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

Law Commons™

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

Human Rights Law

Selected Works

External Link

Keyword
Publication Year
Publication

Articles 151 - 164 of 164

Full-Text Articles in Law

Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis Dec 1996

Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis

Hope Lewis

This Article commands a more explicit engagement of critical race scholarship with feminist international human rights strategies. It focuses on Jamaican-American women. Part I discusses key aspects of the historical and sociological context in which the migration of Jamaican women to the New York City area has occurred. It also discusses trends in their participation in the paid labor force since the migratory patterns of Jamaican women are strongly linked to their employment opportunities. Part II describes and analyzes significant survival strategies used by working-class Jamaican-American women to escape from, reshape, or resist the exploitative conditions they face. The strategies …

Go to article

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega Dec 1996

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega

Connie de la Vega

This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties …

Go to article

Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis Dec 1995

Women (Under)Development : The Relevance Of The "Right To Development" To Poor Women Of Color In The United States, Hope Lewis

Hope Lewis

This essay, written during a time of Clinton-era welfare reform, was an attempt to reimagine South-North roles. What if "right to development" analysis were applied to poor women of color living in the United States? Some see the right to development as an anachronism in the face of the apparent globalization of market-based economic development. However, “development” in the narrow form of a thriving industrial sector, reliable infrastructure, and steady economic growth, remains beyond the reach of many nations - particularly the poorest African nations. More important, the broader goals of human development - access to basic needs and an …

Go to article

Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis Mar 1995

Between Irua And "Female Genital Mutilation" : Feminist Human Rights Discourse And The Cultural Divide, Hope Lewis

Hope Lewis

“Irua,” or female genital surgery (“FGS”), involves the most private aspects of individual female physical and cultural identity. Yet, the health risks caused by FGS raised concern in cultures in which FGS is not traditionally practiced. There has been extensive dialogue regarding the implications of FGS for cross-cultural feminist approaches to human rights. This Article examines the controversy over FGS terminology as it reflects more complex debates over FGS as a violation of international human rights. It further assesses the reasons offered to justify Western feminists’ participation in cross-cultural strides to address FGS through human rights law. In addition, the …

Go to article

The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega Dec 1993

The Right To Equal Education: Merely A Guiding Principle Or Customary International Legal Right?, Connie De La Vega

Connie de la Vega

In San Antonio Independent School District v. Rodriguez, 411 U.S. 1 (1973), the United States Supreme Court held that wealth discrimination was not illegal discrimination and that the right to be educated was not a fundamental constitutional right. This article contends that international human rights law provides broad authority for a right to equal opportunity to education and is a useful tool for those seeking to develop theories that that right exists under either the state or federal constitutions. This article provides a brief introduction to those cases in which courts have been asked to look at international human rights …

Go to article

Protecting Economic, Social And Cultural Rights, Connie De La Vega Dec 1993

Protecting Economic, Social And Cultural Rights, Connie De La Vega

Connie de la Vega

This article reviews the international human rights standards relevant to protecting and promoting economic, social, and cultural rights in the United States, focusing particularly on those norms that would assist advocates of welfare and education rights. It discusses three ways in which these norms can be used in litigation before federal and state courts in the United States and argues that, in order to make more effective use of these standards, parties should raise the standards themselves, and not rely solely on amici curiae briefs or on courts' raising the standards sua sponte. This article also asserts that civil rights …

Go to article

Legal Reforms In The Aftermath Of Tiananmen Square, Margaret Woo Dec 1990

Legal Reforms In The Aftermath Of Tiananmen Square, Margaret Woo

Margaret Y. K. Woo

This article examines some of the new Chinese legislation passed in the aftermath of the government’s crackdown of the student pro-democracy movement in Tiananmen Square. As the Chinese government recovers from the crisis of Tiananmen Square, the legal activities that it has chosen to undertake and to publicize can offer a snapshot of the mentality of the leadership towards legal reform. The laws promulgated since Tiananmen Square have an overall focus of “promoting stability,” which in the Chinese government’s view, means upholding party policy. Law is being re-emphasized as a counter-balance to reform and democracy resulting in the dualities of …

Go to article

Federal Court Litigation And Review, Daniel Kanstroom Dec 1988

Federal Court Litigation And Review, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Go to article

On Knowing One's Chains And Decking Them With Flowers: Limits On Patient Autonomy In 'The Silent World Of Doctor And Patient', Charles Baron Dec 1986

On Knowing One's Chains And Decking Them With Flowers: Limits On Patient Autonomy In 'The Silent World Of Doctor And Patient', Charles Baron

Charles H. Baron

In this article Professor Baron continues the debate started by Jay Katz in his book "The Silent World of Doctor and Patient" on the necessity of exploring further patients' reasons for refusing treatment.

Go to article

Lawsuits, Daniel Kanstroom, Helena Goldstein Dec 1986

Lawsuits, Daniel Kanstroom, Helena Goldstein

Daniel Kanstroom

No abstract provided.

Go to article

The Symposium On International Human Rights Law In State And Federal Courts: Comments, Connie De La Vega Dec 1983

The Symposium On International Human Rights Law In State And Federal Courts: Comments, Connie De La Vega

Connie de la Vega

This article responds to and comments on an Application of International Human Rights Law in State Courts: A View from California, an article by Paul L. Hoffman appearing in the Symposium on International Human Rights Law in State Courts. It agrees that the most promising use of international human rights law is as an aid in interpreting federal and state civil liberties and civil rights laws. The article primarily outlines ways in which and that certain provisions treaties or of customary law may be invoked as arguably binding on state and federal courts.

Go to article

Application Of International Human Rights Law In State And Federal Courts, Connie De La Vega, Stephen Rosenbaum, Kathryn Burke, Sandra Coliver Dec 1982

Application Of International Human Rights Law In State And Federal Courts, Connie De La Vega, Stephen Rosenbaum, Kathryn Burke, Sandra Coliver

Connie de la Vega

This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers. State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …

Go to article

Thirty-Fifth Session Of The Sub-Commission Of Protection Of Minorities, Connie De La Vega, Ellen E. Lutz Dec 1981

Thirty-Fifth Session Of The Sub-Commission Of Protection Of Minorities, Connie De La Vega, Ellen E. Lutz

Connie de la Vega

This article provides a brief synopsis of the 35th Session of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which took place in Geneva, August 16 - September 10, 1982. At the 35th Session there were advances in several areas, particularly regarding the setting of international standards and the improvement of information-gathering procedures. Also promising for the promotion and protection of human rights was that the Working Group on Indigenous Peoples were allowed to present information to the Sub-Commission. At the same time, several dangerous precedents were set which appeared to make it more difficult for non-governmental organizations …

Go to article

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole Feb 1975

Live Organ And Tissue Transplants From Minor Donors In Massachusetts, Charles Baron, Margot Botsford, Garrick Cole

Charles H. Baron

This article examines the system of providing court approval for organ and tissue transplants from minor donors as it operates in Massachusetts. It focuses principally on the substantive interests of prospective donors and on the extent to which the current procedures afford them adequate protection. It begins by examining the requirement of consent and demonstrates the necessity of judicial authorization of minor donors' participation in transplant procedures. Next, it analyzes the current Massachusetts practice and assess its capacity to afford minor donors adequate protection from the possible dangers of serving as an organ or tissue donor. It suggests that the …

Go to article

First Prev