Mary Bill of Rights Journal
No abstract provided.
Suppressing The Incriminating Statements Of Foreigners, John Quigley
Suppressing The Incriminating Statements Of Foreigners, John Quigley
William & Mary Bill of Rights Journal
No abstract provided.
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore
William & Mary Bill of Rights Journal
No abstract provided.
Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell
Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell
Vanderbilt Law Review
One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.
As an immediate consequence, that movement …
With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack
With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack
Vanderbilt Law Review
It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Vanderbilt Law Review
On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.
The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …
Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt
Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt
Vanderbilt Law Review
In offering a form of civil redress to the victims of international human rights violations, litigation under the Alien Tort Statute ("ATS") has come to reflect in microcosm the ways that international law and practice have changed in the last half century. Specifically, the successful ATS cases since the Second Circuit's seminal decision in Fildrtiga v. Peia-Irala illustrate the blurring of certain structural distinctions that had long given international law its characteristic shape, especially the distinctions between public and private international law, between treaties and custom, between state and nonstate actors, between international and domestic law, and between lex lata …
Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman
Human Rights & Human Welfare
A review of:
Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.
Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio
Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio
William & Mary Environmental Law and Policy Review
No abstract provided.
Placing Blame Where Blame Is Due: The Culpability Of Illegal Armed Groups And Narcotraffickers In Colombia's Environmental And Human Rights Catastrophes, Luz E. Nagle
William & Mary Environmental Law and Policy Review
No abstract provided.
The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari
The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari
Buffalo Public Interest Law Journal
No abstract provided.
The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui
The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui
Buffalo Human Rights Law Review
No abstract provided.
Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton
Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton
Buffalo Human Rights Law Review
No abstract provided.
The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal
The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal
Buffalo Human Rights Law Review
No abstract provided.
The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt
The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt
Buffalo Human Rights Law Review
No abstract provided.
Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini
Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini
Buffalo Human Rights Law Review
No abstract provided.
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.
Aspirational Law, Philip Harvey
From A State-Centered Approach To Transnational Openness: Adapting The Hague Convention With Contemporary Human Rights Standards As Codified In The Convention Of The Rights Of The Child, Allison M. Scott
Indiana Journal of Global Legal Studies
No abstract provided.
John D. Becker On Islam, Liberalism, And Human Rights: Implications For International Relations By Katerina Dalacoura (Revised Edition). London: I.B. Tauris, 2003. 248pp., John D. Becker
Human Rights & Human Welfare
A review of:
Islam, Liberalism, and Human Rights: Implications for International Relations by Katerina Dalacoura (revised edition). London: I.B. Tauris, 2003. 248pp.
Creating Hope For Child Victims Of Domestic Violence In Political Asylum Law, Annette Lopez
Creating Hope For Child Victims Of Domestic Violence In Political Asylum Law, Annette Lopez
University of Miami Inter-American Law Review
No abstract provided.
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Inadequate Housing, Israel, And The Bedouin Of The Negev, Tawfiq S. Rangwala
Osgoode Hall Law Journal
This article examines Israel's treatment of its Arab Bedouin citizens living in the Negev desert through the lens of the international human right to adequate housing. The Negev Bedouin, an agrarian indigenous community, is the most socially, politically and economically disadvantaged segment of the Arab minority in Israel. Their precarious situation is rooted primarily in Israeli land planning pursuits that have ignored Bedouin land claims in favor of settlement programs reserved exclusively for the majority population. This article documents the manner in which the overarching legal and political character of the state has led to the development of a legislative, …
State Sovereignty And Human Rights, Jack Donnelly
State Sovereignty And Human Rights, Jack Donnelly
Human Rights & Human Welfare
Sovereignty and human rights typically are seen as fundamentally opposed: the rights of states pitted against the rights of individuals; 1648 (the Peace of Westphalia) versus 1948 (the Universal Declaration of Human Rights).
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the …
Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock
Kathleen J. Hancock On Human Rights: International Protection, Monitoring, Enforcement By Janusz Symonides. Burlington, Vt: Ashgate Publishing, 2004. 416pp., Kathleen J. Hancock
Human Rights & Human Welfare
A review of:
Human Rights: International Protection, Monitoring, Enforcement by Janusz Symonides. Burlington, VT: Ashgate Publishing, 2004. 416pp.
Respecting, Protecting And Fulfilling Economic And Social Rights: A Un Security Council?, William Felice
Respecting, Protecting And Fulfilling Economic And Social Rights: A Un Security Council?, William Felice
Human Rights & Human Welfare
Prepared for presentation at the 2004 International Studies Association Convention. Montreal Quebec, Canada. March 17 – 20, 2004.
Please do not cite this draft manuscript without permission from the author.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken …
Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer
Human Rights And The Neo-Conservative Project: What’S Not To Like?, Tom J. Farer
Human Rights & Human Welfare
Hegemony, as neo-cons argued in the 1990s, is not the mere possession of dominating power but also the will to use it on behalf of a coherent project. In the Clinton years, hegemony was only latent. The catastrophe of September 2001 created the circumstances in which it could be made real. To what end? There is not yet a single comprehensive statement of the neoconservative project and its premises.
This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not …
Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu
Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu
San Diego International Law Journal
This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato
San Diego International Law Journal
This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …