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Articles 1 - 5 of 5

Full-Text Articles in Law

Torture, With Apologies, Thomas P. Crocker Feb 2008

Torture, With Apologies, Thomas P. Crocker

Faculty Publications

No abstract provided.


Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein Jan 2008

Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein

Faculty Publications

No abstract provided.


Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin Jan 2008

Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin

Faculty Publications

No abstract provided.


Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf Jan 2008

Tainted Provenance: When, If Ever, Should Torture Evidence Be Admissible, Michael P. Scharf

Faculty Publications

Written by a consultant to the United Nation's newly established Cambodia Genocide Tribunal, "Tainted Provenance" examines one of the most important legal questions that will face the Tribunal as it begins its trials next year -- whether evidence of the Khmer Rouge command structure that came from interrogation sessions at the infamous Tuol Sleng torture facility should be considered notwithstanding the international exclusionary rule for evidence procured by torture. The issue of whether there should be exceptions to the torture evidence exclusionary rule (and how those exceptions should be crafted to avoid abuse) has significant implications beyond the international tribunal, …


The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein Jan 2008

The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein

Faculty Publications

This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …