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Human Rights Law

1992

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Articles 1 - 30 of 48

Full-Text Articles in Law

The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton Nov 1992

The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton

Vanderbilt Journal of Transnational Law

The end of 1992 has attained significance as the time when borders and barriers to the free movement of people within the European Community (EC) should dissolve. This Note examines those actions taken by EC institutions and member states that are determining the nature of this freedom. This Note explains the major EC institutions and the steps they have taken with respect to freedom of movement. This Note also describes the Schengen Convention, an agreement between , eight EC states that provides a blueprint for dismantling internal borders and strengthening external ones. The author discusses how member states' desire to …


Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman Nov 1992

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.


The Structural Role Of The Bill Of Rights, Richard G. Wilkins Sep 1992

The Structural Role Of The Bill Of Rights, Richard G. Wilkins

Brigham Young University Journal of Public Law

No abstract provided.


Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone Jul 1992

Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone

Faculty Publications

No abstract provided.


Emergency Judicial Relief For Human Rights Violations In Canada And Argentina, René Provost Jul 1992

Emergency Judicial Relief For Human Rights Violations In Canada And Argentina, René Provost

University of Miami Inter-American Law Review

No abstract provided.


The Wrongful Death Of Bob Black, C. Peter Erlinder Jun 1992

The Wrongful Death Of Bob Black, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson May 1992

The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson

William & Mary Bill of Rights Journal

No abstract provided.


The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav May 1992

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …


The Age Of Rights, Stephen D. Sencer May 1992

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin


International Human Rights Law: A Development Overview And Domestic Application Within The U.S. Criminal Justice System, William D. Auman Apr 1992

International Human Rights Law: A Development Overview And Domestic Application Within The U.S. Criminal Justice System, William D. Auman

North Carolina Central Law Review

No abstract provided.


Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56 Jan 1992

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.


Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore Jan 1992

Corporate Culpability Under The Federal Sentencing Guidelines, Jennifer Moore

Faculty Scholarship

This Article examines the use of corporate culpability in the Federal Sentencing Guidelines and addresses three major questions: In light of the traditional unimportance of culpability in corporate criminal law, is corporate culpability an appropriate concern of the Guidelines? If so, how is corporate culpability best conceptualized? Finally, how do the Guidelines understand corporate culpability, and how close do they come to embodying this most satisfying theory? Part I of the Article discusses the principal reasons why culpability has been important at the trial and sentencing of individual criminals, and argues that similar reasons justify concern with culpability in the …


State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff Jan 1992

State-Centered Refugee Law: From Resettlement To Containment, T. Alexander Aleinikoff

Michigan Journal of International Law

This paper will explore the international regime of refugee law, seeking to show how legal "solutions" to the "refugee problem" are profoundly state-centered. I will argue that discussions of "solutions" in refugee law and policy have taken a dramatic turn in recent years, replacing an exilic bias with a source-control bias. This new orientation focuses attention on countries of origin, supporting repatriation and human rights monitoring before and after return. I suggest that the shift in emphasis, albeit grounded in part in humanitarian concerns, presents real risks when realized within a system committed to the protection of human rights …


International Human Rights And Feminism: When Discourses Meet, Karen Engle Jan 1992

International Human Rights And Feminism: When Discourses Meet, Karen Engle

Michigan Journal of International Law

In this article, the author brings some of the issues identified and discussed in domestic law into public international law, through an analysis of that area of human rights law pertaining to women. Although she is inspired by the domestic debate, her purpose here is not specifically to critique or defend rights. Rather, to explore the various ways that advocates of international women's rights have deployed, and at the same time critiqued, existing rights frameworks in order to achieve change for women. In doing so, the author analyzes the multiple roles that rights discourse plays in the advocacy of women's …


The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown Jan 1992

The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown

All Faculty Scholarship

No abstract provided.


A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow Jan 1992

A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman Jan 1992

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond Jan 1992

Washington's Sexually Violent Predators Statute: Law Or Lottery? A Response To Professor Brooks, John Q. La Fond

Seattle University Law Review

In this Symposium Article, the author responds to Alexander D. Brooks, The Constitutionality and Morality of Civilly Committing Violent Sexual Predators, article.


From Libertarianism To Egalitarianism, Justin Schwartz Jan 1992

From Libertarianism To Egalitarianism, Justin Schwartz

Justin Schwartz

A standard natural rights argument for libertarianism is based on the labor theory of property: the idea that I own my self and my labor, and so if I "mix" my own labor with something previously unowned or to which I have a have a right, I come to own the thing with which I have mixed by labor. This initially intuitively attractive idea is at the basis of the theories of property and the role of government of John Locke and Robert Nozick. Locke saw and Nozick agreed that fairness to others requires a proviso: that I leave "enough …


Tridimensionalismo Juridico Y Control De Constitucionalidad, Edgar Carpio Marcos, Edgar Carpio Marcos Jan 1992

Tridimensionalismo Juridico Y Control De Constitucionalidad, Edgar Carpio Marcos, Edgar Carpio Marcos

Edgar Carpio Marcos

No abstract provided.


The Case For Self-Determination, Guyora Binder Jan 1992

The Case For Self-Determination, Guyora Binder

Journal Articles

This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …


Keynote Address: Predators And Politics, Norval Morris Jan 1992

Keynote Address: Predators And Politics, Norval Morris

Seattle University Law Review

The following article is a transcription of portions of Mr. Morris's keynote address presented at the Predators and Politics Symposium on March 9, 1992 at the University of Puget Sound School of Law.


Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond Jan 1992

Washington's Sexually Violent Predator Law: A Deliberate Misuse Of The Therapeutic State For Social Control, John Q. La Fond

Seattle University Law Review

This Article will demonstrate that the Washington legislature deliberately chose to abuse the medical model of involuntary commitment for treatment in order to achieve lifetime preventive detention. In so doing, the legislature violated fundamental constitutional principles that underlie our system of social care and control and safeguard individual liberty.


The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul Jan 1992

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.


The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown Jan 1992

The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown

Seattle University Law Review

This Article first briefly examines the United States Supreme Court cases dealing with the juvenile death penalty. Second, the Article describes the history and structure of Washington's death penalty statute. Third, the Article analyzes whether the state constitution's ban on cruel punishment prohibits the imposition of the death penalty on juveniles.


Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters Jan 1992

Editor's Preface: Predators And Politics: The Dichotomies Of Translation In The Washington Sexually Violent Predators Statute, Nancy Watkins Anderson, Kenneth W. Masters

Seattle University Law Review

No abstract provided.


Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis Jan 1992

Limits On The State's Power To Confine "Dangerous" Persons: Constitutional Implications Of Foucha V. Louisiana, James W. Ellis

Seattle University Law Review

This Article does not attempt a complete analysis of all the constitutional implications of Foucha,nor does it attempt to provide a definitive answer to the question of the constitutionality of Washington's sexual predator statute. Rather, because Foucha addressed important due process and equal protection questions relevant to the Washington statute, the Article is an attempt to analyze the case's basic constitutional holdings and discussion on the issue of state deprivation of physical liberty.


The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks Jan 1992

The Constitutionality And Morality Of Civilly Committing Violent Sexual Predators, Alexander D. Brooks

Seattle University Law Review

This Article will address four major substantive constitutional and moral challenges to the Washington Sexually Violent Predator statute. The first is that the statute provides for unacceptable preventive detention contrary to American tradition and law. The second is that the terminology used to identify the mental condition of sexually violent predators is vague and meaningless, resulting in inaccurate and unfair applications and lacking in uniformity. The third objection is that the treatment program necessarily relies on a false assumption that efficacious treatment is available and argues that without efficacious treatment the statute must fail. Fourth, the confinement involved, which theoretically …


The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng Jan 1992

The Community Protection Act And The Sexually Violent Predators Statute, Norm Maleng

Seattle University Law Review

In this Symposium Article, former prosecutor Norm Maleng discusses his experience with The Community Protection Act and Washington’s Sexually Violent Predator Law.


State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley Jan 1992

State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.