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Human Rights Law

1996

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Articles 1 - 30 of 64

Full-Text Articles in Law

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson Nov 1996

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 Nov 1996

"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 Nov 1996

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 Oct 1996

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 Oct 1996

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 …


The United Nations Role In The Future Of Human Freedoms, Emilio J. Cárdenas Jul 1996

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 Jul 1996

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 Jul 1996

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 Jul 1996

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 Jul 1996

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.


The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan Jul 1996

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 …


International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor Jun 1996

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 Jun 1996

The Environmental Threat Of Military Operations, William M. Arkin

International Law Studies

No abstract provided.


The Right To Stay, Patrick M. Mcfadden Jan 1996

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 Jan 1996

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 Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner Jan 1996

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 Jan 1996

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 Jan 1996

Wcl Clinic Files Landmark Asylum Case, Sidney Lebowitz

Human Rights Brief

No abstract provided.


Getting Away With Murder: Social Cleansing In Colombia And The Role Of The United States, Elizabeth F. Schwartz Jan 1996

Getting Away With Murder: Social Cleansing In Colombia And The Role Of The United States, Elizabeth F. Schwartz

University of Miami Inter-American Law Review

No abstract provided.


Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson Jan 1996

Granting Political Asylum To Potential Victims Of Female Circumcision, Gregory A. Kelson

Michigan Journal of Gender & Law

Part I of this article examines two cases. In one case, a United States immigration court allowed female circumcision as a defense to deportation. In another case, the Canadian Immigration and Refugee Board granted political asylum after recognizing female circumcision as a form of persecution. Part II assesses the extent of protections currently provided for potential victims of female circumcision under U.S. asylum law and analyzes the factors that a court should consider when making asylum determinations. Part III recommends that gender should be added to the enumerated grounds for persecution under U.S. asylum law. This section provides a hypothetical …


China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin Jan 1996

China's Denial Of Tibetan Women's Right To Reproductive Freedom, Eva Herzer, Sara B. Levin

Michigan Journal of Gender & Law

This Article first provides a historical account of the social and political context of the PRC's family planning policies in Tibet. Part B describes the PRC's official family policies from 1982 to the present. Part C discusses the PRC's actual practices, including its population quota controls, focusing on the forced and coerced abortions and sterilizations performed on Tibetan women. Part D applies international human rights law and concludes that the PRC's family planning policy, as implemented, violates international human rights laws. The Article concludes by recommending points of action for the PRC and international community to address these human rights …


Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer Jan 1996

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.


Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine Jan 1996

Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.


Foreword: Symposium On East Asian Approaches To Human Rights, Joseph W. Dellapenna Jan 1996

Foreword: Symposium On East Asian Approaches To Human Rights, Joseph W. Dellapenna

Buffalo Journal of International Law

No abstract provided.


East Asian Approaches To Human Rights, Christina M. Cerna Jan 1996

East Asian Approaches To Human Rights, Christina M. Cerna

Buffalo Journal of International Law

No abstract provided.


Human Rights In Asia: China And The Bangkok Declaration, Michael C. Davis Jan 1996

Human Rights In Asia: China And The Bangkok Declaration, Michael C. Davis

Buffalo Journal of International Law

No abstract provided.


An East Asian Approach To Human Rights, Bilahari Kim Hee P.S. Kausikan Jan 1996

An East Asian Approach To Human Rights, Bilahari Kim Hee P.S. Kausikan

Buffalo Journal of International Law

No abstract provided.


Comparative Analysis Of International And Chinese Human Rights Law--Universality Versus Cultural Relativism, Melanne Andromecca Civic Jan 1996

Comparative Analysis Of International And Chinese Human Rights Law--Universality Versus Cultural Relativism, Melanne Andromecca Civic

Buffalo Journal of International Law

No abstract provided.


Note: The Implications Of Human Rights Abuses Currently Occuring In The Baltic States Against The Ethnic Russian National Minority, Marc Holzapfel Jan 1996

Note: The Implications Of Human Rights Abuses Currently Occuring In The Baltic States Against The Ethnic Russian National Minority, Marc Holzapfel

Buffalo Journal of International Law

No abstract provided.


The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike Jan 1996

The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike

Vanderbilt Journal of Transnational Law

In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in …