Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 31 - 60 of 112

Full-Text Articles in Law

The Chaplaincy Exception In International Humanitarian Law: "American-Born Cleric" Anwar Awlaki And The Global War On Terror, K. Benson Apr 2014

The Chaplaincy Exception In International Humanitarian Law: "American-Born Cleric" Anwar Awlaki And The Global War On Terror, K. Benson

Buffalo Human Rights Law Review

Anwar al-Awlaki, frequently described by the media as an "Ameri- can-born cleric," was the first American citizen to be targeted for extrajudicial assassination by the Obama administration as part of the Global War on Terror (GWOT). While there have been scholarly works considering the legality of his killing under domestic law, none have examined his status as a chaplain under International Humanita- rian Law (IHL), what this designation could mean for the legality of Anwar al-Alwaki's killing, or what his killing could mean for the GWOT in general. This paper provides a necessarily brief history of Al Qaeda in the …


Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure Sep 2012

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Buffalo Human Rights Law Review

No abstract provided.


Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana Sep 2012

Keeping The Promise: Improving Access To Socioeconomic Rights In Africa, Nsongurua J. Udombana

Buffalo Human Rights Law Review

No abstract provided.


Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl Sep 2012

Sana Crítica: The System For Weighing Evidence Utilized By The Inter-American Court Of Human Rights, Álvaro Paúl

Buffalo Human Rights Law Review

The Spanish version of the case law of the Inter-American Court of Human Rights often states that this tribunal's as- sessment of evidence is ruled by saia crilica, a notion which has received several translations in the English ver- sion of the Court's case law. This concept has a clear mean- ing in the Hispanic civil law tradition. Sana critica is a system for evaluating the weight of evidence whereby a court or tribunal is not constrained by the evidentiary rules of legal proo but must judge in accordance with the rules of logic and experience, and state the grounds …


Jurisdiction Over American Private Military Contractors: The Illusion Of A Loophole In The Law And The Reality Of No Oversight, Ryan Larose Sep 2012

Jurisdiction Over American Private Military Contractors: The Illusion Of A Loophole In The Law And The Reality Of No Oversight, Ryan Larose

Buffalo Human Rights Law Review

No abstract provided.


Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock Sep 2011

Samantar V. Yousuf: Recent Developments In The Laws Governing Civil Torture Claims In U.S. Courts, Solomon B. Shinerock

Buffalo Human Rights Law Review

No abstract provided.


"Death To Gays!" Uganda's 'One Step Forward, One Step Back' Approach To Human Rights, Tiffany M. Lebrón Sep 2011

"Death To Gays!" Uganda's 'One Step Forward, One Step Back' Approach To Human Rights, Tiffany M. Lebrón

Buffalo Human Rights Law Review

No abstract provided.


Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Joseph Powell, Patricia Camino Pérez Sep 2011

Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen Joseph Powell, Patricia Camino Pérez

Buffalo Human Rights Law Review

No abstract provided.


Human Trafficking For Begging, Iveta Cherneva Sep 2011

Human Trafficking For Begging, Iveta Cherneva

Buffalo Human Rights Law Review

Beggars are a part of the street landscape of any major city. However, many of the children and elderly women begging on the streets are forced beggars: victims of trafficking in persons who are part of a beggars ring with an organizational complexity comparable to that of a medium-size business enterprise. The present work focuses on the phenomenon of trafficking in persons for the purpose of begging, arguing for its legal conceptualization under international law. Although it is occasionally mentioned in a limited number of international reports and legal documents as a form of trafficking-related exploitation, forced begging is a …


What Should Organized Human Rights Activism In Africa Become? Contributory Insights From A Comparison Of Ngos And Labor-Led Movements In Nigeria, Obiora Chinedu Okafor Sep 2010

What Should Organized Human Rights Activism In Africa Become? Contributory Insights From A Comparison Of Ngos And Labor-Led Movements In Nigeria, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

What, if anything, might the significantly greater success of Labor-led human rights movements in Nigeria, as compared to the performance of the self-described human rights NGOs that also operate in that country, tell us about the ways to optimize organized human rights activism in Nigeria, and perhaps in the rest of the African continent? This is the central question that animates this article. After a review of the character of and modes of struggle employed by, both kinds of human rights groups, the article argues that the important institutional and conceptual differences that exist between Labor and the NGOs explain …


Reevaluating Self-Determination In A Post-Colonial World, Joshua Dilk Sep 2010

Reevaluating Self-Determination In A Post-Colonial World, Joshua Dilk

Buffalo Human Rights Law Review

No abstract provided.


In Land We Trust': The Endorois' Communication And The Quest For Indigenous Peoples' Rights In Africa, Korir Sing' Oei A., Jared Shepherd Sep 2010

In Land We Trust': The Endorois' Communication And The Quest For Indigenous Peoples' Rights In Africa, Korir Sing' Oei A., Jared Shepherd

Buffalo Human Rights Law Review

This article examines Communication 276/2003, Center for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of the Endorois Welfare Council v. Kenya, argued before the African Commission on Human and Peoples' Rights. The Endorois Communication is one of the first indigenous rights claims to be examined by an international body after the adoption of the United Nations Declaration on the Rights of Indigenous Peoples.

This article begins by placing the Communication within the context of the international indigenous rights movement. The authors then explore the Commission's historical use of Articles 60 and 61 of the African Charter …


Returning Home: The Challenge Of Repatriating Foreign Born Child Victims Of Forced Labor From India, Kathleen Kerr Sep 2010

Returning Home: The Challenge Of Repatriating Foreign Born Child Victims Of Forced Labor From India, Kathleen Kerr

Buffalo Human Rights Law Review

No abstract provided.


Overcoming Collective Action Failure In The Security Council: Would Direct Regional Representation Better Protect Universal Human Rights?, Noah Bialostozky Sep 2009

Overcoming Collective Action Failure In The Security Council: Would Direct Regional Representation Better Protect Universal Human Rights?, Noah Bialostozky

Buffalo Human Rights Law Review

No abstract provided.


Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung Sep 2009

Hanging In A Balance: Freedom Of Expression And Religion, Puja Kapai, Anne S Y Cheung

Buffalo Human Rights Law Review

When the liberty to freely express oneself is at odds with another's right to freedom of religion, we are confronted with the classic dilemma of choosing between two equally fundamental, constitutionally and internationally protected rights. The contours of the said two rights however, are far from clear. Whilst freedom of expression is not an absolute right, its limits are controversial. Equally, while it is undisputed that freedom of religion is an internationally protected human right enshrined in various international instruments, there is no comprehensive international treaty which addresses as its subject the content and extent of the right of freedom …


Rights And Duties Of Minorities In A Context Of Post-Colonial Self-Determination: Basques And Catalans In Contemporary Spain, Jorge Martínez Paoletti Sep 2009

Rights And Duties Of Minorities In A Context Of Post-Colonial Self-Determination: Basques And Catalans In Contemporary Spain, Jorge Martínez Paoletti

Buffalo Human Rights Law Review

No abstract provided.


Power And Cooperation: Understanding The Road Towards A Truth Commission, Ming Zhu Sep 2009

Power And Cooperation: Understanding The Road Towards A Truth Commission, Ming Zhu

Buffalo Human Rights Law Review

Truth commissions, usually described as a softer transitional justice alternative to trials, gained traction in academic circles following the establishment of South Africa's Truth and Reconciliation Commission. Though they are praised for their value in societal reconciliation and widely recognized for their flexibility; little is understood of their causal factors or requirements. This Article turns to this hole in the research and examines the effects of one potential causal variable, the balance of power between the warring parties. Through an in-depth examination of four case studies, El Salvador, Guatemala, Peru, and East Timor, this Article finds that truth commissions are …


Towards The Criminalization Of Dictatorship: A Draft Proposal For An International Convention On Dictatorship, Patrick J. Glen Sep 2008

Towards The Criminalization Of Dictatorship: A Draft Proposal For An International Convention On Dictatorship, Patrick J. Glen

Buffalo Human Rights Law Review

No abstract provided.


The Rule Of Law And The Politics Of Fear: Human Rights In The Twenty-First Century, Irene Zubaida Khan Sep 2008

The Rule Of Law And The Politics Of Fear: Human Rights In The Twenty-First Century, Irene Zubaida Khan

Buffalo Human Rights Law Review

No abstract provided.


Poverty And Fundamental Rights: The Justification And Enforcement Of Socio-Economic Rights By David Bilchitz, Gregory Stein Sep 2008

Poverty And Fundamental Rights: The Justification And Enforcement Of Socio-Economic Rights By David Bilchitz, Gregory Stein

Buffalo Human Rights Law Review

No abstract provided.


Tracing The Contours Of Transnational Corporations' Human Rights Obligations In The Twenty-First Century, Iris Halpern Sep 2008

Tracing The Contours Of Transnational Corporations' Human Rights Obligations In The Twenty-First Century, Iris Halpern

Buffalo Human Rights Law Review

No abstract provided.


Human Rights: A Very Short Introduction By Andrew Clapham, Elsa Hernandez Sep 2008

Human Rights: A Very Short Introduction By Andrew Clapham, Elsa Hernandez

Buffalo Human Rights Law Review

No abstract provided.


Moral Relativism And Human Rights, Torben Spaak Sep 2007

Moral Relativism And Human Rights, Torben Spaak

Buffalo Human Rights Law Review

No abstract provided.


State Responsibility For Extraterritorial Human Rights Violations, Damira Kamchibekova Sep 2007

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 Sep 2007

International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet

Buffalo Human Rights Law Review

No abstract provided.


Lipstick On A Caterpillar? Assessing The New U.N. Human Rights Council Through Historical Reflection, Balakrishnan Rajagopal Sep 2007

Lipstick On A Caterpillar? Assessing The New U.N. Human Rights Council Through Historical Reflection, Balakrishnan Rajagopal

Buffalo Human Rights Law Review

No abstract provided.


How Japan's Recent Efforts To Reduce Sex Trafficking Can Be Improved Through International Human Rights Enforcement Mechanisms: Fulfilling Japan's Global Legal Obligations, Kerry E. Yun Sep 2007

How Japan's Recent Efforts To Reduce Sex Trafficking Can Be Improved Through International Human Rights Enforcement Mechanisms: Fulfilling Japan's Global Legal Obligations, Kerry E. Yun

Buffalo Human Rights Law Review

No abstract provided.


The Kurds In Turkey: Eu Accession And Human Rights, Khurram Khan Sep 2007

The Kurds In Turkey: Eu Accession And Human Rights, Khurram Khan

Buffalo Human Rights Law Review

Book review of Kerim Yildiz's The Kurds in Turkey: EU Accession and Human Rights


Race Against Time, Sarah Feor Sep 2007

Race Against Time, Sarah Feor

Buffalo Human Rights Law Review

Book review of Stephen Lewis' Race Against Time


Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel Sep 2006

Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel

Buffalo Human Rights Law Review

No abstract provided.