Law Commons^™

Human Rights, Women, And Third World Development, Winston E. Langley

William Monroe Trotter Institute Publications

As part of the effort to inaugurate a new international socio-political order after World War II, international emphasis was given to certain moral and legal entitlements we have come to call human rights. That emphasis initially found its most forceful expression in the Charter of the United Nations, which not only asserts its members' faith in fundamental human rights, in the dignity and worth of the human person, as well as in the equal rights of men and women of all nations, but also recites its members' commitment to employ international machinery for the promotion of the social and economic …

Capital Punishment And The American Agenda, John Pierce Stimson

Michigan Law Review

A Review of Capital Punishment and the American Agenda by Franklin E. Zimring and Gordon Hawkins

International Law: Process And Prospect, Linda A. Shoemaker

Michigan Law Review

A Review of International Law: Process and Prospect by Anthony D'Amato

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent

The Principle Of Religious Liberty And The Practice Of States: Seek And Ye Shall Find A Violation Of Human Rights Obligations, Scott A. Burr

Penn State International Law Review

Is religious freedom a fundamental human right? This comment examines the theological and legal basis for this theory, and through a study and comparison of the laws of four nations, the United States, the United Kingdom, the Republic of India, and the Union of Soviet Socialist Republics, determines the current status of this right. The author submits proposals for bridging the gaps between states' lip service to international law and actual compliance.

Indefinite Detention Of Cuban Aliens: Is The End In Sight?, Francis G. Troyan

Penn State International Law Review

In spite of the fact that international law dictates that a sovereign should be able to protect its borders, international law also dictates that every human being has the right to be free from unnecessary detention. For nearly eight years the United States has indefinitely detained Cuban aliens who arrived in the Mariel boatlift of 1980. This comment examines this policy and offers alternatives to improve the plight of the Cubans without sacrificing the safety of Americans in general.

People's Republic Of China: The Human Rights Exception, Roberta Cohen

Maryland Series in Contemporary Asian Studies

No abstract provided.

Autonomous Decisionmaking And Social Choice: Examining The "Right To Die", Donald L. Beschle

Kentucky Law Journal

No abstract provided.

Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann

University of Michigan Journal of Law Reform

This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …

Constitutional Kinship Between Iran And The Soviet Union, Ali Khan

NYLS Journal of International and Comparative Law

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

THE JURIDICAL BAY

By Gayl S. Westerman

New York: Oxford University Press, 1987. Pp. xii, 290. $39.95

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HELSINKI, HUMAN RIGHTS AND EUROPEAN SECURITY: ANALYSIS AND DOCUMENTATION

By Vojtech Mastney

Durham, North Carolina: Duke University Press, 1986. Pp. xxxv, 389. $49.50 hard cover, $18.95 soft cover

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NEITHER CONFIRM NOR DENY

By Stuart McMillan

Westport, Connecticut: Greenwood Press, 1987. Pp. viii, 177

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INTERNATIONAL LAW OF TAKEOVERS AND MERGERS: THE EEC, NORTHERN EUROPE, AND SCANDINAVIA

By H. Leigh Ffrench

Westport, Connecticut: Greenwood Press, 1986. Pp. viii, 390

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INTERNATIONAL LAW: PROCESS AND PROSPECT

By Anthony D'Amato

Dobbs Ferry, New York: …

The Role Of International Organizations In The Implementation Of Human Rights And Humanitarian Law In Situations Of Armed Conflict, David Weissbrodt

Vanderbilt Journal of Transnational Law

This Article will first review how nongovernmental organizations attempt to apply human rights law and humanitarian law during periods of armed conflict. It will next review the practice of one principal inter-governmental organization--the United Nations General Assembly--inciting humanitarian law. Third, this Article will study the reasons why the United Nations and international nongovernmental organizations should or should not refer to humanitarian law in support of their human rights work. Fourth, it will consider the preeminent position in implementing international humanitarian law of the ICRC, a private Swiss organization engaged in various international activities including specific functions provided by international humanitarian …

Aids, Prostitution, And The Use Of Historical Stereotypes To Legislate Sexuality, 21 J. Marshall L. Rev. 777 (1988), Beth Bergman

UIC Law Review

No abstract provided.

Implications Of The Coming Retreat From Roe V. Wade, Charles E. Rice

Journal Articles

In Thornburgh v. American College of Obstetricians and Gynecologists, the Supreme Court held unconstitutional Pennsylvania statutes which required that (1) pregnant women give "informed consent" to an abortion and that they be provided information as to the characteristics of their unborn child, the nature and risks of abortion and the availability of alternatives to abortion; (2) the attending physician must file detailed reports on abortions and the reports be made available to the public for copying, even though this could lead to public identification of the woman having the abortion; (3) that in post-viability abortions, the physician use the care …

Normative Surrender, Jerome B. Elkind

Michigan Journal of International Law

It is submitted, at the risk of being accused of idealism, that those who most conspicuously don the mantle of realism are also guilty of normative sloppiness, a form of sloppiness which deserves the name "normative surrender" because it concedes large areas of the law to the will and whim of States. This article will examine the phenomenon of normative surrender and provide some examples of it.

The Law Of Belligerent Occupation And The Legal Status Of The Gaza Strip, Bob Labes

Michigan Journal of International Law

Israel's presence in the Gaza Strip does, in fact, raise many interesting issues in international law, including questions concerning the law of belligerent occupation, and the law of self-determination. This note examines some of these questions. Part I of the Note discusses pertinent aspects of the law of belligerent occupation. It points out that among the features of the traditional concept of belligerent occupation is the existence of an armed conflict between the occupying state and the state whose territory is occupied. Part II examines the history of the Gaza Strip, in an attempt to determine whether it can be …

Responses To World War Two Criminals And Human Rights Violators: National And Comparative Perspectives; European, American, And Canadian Responses (Panel Discussion: Holocaust And Human Rights Law: The First International Conference), Ruti G. Teitel

Articles & Chapters

No abstract provided.

Gideon's Shelter: The Need To Reorganize A Right To Counsel For Indigent Defendants In Eviction Proceedings, Andrew Scherer

Articles & Chapters

No abstract provided.

The Alien Tort Statute: International Human Rights Watchdog Or Simply Historical Trivia, 21 J. Marshall L. Rev. 341 (1988), Debra A. Harvey

UIC Law Review

No abstract provided.

International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal

Washington Law Review

Evaluating accomplishments and prospects in the area of international human rights law recalls the oft-used rhetorical question about whether the glass is half empty or half full. As far as human rights are concerned, if the question is "how much has been achieved," the answer must be "a great deal." If the question is "how much remains to be achieved," the answer will be the same: "a great deal." Has a great deal more been achieved than remains to be accomplished? Yes and no; it all depends where we start and what we consider to be achievements. Tonight I propose …

International Human Rights Law And Institutions: Accomplishments And Prospects, Thomas Buergenthal

Washington Law Review

Evaluating accomplishments and prospects in the area of international human rights law recalls the oft-used rhetorical question about whether the glass is half empty or half full. As far as human rights are concerned, if the question is "how much has been achieved," the answer must be "a great deal." If the question is "how much remains to be achieved," the answer will be the same: "a great deal." Has a great deal more been achieved than remains to be accomplished? Yes and no; it all depends where we start and what we consider to be achievements. Tonight I propose …

Unions And Urinalysis, Deborah A. Schmedemann

Faculty Scholarship

Many private employers seem to be busy deciding whether and how to test employees for drug use. Presumably most of these decisions are made by management acting alone. However, in unionized workplaces—one out of five private sector employees are represented by unions—federal labor law prescribes a different method. That method features collective bargaining by unions and management to set the rules, the use of a private third-party neutral to resolve disputes which arise under those rules (arbitration), and relatively little involvement by the government (the National Labor Relations Board, legislatures, and the courts). This system that labor law prescribes for …

Deferring To The Judgment Of Mental Health And Related Professionals In Striking The Constitutional Balance Between Individual Liberty And The Interests Of The State, Patrick Wiseman

Faculty Publications By Year

No abstract provided.

Nicaragua: United States Assistance To The Nicaraguan Human Rights Association And The Nicaraguan Resistance, Suzanne B. Goldberg, Lee Crawford, Kevin Reed, John Tennant

Faculty Scholarship

The question of providing aid to the Nicaraguan Resistance has been significant to United States human rights policy throughout the Reagan Administration. Although events have changed repeatedly during the winter of 1988, including a truce between the Nicaraguan Government and the Resistance and a Congressional decision not to provide military aid to the Resistance, the underlying policy issues remain constant. The Harvard Human Rights Yearbook presents two notes, infra, discussing the Military Construction Appropriations Act of 1987, which granted $100 million in aid to the Nicaraguan Resistance. The first note discusses the Nicaraguan Human Rights Association (Asociacidn Nicaraguense Pro-Derechos Humanos …

La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin

Scholarly Articles

No abstract provided.

Industrial Relations I Usa - Ett Porträtt Av 'The Land Of The Free', Reinhold Fahlbeck

Reinhold Fahlbeck

No abstract provided.