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Articles 331 - 360 of 391
Full-Text Articles in Law
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Lena Olive Smith: A Minnesota Civil Rights Pioneer, Ann Juergens
Faculty Scholarship
Lena Olive Smith and the National Association for the Advancement of Colored People (NAACP) created a spirited partnership in the public interest during the 1920s and 1930s. Throughout their long collaboration, this woman lawyer, her clients, and the Minneapolis branch of a national grassroots organization faced similar challenges: to stay solvent, to end segregation and increase equality, and to live with dignity. This article is divided into four sections. The first three roughly correspond with stages in Smith’s life and work. Part II briefly chronicles Smith’s first thirty six years, 1885 to 1921, as a single African-American woman in the …
Terrorism And Human Rights, Michael E. Tigar
Terrorism And Human Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Expedited Removal, Karen Musalo
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States Social Movements And Law Reform, Catherine Powell
Faculty Scholarship
Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …
The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist
The Optional Protocol To The Women's Convention: An Argument For Ratification, Heidi Gilchrist
Faculty Scholarship
No abstract provided.
European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer
European Court Of Human Rights Case Comments, ‘Salgueiro Da Silva Moutav’ And ‘A.D.T. V. United Kingdom’, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Faculty Scholarship
In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …
Forward To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram
Forward To Amicus Brief On The Status Of Palestinian Refugees Under International Refugee Law, Guy Goodwin-Gill, Susan M. Akram
Faculty Scholarship
Palestinian refugees have a status that is unique under international refugee law. Unlike any other group or category of refugees in the world, Palestinians are singled out for exceptional treatment in the major international legal instruments which govern the rights and obligations of states towards refugees: the 1951 Geneva Convention Relating to the Status of Refugees and its 1967 Protocol; the Statute of the United Nations High Commissioner for Refugees; and, specifically with regard to the Palestinians, the Regulations governing the mandate of the United Nations Relief and Works Agency for Palestinian Refugees in the Near East. Almost all states …
Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel
Recommendations For Durable Solutions For Palestinian Refugees: A Challenge To The Oslo Framework, Susan M. Akram, Terry Rempel
Faculty Scholarship
I. Introduction ...................................................................................................... 2 II. International Legal Framework and the Palestinian Refugees .................... 9 A. The International Scheme of Refugee Protection and Protection of Stateless Persons .................................................................................................... 9
B. The Regime for Protection of Palestinian Refugees - Three Provisions and Three Agencies ......................................................................... 16
C. The Standard Interpretation of the Provisions Applying to the Status of Palestinian Refugees and Stateless Persons, and their Ramifications ........................................................................................................... 22
D. Reinterpreting the Provisions Based on Plain Language ....................... 27
E. Reinterpreting the Provisions in Light of the Drafting History and their Scope and Purpose ..................................................................................... 31 III. Durable Solutions and Palestinian Refugees ........................................... …
From Nation State To Failed State: International Protection From Human Rights Abuses By Non-State Agents, Jennifer Moore
From Nation State To Failed State: International Protection From Human Rights Abuses By Non-State Agents, Jennifer Moore
Faculty Scholarship
In her seminal 1951 work The Origins of Totalitarianism, the political philosopher Hannah Arendt examined historical developments in Europe during the period between the two World Wars and declared that "the transformation of the state from an instrument of the law into an instrument of the nation had been completed." While Arendt focused on threats to individual and minority rights posed by the repressive "nation-state," her critique also identified the complicity of an international legal system that accorded undue deference to sovereign prerogative. The collapse of the League of Nations, the ascendancy of the Nazi Party in Germany, and the …
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
All The Difference In The World: Listening And Hearing The Voices Of Women, Phoebe A. Haddon
Faculty Scholarship
No abstract provided.
Markets And Women's International Human Rights, Elizabeth M. Schneider
Markets And Women's International Human Rights, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
Forum Shopping For Human Rights, Laurence R. Helfer
Forum Shopping For Human Rights, Laurence R. Helfer
Faculty Scholarship
The article analyzes a growing trend in international human rights law: the submission of petitions by aggrieved individuals to multiple human rights courts, tribunals, or treaty bodies, each of which is authorized to review the petition and to determine whether the individuals? rights have been violated. Most commentators have viewed this practice of "forum shopping for human rights" as a danger to be avoided. This article questions that conventional wisdom and offers in its place a re-envisioning of the human rights petition system. Although efficiency, finality and other concerns weigh against some varieties of duplicative review, this article argues that …
Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin
Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin
Faculty Scholarship
Many of our most important human rights documents are the product of the world's horror during the carnage of World War II. The broadest and most powerful declaration of human rights, the Universal Declaration of Human Rights, was adopted by the membership of the new United Nations in 1948. But there are also much more specific statements of the world's aspirations for all of its inhabitants. August 1997 marked the 50th anniversary of the conclusion of the trial of Nazi physicians at Nuremberg, a trial which has been variously designated as the "Doctors' Trial" and the "Medical Case."2 In …
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz
Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz
Faculty Scholarship
The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore
Faculty Scholarship
This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …
Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins
Faculty Scholarship
The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …
Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell
Faculty Scholarship
As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout
Faculty Scholarship
The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.
Concretizing Human Rights, Laurence R. Helfer
Concretizing Human Rights, Laurence R. Helfer
Faculty Scholarship
reviewing Francisco Forest Martin et al., International Human Rights Law and Practice: Cases, Treaties and Materials (1997)
The Foreign Sovereign Immunities Act And Human Rights Violations: One Step Forward, Two Steps Back?, Naomi Roht-Arriaza
The Foreign Sovereign Immunities Act And Human Rights Violations: One Step Forward, Two Steps Back?, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
The Developing Jurisprudence On Amnesty, Naomi Roht-Arriaza, Lauren Gibson
The Developing Jurisprudence On Amnesty, Naomi Roht-Arriaza, Lauren Gibson
Faculty Scholarship
No abstract provided.
Truth Commissions And Amnesties In Latin America: The Second Generation, Naomi Roht-Arriaza
Truth Commissions And Amnesties In Latin America: The Second Generation, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Marriage Contracts And The Family Economy, Katharine B. Silbaugh
Faculty Scholarship
One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …
Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas
Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas
Faculty Scholarship
War, famine, pestilence, and poverty have had obvious and devastating effects on health throughout human history. In recent times, human rights have come to be viewed as essential to freedom and individual development. But it is only since the end of World War II that the link between human rights and these causes of disease and death has been recognized.1-3 The 50th anniversary of the Universal Declaration of Human Rights — signed on December 10, 1948 — provides an opportunity to review its genesis, to explore the contemporary link between health and human rights, and to develop effective human-rights …
Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant
Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant
Faculty Scholarship
No abstract provided.
Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore
Restoring The Humanitarian Character Of U.S. Refugee Law: Lessons From The International Community, Jennifer Moore
Faculty Scholarship
This response essay will first characterize UNHCR's role in the international protection of refugees, as a means of assessing the relevance of UNHCR's perspective to U.S. judicial decision-making in the area of asylum. The paper will then respond to each of the three problematic issues which Professor Fitzpatrick identifies in contemporary U.S. asylum law, by presenting, in each case, a broad proposition of international law which will then be substantiated with reference to relevant principles, guidelines and insights from the international refugee protection community of which UNHCR is a part. Finally, the essay's conclusion will offer a possible rationale for …
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Faculty Scholarship
No abstract provided.
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Faculty Scholarship
No abstract provided.