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Articles 31 - 60 of 101
Full-Text Articles in Law
Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner
Panel I--The Process Of And Obstacles To United States Ratification Of International Human Rights Instruments, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont
Pace International Law Review
The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack
Georgia Journal of International & Comparative Law
No abstract provided.
Hammering Down Nails, Scott M. Lenhart
Hammering Down Nails, Scott M. Lenhart
Georgia Journal of International & Comparative Law
No abstract provided.
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Dead Man's Hand: Reshuffling Foreign Sovereign Immunities In U.S. Human Rights Litigation, David J. Bederman
Georgia Journal of International & Comparative Law
No abstract provided.
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
The Relevance Of Customary International Norms To The Death Penalty In The United States, Joan Fitzpatrick
Georgia Journal of International & Comparative Law
No abstract provided.
Germany V. United States In The International Court Of Justice: An International Battle Over The Interpretation Of Article Thirty-Six Of The Vienna Convention On Consular Relations And Provisional Measures Orders, Stephanie Baker
Georgia Journal of International & Comparative Law
No abstract provided.
Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione
Is There A Right To Die?: A Comparative Study Of Three Societies (Australia, Netherlands, United States), Lara L. Manzione
Georgia Journal of International & Comparative Law
No abstract provided.
The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet
The Exceptional Absence Of Human Rights As A Principle In American Law, Mugambi Jouet
Pace Law Review
Compared to other Western democracies, references to “human rights” are rare in domestic American law. A survey of landmark Supreme Court cases reveals that both conservative and liberal Justices made no mention of “human rights” when addressing fundamental questions: racial segregation, the death penalty, prisoners’ rights, women’s rights, children’s rights, gay rights, and indefinite detention at Guantanamo. This absence illustrates a broader societal trait. In the United States, “human rights” commonly evoke foreign problems like abuses in Third World dictatorships—not domestic problems. By contrast, human rights play a relatively important role as a domestic principle in Europe, Canada, Australia, and …
Men, Women And Children For Sale: The Dichotomy Of Human Trafficking In The United States And Abroad, Elizabeth Kolbe
Men, Women And Children For Sale: The Dichotomy Of Human Trafficking In The United States And Abroad, Elizabeth Kolbe
Journal of Undergraduate Research at Minnesota State University, Mankato
Living in Thailand in 2005 opened my eyes to the real plight of exploited peoples around the world. I was able to experience first-hand the economic and social issues facing potential victims of human trafficking. According to Anti-Slavery International, there are an estimated 200 million people being held in slavery worldwide. Approximately 800,000 people per year are being trafficked across international borders and forced into slavery. Like most Americans, I believed this is a horrible problem facing only people of developing countries. Last year I heard Chong Kim describe her traumatizing experience of being trafficked within the United States. Over …
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Touro Law Review
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil
United States V. Lopez-Velasquez: What Is A "Reasonable Possibility" Of Apparent Eligibility For Relief From Deportation?, Kristina M. Seil
Golden Gate University Law Review
Modern deportation procedure is circumscribed by regulations intended to guarantee fairness and uniformity. Federal regulations thus mandate that immigration judges inform noncitizens of their eligibility for relief from deportation in an effort to ensure that unrepresented respondents in immigration proceedings make informed decisions.
Unhappily, the U.S. Court of Appeals for the Ninth Circuit has recently limited this regulation-mandated duty to inform. In United States v. Lopez-Velasquez, the Ninth Circuit held that the duty to inform is not triggered when sources outside the Ninth Circuit indicate that relief may be possible because the relevant Ninth Circuit precedent is no longer …
‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula
‘Woman As…’: Personhood, Rights And The Case Of Domestic Violence, Stacy Missari, Christine Zozula
Societies Without Borders
This article uses the first domestic violence case filed against the United States in the Inter-American Commission on Human Rights (IACHR) to discuss the politics of gender and domestic violence. We discuss how gender-neutral frameworks of the case in the U.S. ignore the interpersonal gender and power issues which often attend domestic violence cases. The case before the IACHR was arguably more successful in addressing gender by drawing from the human rights literature on women’s rights. However, given that this case is the first human rights charge against the United States by a domestic violence survivor, the specifically gendered framework …
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …
The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley
The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley
American University International Law Review
No abstract provided.
Edzia Carvalho On Human Rights In The Global Political Economy: Critical Processes. By Tony Evans. Boulder, Co: Lynne Rienner Publishers, 2011. 232pp., Edzia Carvalho
Human Rights & Human Welfare
A review of:
Human Rights in the Global Political Economy: Critical Processes. By Tony Evans. Boulder, CO: Lynne Rienner Publishers, 2011. 232pp.
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Due Process In American Military Tribunals After September 11, 2001, Gary Shaw
Touro Law Review
The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"
The Us On The Palestinian Statehood Bid: Weighing The Costs, Thomas Pegram
The Us On The Palestinian Statehood Bid: Weighing The Costs, Thomas Pegram
Human Rights & Human Welfare
Reflecting on the controversy surrounding the Palestinian bid for statehood, Richard Falk neatly subverts the opening words of the UN Charter, “we the people,” as having always surrendered to “we the governments,” and, in the modern era of American empire, “we the hegemon.”
This may well be true. The UN Security Council (UNSC), in particular, is viewed in Washington as a vehicle for hegemonic ambitions—to be indulged when it serves its purpose and vetoed and sidelined when it does not. Unfolding events at the UNSC, reportedly due to vote on the Palestinian resolution on November 11 but now postponed perhaps …
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
San Diego International Law Journal
There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …
Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Should Criminal Juries Give Reasons For Their Verdicts?: The Spanish Experience And The Implications Of The European Court Of Human Rights Decision In Taxquet V. Belgium, Stephen C. Thaman
Chicago-Kent Law Review
This article uses the European Court of Human Rights judgment of Taxquet v. Belgium, decided by the Grand Chamber in 2010, which held that in some cases the trial jury's failure to give reasons for its verdict of guilt could constitute a violation of the right to a fair trial under Article 6 of the European Convention of Human Rights, as a springboard for discussing whether or not criminal trial juries in Europe and the United States should be more accountable for their verdicts. The article explains the special jury verdicts traditionally used in Europe and the new Spanish requirement …
Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum
Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum
Human Rights & Human Welfare
A review of:
The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.
Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans
Paul Timmermans On Invisible War: The United States And The Iraq Sanctions. By Joy Gordon. Cambridge, Ma: Harvard University Press, 2010. 359 Pp., Paul Timmermans
Human Rights & Human Welfare
A review of:
Invisible War: The United States and the Iraq Sanctions. By Joy Gordon. Cambridge, MA: Harvard University Press, 2010. 359 pp.
American Muslim Minorities: The New Human Rights Struggle, Ashley Moore
American Muslim Minorities: The New Human Rights Struggle, Ashley Moore
Human Rights & Human Welfare
The ramifications of the attacks of September 11, 2001 are felt throughout the United States. However, no minority community is as deeply affected as the American-Muslim minority. Since the attacks on the World Trade Center, Muslims residing in the United States have experienced violations of economic and political liberties, as well as ongoing social discrimination. Media stereotypes and government legislation continually exacerbate these human rights abuses and entrench institutional, social, and economic discrimination deeper in American society. At the heart of this discrimination are clear misunderstandings about Islam and those who practice the faith. In an effort to combat these …
Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson
Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson
Human Rights & Human Welfare
A review of:
Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte
University of Miami International and Comparative Law Review
No abstract provided.
May Roundtable: The Downfall Of Human Rights? Introduction
May Roundtable: The Downfall Of Human Rights? Introduction
Human Rights & Human Welfare
An annotation of:
“The Downfall of Human Rights” by Joshua Kurlantzick. Newsweek. February 19, 2010.