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Articles 1 - 30 of 34
Full-Text Articles in Law
Universals And Particulars: A Comment On Women's Human Rights And Religious Marriage Contracts, Carol Weisbrod
Universals And Particulars: A Comment On Women's Human Rights And Religious Marriage Contracts, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown
Into Africa: An Introduction To The Southern Africa Exchange Program, Kevin D. Brown
Articles by Maurer Faculty
No abstract provided.
Asian Law Journal Symposium On Labor And Immigration, Hina Shah
Asian Law Journal Symposium On Labor And Immigration, Hina Shah
Publications
No abstract provided.
The African Human Rights Court: A Two-Legged Stool?, Makau Mutua
The African Human Rights Court: A Two-Legged Stool?, Makau Mutua
Journal Articles
This article examines the African continental human rights system that is built on the African Charter on Human and Peoples’ Rights. It pays particular attention to the deficits of that system and argues that the establishment of the African Court on Human and Peoples’ Rights – a judicial body meant to strengthen the protection of human rights in Africa – falls far short. It exposes the normative and structural shortcomings that render the court virtually meaningless. It concludes that the court serves very little purpose except to address the enormous human rights challenges facing Africa.
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.
Osce National Minority Rights In The United States: The Limits Of Conflict Prevention, 23 Suffolk Transnat'l L. Rev. 1 (1999), Stuart K. Ford
Osce National Minority Rights In The United States: The Limits Of Conflict Prevention, 23 Suffolk Transnat'l L. Rev. 1 (1999), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald Slye
Faculty Articles
This submission made to the TRC by the Allard K. Lowenstein International Human Rights Law Clinic, the Lawyers Committee for Human Rights, and twenty-one international law professors regarding apartheid as a crime against humanity (reproduced below) grew out of the debate within South Africa concerning apartheid, crimes against humanity, genocide, and Nazism. This submission is an authoritative statement by experts in international law concerning the legal status of apartheid and was drafted in part to clarify the relevant issues for a legal evaluation of apartheid-not only within the TRC, but also in broader South African and international society. The submission …
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Violence Against Women In South Africa: The Role Of Culture And The Limitations Of The Law, Penelope Andrews
Articles & Chapters
This paper describes the role of culture in perpetuating violence against women. It does this by contextualizing violence against women in South Africa within the grand project of transformation taking place there, and highlighting the possibilities of fundamental restructuring, with respect to rights and equality for women, when the feminist project intersects with the non-racial project. The paper, therefore, visits a familiar question, namely, the obstacles to transformation when the eradication of racism takes precedence over the elimination of sexism, as it historically has in South Africa. In addition, this paper describes recent attempts by the legislature and courts in …
Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi
Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi
LLM Theses and Essays
Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff
LLM Theses and Essays
Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …
America's Apostasy, James C. Hathaway
America's Apostasy, James C. Hathaway
Articles
It has often struck me that the prominence of the Restatement of the Foreign Relations Law of the United States epitomizes the plight of international law in this country. The title of this standard reference on international law does not even refer to international law, but instead to foreign relations law. That is, it is meant to set out the standards by which we may legitimately judge the conduct of others. The clear, if unintended, message is that the Restatement is not really a codification of laws that bind us. And indeed, it is explicitly not just a codification, but …
Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder
Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder
Journal Articles
The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston
Journal Publications
In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …
International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway
International Refugee Law: The Michigan Guidelines On The Internal Protection Alternative, James C. Hathaway
Articles
International refugee law is designed only to provide a back-up source of protection to seriously at-risk persons. Its purpose is not to displace the primary rule that individuals should look to their state of nationality for protection, but simply to provide a safety net in the event a state fails to meet its basic protective responsibilities.1 As observed by the Supreme Court of Canada, "[t]he international community was meant to be a forum of second resort for the persecuted, a 'surrogate,' approachable upon the failure of local protection. The rationale upon which international refugee law rests is not simply the …
Living With The Death Penalty, Samuel R. Gross
Living With The Death Penalty, Samuel R. Gross
Articles
The debate over the death penalty in the United States - such as it is - is framed in terms of criminal justice policy. The issues are the same ones we consider when the question is the length of prison sentence for a drug crime: Does the defendant deserve the penalty? Is it cost effective by comparison to other available sanctions? Will it deter others from committing the crimes for which he was convicted? Can we impose this punishment fairly? Can we make sure that innocent people are not condemned?
A Child's Right To Physical Integrity, Suellyn Scarnecchia
A Child's Right To Physical Integrity, Suellyn Scarnecchia
Articles
As we wring our hands over increasing reports of severe child abuse and how violent many of our children have become, it might be time to reassess policies that give parents and others the license to use even the most mild forms of violence against our children.
The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters
The Naked Land: The Dayton Accords, Property Disputes, And Bosnia's Real Constitution, Timothy W. Waters
Articles by Maurer Faculty
The Dayton Accords have brought peace and stability to Bosnia. Yet the Accords were intended to do more: they were meant to create conditions for the restoration of political unity among Bosnia's factions. On these scores, Dayton has failed. Moreover, there remains a wide rift between the international community's perceptions of the local parties' obligations and those parties' own perceptions and conduct.
One of the most complicated aspects of post-conflict Bosnia is the range of disputes over real property. Hundreds of thousands of people have been displaced, and so far Dayton has proven singularly incapable of creating any meaningful resolution. …
Mexico: Protecting Informed Consent, Elsa Santos, Silvia Elena Llaguno, Ricardo Vernon
Mexico: Protecting Informed Consent, Elsa Santos, Silvia Elena Llaguno, Ricardo Vernon
Reproductive Health
The objective of this three-month project in Mexico was to disseminate information among key audiences about: 1) the right of women to choose contraceptive methods in a free and informed manner; and 2) the laws and institutions available to help redress any violations of this right. Four publications on these topics, developed by a previous project funded by Population Council/INOPAL III, were reproduced and distributed to 2,750 people in the following target audiences: women of reproductive age; reproductive health service providers; national and state commissions of human rights, complaints offices in public hospitals, feminist and human rights organizations; and legal …
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya
Publications
No abstract provided.
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos
Scholarly Works
The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …
An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan
An Army Of Lovers?: Queering The Ministry Of Defense Report Of The Homosexual Policy Assessment Team, Bruce Carolan
Articles
Certain queer theorists argue that gay men and lesbians are banned from military service in certain countries not due to a fear of otherness. Instead, they are prohibited from serving precisely because of a fear that the opposite might be true -- that introducing openly gay people into a 'homosocial' environment might destabilize accepted notions of sexuality among members of the service who presently constitute themselves as heterosexual. This article explores that idea in the context of the Report of the Homosexual Policy Assessment Team established to defend exclusion of openly gay people from military service in the United Kingdom. …
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Scholarly Works
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman
Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman
Scholarly Works
No abstract provided.
Human Rights And Non-State Actors, Thomas Michael Mcdonnell
Human Rights And Non-State Actors, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
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.
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
When Justice Fails: Indemnification For Unjust Conviction, Adele Bernhard
Articles & Chapters
The first section of this article reviews the evidence, both historical and contemporary, documenting the existence and frequency of wrongful convictions. The next dissects an actual case to illustrate how an innocent person can be convicted and why, once the error has been corrected and the conviction is vacated, that person generally has no legal action for damages in the absence of indemnification legislation. The third section argues that society has a moral obligation to assist the wrongfully convicted; that indemnification legislation is a better approach than reliance on ''moral obligation" bills; and that enacting legislation is possible - just …
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews
Articles & Chapters
No abstract provided.
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan
The Northern Ireland Peace Agreement: Evolving The Principle Of Self-Determination, Paul Williams, Sabrineh Ardalan
Articles in Law Reviews & Other Academic Journals
Central to this article is the evolution of the nature of the principle of self-determination. The main focus will be on the examination of a recent instance of state practice — the Northern Ireland Peace Agreement. In particular, the way in which the Northern Ireland Peace Agreement has given effect to the primary elements of self-determination, including democratic self-government, the protection of human rights, and the protection of minority rights will be discussed.