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Articles 1 - 30 of 375
Full-Text Articles in Law
Towards A New General Comment On Article 20 Of The Iccpr: Exploring The Common Ground Between Freedom Of Expression And Freedom Of Religion Through The Concept Of Freedom From Vilification: The Danish Cartoons Case, Ahmad Ali Sharief
Archived Theses and Dissertations
No abstract provided.
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
The Inter-American System And The Protection Of Indigenous Peoples’ Rights (Spanish)., Giovanna E. Gismondi
Giovanna E. Gismondi
The present article underscore the role of the Inter-American Commission and the Inter-American Court of Human Rights in regards to the protection of the rights of indigenous communities, including their right to lands, natural resources and a healthy environment. In this regard, the intervention of the human rights organs of the Organization of American States (OAS), has had a positive impact on the laws and policies of Latin American countries towards the protection of indigenous peoples' rights. The article discusses four cases that set the standards of the legal protection of indigenous communities within the Inter-American System for the protection …
گزارش مصور تجمع 18 آذر 1386 در دانشگاه تهران, Sajjad Khaksari
گزارش مصور تجمع 18 آذر 1386 در دانشگاه تهران, Sajjad Khaksari
SAJJAD KHAKSARI
تجمع بزرگ دانشجويان، دانشگاه آخرين سنگر آزادي، به دعوت دفتر تحكيم وحدت در دانشگاه تهران آغاز شد. جمعيتي بالغ بر 300 نفر در لحظات ابتدايي اين تجمع و تريبون آزاد در آن حضور يافته اند
استیضاح در دانشگاه, Sajjad Khaksari
استیضاح در دانشگاه, Sajjad Khaksari
SAJJAD KHAKSARI
استیضاح در دانشگاه؛ ۱۶ آذر ۱۳۸۶ بود که بسیجی های دانشگاه معاون فرهنگی احمدی نژاد رو دعوت کرده بودند. هی فکر می کردم آخه از این مزدور من چی می تونم بپرسم وقتی که ماهی از سر گندیده گردیده و فتنه از عمامه آقا خامنه ای منتشر! پس به جای رفتن به جلسه کذایی سوالاتم را از ارباب اون آقا نوشتم و منتشر شد زیر زمینی! تا مدت ها دست به دست بین دانشجوها و دوستان می گشت، هر چند که چندمین وبلاگ ام رو برای چندمین بار فیلتر کردند
The Man Behind The Torture, David Cole
The Man Behind The Torture, David Cole
Georgetown Law Faculty Publications and Other Works
No abstract provided.
A Study Of The Relationship Between American Evangelicals And Human Rights, Amy Rachel Timmons Stumpf
A Study Of The Relationship Between American Evangelicals And Human Rights, Amy Rachel Timmons Stumpf
Loma Linda University Electronic Theses, Dissertations & Projects
Human rights violations and abuses affect every region of the globe. The most recent Amnesty International Annual Report details violations in 149 countries. While there are no simple solutions to a problem of this magnitude and complexity, the support of powerful social groups can help in providing relief to the victims, pressure on abusive governments, legal consequences for abusers, and other resources in combating the violence that seems to chronically plague over our world. One of the most powerful groups, with tremendous social capital, is American evangelicals. Evangelicalism, even given the loose and informal organizational structures, is one of the …
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha
Paulo Ferreira da Cunha
Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.
The End(S) Of The State(?), Daniel J. Whelan
The End(S) Of The State(?), Daniel J. Whelan
Human Rights & Human Welfare
Last February, New York Times columnist Paul Krugman wrote an op-ed that anticipated Klein’s article, in part. In his view, the Bush administration has been engaged in an effort to “Green-Zone” the United States government by gutting the professional civil service—dubbed as “the enemy” by the American Enterprise Institute—and replacing its ranks with political appointees who have little interest or experience in running a state, but quite a bit of interest in enriching the private sector with public largesse. Klein’s “Disaster Capitalism” takes Krugman’s theme and pumps up the volume ten-fold.
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly
San Diego International Law Journal
This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United Kingdom's response …
If It Were Only That Simple, Katherine Gockel
If It Were Only That Simple, Katherine Gockel
Human Rights & Human Welfare
Reading “Disaster Capitalism,” one would think that the current dire situation in Iraq and the lingering effects of Hurricane Katrina are all because of an emphasis on “small” government, privatization, and partnerships with the business sector. If only it were that simple.
The Personal Side Of Disaster Capitalism, Susan Waltz
The Personal Side Of Disaster Capitalism, Susan Waltz
Human Rights & Human Welfare
Two weeks ago a tornado ripped through my small hometown in rural Michigan (population 3,500), unexpectedly providing fresh perspective on the phenomenon Naomi Klein has called “Disaster Capitalism.” While I was writing this commentary, work crews were out with chainsaws and chippers, cutting up the remains of fallen trees and clearing mountains of debris from roads and sidewalks.
Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin
Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin
All Faculty Publications
This report considers the upcoming 2010 Olympics in Vancouver in the context of Canada’s human trafficking response to date, and makes recommendations to ensure that this event showcases our best to the world – and is not a flashpoint for human trafficking.
Marten Zwanenburg On Un Peacekeeping In Lebanon, Somalia And Kosovo: Operational And Legal Issues In Practice By Ray Murphy. New York: Cambridge University Press, 2007. 392 Pp., Marten Zwanenburg
Human Rights & Human Welfare
A review of:
UN Peacekeeping in Lebanon, Somalia and Kosovo: Operational and Legal Issues in Practice by Ray Murphy. New York: Cambridge University Press, 2007. 392 pp.
Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet
Debra L. Delaet On War Crimes And Genocide, Debra L. Delaet
Human Rights & Human Welfare
A review of:
Why Not Kill Them All? The Logic and Prevention of Mass Political Murder by Daniel Chirot and Clark McCauley. Princeton University Press, 2006. 288 pp.
and
The Order of Genocide: Race, Power, and War in Rwanda by Scott Straus. Cornell University Press, 2006. 273 pp.
and
The Witnesses: War Crimes and the Promise of Justice in the Hague by Eric Stover. Philadelphia: University of Pennsylvania Press, 2005. 252 pp.
November Roundtable: Introduction
November Roundtable: Introduction
Human Rights & Human Welfare
An annotation of:
“Disaster Capitalism: The New Economy of Catastrophe” by Naomi Klein. Harper’s. October 2007.
American Capitalism - Disasterous Consequences?, Richard Falk
American Capitalism - Disasterous Consequences?, Richard Falk
Human Rights & Human Welfare
Naomi Klein’s depiction of late-capitalism as feeding off a disaster-prone planet and state-system is provocative and illuminating, even if it seems to be itself a form of “shock and awe” journalism. The great cultural critic of the 1960s, Norman O. Brown, memorably said of psychoanalysis, “[o]nly the exaggerations are valuable,” and so it might be with this critique of the dark sides of recent tendencies in world economic activity. It is notable that the book version of Klein’s article bears the title The Shock Doctrine: The Rise of Disaster Capitalism, which itself can be read as a sly admission that …
A Democratic Disaster, Michael Goodhart
A Democratic Disaster, Michael Goodhart
Human Rights & Human Welfare
Naomi Klein’s “Disaster Capitalism” paints a grim and compelling portrait of an emerging American dystopia: Large corporations making huge profits on non-bid contracts to handle the government’s response to natural and political disasters (like Katrina and Iraq). She envisions “a collective future of disaster apartheid, in which survival is determined primarily by one’s ability to pay.” The catalogue of outrages Klein supplies is enough to make even the local chamber of commerce president blush. Yet as I read her piece, I found myself angry not so much with the corporations as with my fellow citizens. How can we allow this …
Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell
Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell
Stephen Joseph Powell
States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian
Working Paper Series
Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron’s approach. In this article, Professor Magarian defends Barron’s case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics of access …
Fallibility + Unchecked Power = Trouble, C. Peter Erlinder
Fallibility + Unchecked Power = Trouble, C. Peter Erlinder
C. Peter Erlinder
No abstract provided.
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Us Policy On Small Arms Transfers: A Human Rights Perspective, Susan Waltz
Human Rights & Human Welfare
From Somalia and Afghanistan to Bosnia, Haiti, Colombia, Rwanda, Sierra Leone, Liberia and Congo, small arms and light weapons were a common feature of the human rights calamities of the 1990’s.
© Susan Waltz. All rights reserved.*
*A shorter version of this paper is published as “U.S. Small Arms Policy: Having It Both Ways,” in the Summer 2007 issue of World Policy Journal.
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 …
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Eric K. Leonard On Atrocity, Punishment, And International Law By Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 Pp., Eric K. Leonard
Human Rights & Human Welfare
A review of:
Atrocity, Punishment, and International Law by Mark A. Drumbl. New York, Cambridge University Press, 2007. 316 pp.
"I'Ll Try Anything Once": Using The Conceptual Framework Of Children's Human Rights Norms In The United States, Bernardine Dohrn
"I'Ll Try Anything Once": Using The Conceptual Framework Of Children's Human Rights Norms In The United States, Bernardine Dohrn
University of Michigan Journal of Law Reform
International human rights law provides norms, concepts, and standards of immediate and practical value to attorneys for court-involved children in the United States. The conceptual framework of the comprehensive rights of the child is broadly congruent with, or closely related to, the strongest aspects of US. constitutional law and practice. The expansive language of children's human rights offers an historic opportunity: new tools and a more comprehensive context in which to change how we think about young people in conflict with the law, children in state custody, and children in related legal settings. The challenge is to use these fresh …
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith
Project on Addressing Prison Rape - Articles
Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.
The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek
The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek
University of Michigan Journal of Law Reform
Although the U.N. Convention on the Rights of the Child has produced positive results in many countries, the United States remains one of the few nations that has not signed on to this treaty. This Essay will begin by describing the content of the treaty. This Essay will discuss the achievements, challenges, and solutions resulting from the treaty in the areas of child poverty, violence against children, and child labour. Given the positive results produced in other countries, this Essay will conclude with an invitation to the United States to join the Convention on the Rights of the Child.
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
The Logic Of Legal Remedies And The Relative Weight Of Norms: Assessing The Public Interest In The Tort Reform Debate, Irma S. Russell
Faculty Works
This article explores the background principles of consistency and proportionality in legal rules and remedies. It identifies the relative strength of the interests of individuals and the public as the key to justifying the remedies available in different areas of law. Understanding the normative guidance of particular legal rules reveals the strength of society's judgment of the interests at stake in different remedies. For example, the principle of consistency generally means that a legal doctrine applying an objective measure of one's interest must apply a like-kind measure to all interests considered, absent some explicit and justifiable basis for different formulations. …
Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter
Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter
Human Rights & Human Welfare
A review of:
Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.
Moral Relativism And Human Rights, Torben Spaak
Moral Relativism And Human Rights, Torben Spaak
Buffalo Human Rights Law Review
No abstract provided.
State Responsibility For Extraterritorial Human Rights Violations, Damira Kamchibekova
State Responsibility For Extraterritorial Human Rights Violations, Damira Kamchibekova
Buffalo Human Rights Law Review
No abstract provided.
International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet
International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet
Buffalo Human Rights Law Review
No abstract provided.