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Articles 1 - 30 of 102
Full-Text Articles in Law
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore
Faculty Scholarship
No abstract provided.
Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson
Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson
BYU Law Review
No abstract provided.
"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson
"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson
BYU Law Review
No abstract provided.
Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young
Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young
BYU Law Review
No abstract provided.
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf
Indiana Journal of Global Legal Studies
No abstract provided.
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry
Washington Law Review
As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Faculty Works
No abstract provided.
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon
Faculty Articles
Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …
The United Nations Role In The Future Of Human Freedoms, Emilio J. Cárdenas
The United Nations Role In The Future Of Human Freedoms, Emilio J. Cárdenas
University of Miami Inter-American Law Review
No abstract provided.
The Destruction Of Churches And Mosques In Bosnia-Herzegovina: Seeking A Rights-Based Approach To The Protection Of Religious Cultural Property, Gregory M. Mose
The Destruction Of Churches And Mosques In Bosnia-Herzegovina: Seeking A Rights-Based Approach To The Protection Of Religious Cultural Property, Gregory M. Mose
Buffalo Journal of International Law
No abstract provided.
Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom
Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom
Buffalo Journal of International Law
No abstract provided.
The U.N. Commission On Human Rights And Cambodia, 1975-1980, Jamie Frederic Metzl
The U.N. Commission On Human Rights And Cambodia, 1975-1980, Jamie Frederic Metzl
Buffalo Journal of International Law
No abstract provided.
The Reasonable Suspicion Test Of Northern Ireland's Emergency Legislation: A Violation Of The European Convention Of Human Rights, Elizabeth Kondonijakos
The Reasonable Suspicion Test Of Northern Ireland's Emergency Legislation: A Violation Of The European Convention Of Human Rights, Elizabeth Kondonijakos
Buffalo Journal of International Law
No abstract provided.
Noted Japanese Jurist Speaks Out Against Capital Punishment
Noted Japanese Jurist Speaks Out Against Capital Punishment
Alfred Aman Jr. (1991-2002)
No abstract provided.
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
Osgoode Hall Law Journal
This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …
Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance
Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance
WKU Archives Records
This report consists of the following parts:
- Introduction
- Statement of Purpose
- Affirmative Action Plan for Minorities & Women
- Affirmative Action Plan for Covered Veterans & Persons with Disabilities
International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor
International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor
International Law Studies
No abstract provided.
The Environmental Threat Of Military Operations, William M. Arkin
The Environmental Threat Of Military Operations, William M. Arkin
International Law Studies
No abstract provided.
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Protecting Equality And Human Dignity: Allowing Same-Sex Marriage, Stacey R. Jessiman
Stacey R Jessiman
This March 1996 paper argues that the common law prohibition of same sex marriage violates rights protected by both the Charter and Human Rights legislation and is inappropriate in Canadian pluralistic modern society. First, this paper argues that the common law prohibition of same-sex marriage discriminates on the basis of sexual orientation and violates parties’ constitutional right to equality protected by s.15(1) of the Charter. Second, it argues that the common law rule violates s.7 of the Charter in that it encroaches on the right to liberty of same-sex partners by insulting their dignity as human beings. Third, it argues …
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Federal Courts And World Civil Society, Gordon A. Christenson
Federal Courts And World Civil Society, Gordon A. Christenson
Faculty Articles and Other Publications
This article proposes that in all international civil litigation federal judges should use international and foreign law pragmatically as an aid to decisions which further the substantive values of "world civil society." These values are similar to those of civil society in a federal republic with an elaborate bill of rights - to preserve voluntary associations of human dignity and enterprise whose spirit transcends the public order of sovereign states.
The Right To Stay, Patrick M. Mcfadden
The Right To Stay, Patrick M. Mcfadden
Vanderbilt Journal of Transnational Law
People often fight for their homes. Once established, homes are vital centers of life, and their threatened loss generates predictable resistance. This Article shows how the human desire not to be moved is protected by the law. Such protection can be found in both U.S. domestic and international law, although the two systems of law vary widely in their approach. Since World War II, international scholars and lawmakers have been deeply concerned with promoting the legal rights of people to leave and return to their own countries. This Article emphasizes a different, but equally important right: the right of people, …
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Michigan Journal of International Law
Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua
Book Reviews
Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).
The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner
The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner
Kentucky Law Journal
No abstract provided.
Ancient Legal Maxims And Modern Human Rights, Dr. J. Stanley Mcquade
Ancient Legal Maxims And Modern Human Rights, Dr. J. Stanley Mcquade
Campbell Law Review
No abstract provided.
Wcl Clinic Files Landmark Asylum Case, Sidney Lebowitz
Wcl Clinic Files Landmark Asylum Case, Sidney Lebowitz
Human Rights Brief
No abstract provided.
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto
Contributions to Books
Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Projecting The Washington College Of Law Into The Future, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Human Rights And Community Development Through Low-Income Women's Leadership: The Voice Of An African-American Organizer, Claudine Michel
Human Rights And Community Development Through Low-Income Women's Leadership: The Voice Of An African-American Organizer, Claudine Michel
William Monroe Trotter Institute Publications
In this essay, I argue that grassroots organizing appears as one of the most viable option worldwide until women are better protected through legislation and public policy. I also posit that it is important to learn from divergent leadership philosophies, from the different values, roles and styles that women adopt in various parts of the world in the course of their day-to-day activities and in their efforts to organize, to support current community programs, and to train future community leaders. This essay relates the experiences of a grassroots organizer and presents what I believe to be a successful model of …