Law Commons^™

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.

Reparations: A Comparative Perspective, Fernanda G. Nicola

Articles in Law Reviews & Other Academic Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …

Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

The author uses the case of Colombia, a country with which the inter-American human rights system has dealt in the last twenty-five years, as an example to try to illustrate how the Inter-American Human Rights Commission and Inter-American Court for Human Rights have balanced the issue of remedies and reparations with the difficult task of repairing gross and systematic violations. The case of Colombia provides some insight on how international mechanisms are implemented in this region and, particularly, how some of Colombia’s official institutions and non-governmental organizations are trying to engage in a dialogue at the international level in order …

Reparations: A Remedies Law Perspective, Darren L. Hutchinson

Articles in Law Reviews & Other Academic Journals

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Reports

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …

Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey

Human Rights Brief

No abstract provided.

La Jurisprudencia De La Corte Interamericana De Derechos Humanos En Materia De Reparaciones Y Los Criterios Del Proyecto De Articulos Sobre Responsibilidad Del Estado Por Hecho Internacionalmente Illicitos, Julio Joe Rojas Baez

American University International Law Review

No abstract provided.

Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing Reparations In International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Protection Of Religious Minorities In Europe: The Council Of Europe's Successes And Failures., Lauren C. Baillie

American University International Law Review

No abstract provided.

The Un Disability Convention: Historic Process, Strong Prospects, And Why The U.S. Should Ratify, Tara J. Melish

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams

Human Rights Brief

No abstract provided.

International Legal Updates, Natalie Huls, Art Steele, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen, Solomon Shinerock

Human Rights Brief

No abstract provided.

Pursuit Of A Rights-Based Approach To Migration: Recent Developments At The Un And The Inter-American System, Sarah Paoletti

Human Rights Brief

No abstract provided.

Fencing Out The Neighbors: Legal Implications Of The U.S.-Mexico Border Security Fence, Marta Tavares

Human Rights Brief

No abstract provided.

Unlocking The Doors To Justice: Protecting The Rights And Remedies Of Domestic Workers In The Face Of Diplomatic Immunity, Amy Tai

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Las Reparaciones En El Derecho Internacional De Los Derechos Humanos, Derecho Internacional Humanitario Y Derecho Penal Internacional, Juan Pablo Perez-Leon Acevedo

American University International Law Review

No abstract provided.

The Law Of Remedies And The Clean Hands Doctrine: Exclusionary Reparation Policies In Peru's Political Transition, Lisa Laplante

American University International Law Review

No abstract provided.

Dissuasive Measures And The "Society As A Whole": A Working Theory Of Reparations In The Inter-American Court Of Human Rights, Judith Schonsteiner

American University International Law Review

No abstract provided.

Algunas Reflexiones Entorno A La Reparacion Por Satisfaccion Ante Violaciones De Normas De Proteccion De Derechos Humanos Y Su Relacion Con La Teoria General De La Responsibilidad Internacional Del Estado, Luis A. Lopez Zamora

American University International Law Review

No abstract provided.

The Doctrine Of The Inter-American Court Of Human Rights Regarding States' Duty To Punish Human Rights Violations And Its Dangers, Fernando Felipe Basch

American University International Law Review

No abstract provided.

Business & Human Rights Law: Diverging Trends In The United States And France, Anna Triponel

American University International Law Review

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.

The essay defends the concept of counterterrorism …

American Husbandry: Legal Norms Impacting The Production Of (Re)Productivity, Camille Nelson

Articles in Law Reviews & Other Academic Journals

This article concentrates on the normative legal structure that established complete control over female slaves by sanctioning their subjugation to further slaveholders’ profit maximization and social domination. The criminal law sanctioned the rape of slave women, and the legal doctrine of partus sequitur ventrem mandated that the legal status of children born to slave women was determined by the mother’s legal status. The slave master derived an economic benefit from ensuring slave women had as many children as possible. This system ensured that slave women held no legally protected autonomy over their own bodies or over their own offspring.

Such …

Inter-American Commission On Human Rights To Hold Hearing After Rejecting Inuit Climate Change Petition, Jessica Gordon

Sustainable Development Law & Policy

No abstract provided.

Update On The Environmental And Legal Consequences Of The Recent Lebanon-Israel War, Salah Husseini

Sustainable Development Law & Policy

No abstract provided.

Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing Reparations In International Human Rights Law: Prologue, Claudio Grossman

American University International Law Review

No abstract provided.

Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

No abstract provided.