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Human Rights Law

1998

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Articles 1 - 30 of 155

Full-Text Articles in Law

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz Dec 1998

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal of human …


Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky Dec 1998

Spare The Rod, Embrace Our Humanity: Toward A New Legal Regime Prohibiting Corporal Punishment Of Children, Susan H. Bitensky

University of Michigan Journal of Law Reform

This article proceeds from the simple premise that hitting children hurts them-even when the hitting does not rise to the level of child abuse as traditionally conceived. There is convincing evidence that corporal punishment is a hidden cruelty in child rearing that has serious adverse consequences for its victims and society at large. Yet forty-nine states permit parental corporal punishment of children and approximately half of the states permit such punishment in elementary and secondary schools The main purpose of this Article is to question the advisability of continuing the legalized status of corporal punishment of children in the United …


The Law Of War In Historical Perspective, Leslie C. Green Dec 1998

The Law Of War In Historical Perspective, Leslie C. Green

International Law Studies

No abstract provided.


Shooting Down Drug Traffickers, Phillip A. Johnson Dec 1998

Shooting Down Drug Traffickers, Phillip A. Johnson

International Law Studies

No abstract provided.


Table Of Contents (Volume 72) Dec 1998

Table Of Contents (Volume 72)

International Law Studies

No abstract provided.


Introduction (Volume 72) Dec 1998

Introduction (Volume 72)

International Law Studies

No abstract provided.


The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore Dec 1998

The Inevitable Collision: Affirmative Action And The Constitution, Jennifer Moore

Faculty Scholarship

This Comment, like a traditional Comment regarding affirmative action, will provide analysis pertaining to the historical events that shaped modem affirmative action policies. However, this Comment will also examine the recent settlement of Taxman v. Board of Education, a most intriguing display of political maneuvering which remains shrouded in controversy." Taxman would have presented the upreme Court with an ideal lens through which to examine the constitutionality of affirmative action. However, as a result of industrious manipulation, the Court narrowly missed that opportunity. Because a live controversy no longer exists, this Comment will focus on the Supreme Court's lost chance …


Full Volume 72: Law Of Military Operations Liber Amicorum Dec 1998

Full Volume 72: Law Of Military Operations Liber Amicorum

International Law Studies

No abstract provided.


Why Basic Liberties Are Bilateral, James W. Nickel Nov 1998

Why Basic Liberties Are Bilateral, James W. Nickel

Articles

No abstract provided.


State Terror And Memory Of What?, Jaime Malamud Goti Oct 1998

State Terror And Memory Of What?, Jaime Malamud Goti

University of Arkansas at Little Rock Law Review

No abstract provided.


Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus Oct 1998

Preliminary Comments On Dark Numbers: Research On Domestic Violence In Central And Eastern Europe, Isabel Marcus

University of Arkansas at Little Rock Law Review

No abstract provided.


International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss Oct 1998

International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss

Indiana Journal of Global Legal Studies

No abstract provided.


Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe Oct 1998

Intellectual Property, Human Rights & Sovereignty: New Dilemmas In International Law Posed By The Recognition Of Indigenous Knowledge And The Conservation Of Biodiversity, Rosemary J. Coombe

Indiana Journal of Global Legal Studies

No abstract provided.


A Call For Reform Of Recent Immigration Legislation, Jason H. Ehrenberg Oct 1998

A Call For Reform Of Recent Immigration Legislation, Jason H. Ehrenberg

University of Michigan Journal of Law Reform

The Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 dramatically limit the procedural rights of aliens who have been convicted of serious crimes. Consequently, aliens who have immigrated to the United States to escape persecution in their homelands are deported without adequate hearing or appeal. This Note argues that the laws violate international obligations and Constitutional law. It advocates amending the laws to give the Attorney General discretion over deportation decisions, eliminating retroactive application of deportation for aggravated felons, and reinstating judicial review of deportation or exclusion decisions.


The Race Convention And Civil Rights In The United States, Theodore M. Shaw Oct 1998

The Race Convention And Civil Rights In The United States, Theodore M. Shaw

City University of New York Law Review

No abstract provided.


Plenary Remarks: Judges And The Role Of International Human Rights Law, Kristin Booth Glen Oct 1998

Plenary Remarks: Judges And The Role Of International Human Rights Law, Kristin Booth Glen

City University of New York Law Review

No abstract provided.


Indian Nations And The Human Right To An Independent Judiciary, Tom Tso Oct 1998

Indian Nations And The Human Right To An Independent Judiciary, Tom Tso

City University of New York Law Review

I would like to approach the topic of Indian rights in the context of international law from a new perspective. Currently, there is uncertainty as to whether the proposed United Nations Declaration of the Rights of Indigenous Peoples will be adopted. Given that the Declaration is stalled in Geneva, and given the resistance of states with large indigenous populations to the notion that indigenous peoples should have rights under international law, who knows when, or if, the Declaration will be adopted. We cannot wait. This article will highlight United States and Indian-nation history in the development of Indian-nation law, and …


International Human Rights Law And Sexuality: Strategies For Domestic Litigation, Kristen L. Walker Oct 1998

International Human Rights Law And Sexuality: Strategies For Domestic Litigation, Kristen L. Walker

City University of New York Law Review

No abstract provided.


The Indivisible Framework Of International Human Rights: A Source Of Social Justice In The U.S., Rhonda Copelon Oct 1998

The Indivisible Framework Of International Human Rights: A Source Of Social Justice In The U.S., Rhonda Copelon

City University of New York Law Review

No abstract provided.


The Permissibility Of Affirmative Action In Higher Education Under Human Rights Law, Jordan J. Paust Oct 1998

The Permissibility Of Affirmative Action In Higher Education Under Human Rights Law, Jordan J. Paust

City University of New York Law Review

International human rights are the supreme law of the land, and thus are a legitimate and valuable source of the permissibility of affirmative action. This source is not only found in federal law relevant to decision making at federal and state levels, but is also found in federal policy which is relevant to the issue of federal preemption. Treaty-based permissibility does not however guarantee that particular measures of affirmative action will survive challenges under other constitutional provisions, but it is relevant to an evolving theory of constitutional rights. Indeed, treaty-based permissibility of affirmative action, coupled with other relevant sources, provide …


A Tribute To Jonathan Mann: Health And Human Rights In The Aids Pandemic, Lawrence O. Gostin Oct 1998

A Tribute To Jonathan Mann: Health And Human Rights In The Aids Pandemic, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A tribute to Jonathan Mann, former head of the World Health Organization's global AIDS program and a key figure in the early fight against HIV/AIDS. The author discusses Mann's work in health and human rights, prevention of disease, and eliminating social injustice.


Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer Oct 1998

Learning From Rwanda: Addressing The Global Institutional Stalemate In Refugee Crises, Leslie E. Schafer

Indiana Journal of Global Legal Studies

No abstract provided.


The Birth Of The Universal Declaration Of Human Rights, Michael Cooper Sep 1998

The Birth Of The Universal Declaration Of Human Rights, Michael Cooper

Michael D. Cooper, Esq.

This short article, written for an audience of U.S. based social science teachers, reviews the historical circumstances surrounding the drafting of the Universal Declaration of Human Rights, which the United Nations General Assembly adopted on December 10, 1948. The narrative focuses attention on the negotiating process and, in particular, Eleanor Roosevelt’s role as Chair of the U.N. Commission on Human Rights, which drafted the landmark document.


Coming To Grips With Tomorrow's Human Rights Agenda, Philip Alston Sep 1998

Coming To Grips With Tomorrow's Human Rights Agenda, Philip Alston

Buffalo Human Rights Law Review

No abstract provided.


Truth And Reconciliation In South Africa: Accounting For The Past, Abdullah Omar Sep 1998

Truth And Reconciliation In South Africa: Accounting For The Past, Abdullah Omar

Buffalo Human Rights Law Review

No abstract provided.


Ubuntu And The Law In South Africa, Yvonne Mokgoro Sep 1998

Ubuntu And The Law In South Africa, Yvonne Mokgoro

Buffalo Human Rights Law Review

No abstract provided.


Universality And Relativity Of Human Rights: American Relativism, Johan D. Van Der Vyver Sep 1998

Universality And Relativity Of Human Rights: American Relativism, Johan D. Van Der Vyver

Buffalo Human Rights Law Review

No abstract provided.


Social Rights And Economic Development: Converging Discourses?, Henry J. Steiner Sep 1998

Social Rights And Economic Development: Converging Discourses?, Henry J. Steiner

Buffalo Human Rights Law Review

No abstract provided.


Beyond Justiciability: Challenges Of Implementing/Enforcing Socio-Economic Rights In South Africa, Shadrack B. O. Gutto Sep 1998

Beyond Justiciability: Challenges Of Implementing/Enforcing Socio-Economic Rights In South Africa, Shadrack B. O. Gutto

Buffalo Human Rights Law Review

No abstract provided.


The African Charter And Freedom Of Expression In Africa, Claude E. Welch Jr. Sep 1998

The African Charter And Freedom Of Expression In Africa, Claude E. Welch Jr.

Buffalo Human Rights Law Review

No abstract provided.