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Human Rights Law

2001

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Articles 1 - 30 of 164

Full-Text Articles in Law

Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy Dec 2001

Guilty And Gay, A Recipe For Execution In American Courtrooms: Sexual Orientation As A Tool For Prosecutorial Misconduct In Death Penalty Cases, Michael B. Shortnacy

American University Law Review

No abstract provided.


Diversity Issues In Gilbert, Arizona: Effectiveness Of Human Relations Commission For Resolving Human Rights Violations, Penny L. Willrich, Pamela M. Smith Nov 2001

Diversity Issues In Gilbert, Arizona: Effectiveness Of Human Relations Commission For Resolving Human Rights Violations, Penny L. Willrich, Pamela M. Smith

Penny Willrich

In response to unwelcome, unattractive media attention and citizen political pressure, Mayor Cynthia Dunham of Gilbert, Arizona appointed 36 citizens to the Diversity Task Force in September 2000. Its purpose was to make recommendations to the town Council on issues of diversity. The town had been plagued for a number of years with incidents of violence, white supremacist gang intimidations and various other acts of discrimination. The stigma of a prejudiced community led to a negative perception that many wanted to correct. The Task Force recommended the creation of a human relations commission and identified eight critical social issues facing …


Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone Nov 2001

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.


Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale Oct 2001

Feeling The Heat Of Human Rights Branding: Bringing Transnational Corporations Within The International Human Rights Fence, Robert Mccorquodale

Human Rights & Human Welfare

A review of:

Human Rights Standards and the Responsibility of Transnational Corporations edited by Michael K. Addo. The Hague: Kluwer Law International, 1999. 384pp.


Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern Oct 2001

Capitalizing On Market Reforms: Facets Of Legal Development In Contemporary China, Stefanie Elbern

Human Rights & Human Welfare

A review of:

Law and Justice in China’s New Marketplace by Ronald C. Keith and Zhiqiu Lin. New York: Palgrave, 2001. 315pp.

and

Profits and Principles: Global Capitalism and Human Rights in China by Michael A. Santoro. Ithaca, NY: Cornell University Press, 2000. 256pp.


The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins Oct 2001

The Institutional And Substantive Effects Of The Human Rights Act In The United Kingdom, Christopher D. Jenkins

Dalhousie Law Journal

This article reviews the institutional and substantive impact that the Human Rights Act has on English law through its incorporation of the European Convention on Human Rights. Under the Act, higher courts can now move beyond a formalistic method of judicial review and substantively evaluate legislation in light of the Convention. The judiciary can accordingly issue declarations that statutes are incompatible with the Convention which, although not invalidating the act in question, will bring considerable political pressure to bear on Parliament to ensure compliance. The Act further directs courts to give special regard to the decisions of the European Court …


Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis Sep 2001

Universal Mother : Transnational Migration And The Human Rights Of Black Women In The Americas, Hope Lewis

Hope Lewis

Community-based or personal forms of identity, as well as some externally imposed gender, race, and cultural stereotypes operate simultaneously to influence global markets. This Article explores the human rights implications of the stories surrounding a female migrant household worker as they exemplify how perceptions about identity can shape legal responses and how legal frameworks can shape perceptions of identity. The identities associated with the migrant household worker seemed to constitute a uniquely complex illustration of the intersection of race, gender, ethnicity, class, immigration status, nationality, and disability. However, the stories establish that all identities can be equally complex. This Article …


Laborious Law, Bas De Gaay Fortman Sep 2001

Laborious Law, Bas De Gaay Fortman

Human Rights & Human Welfare

Inaugural Address at Utrecht University, on the occasion of accepting the Chair in Political Economy of Human Rights 21 MAY 2001

This paper may be freely circulated, either electronically or on paper, on condition that it not be modified in any way and that the rights of the author are in no way infringed. You may provide a link to this paper on any Web site. You may not, however, post it on another site without the author's express permission.


21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Ibpp Editor Sep 2001

21st-Century Crusades And Demonizing Islam: Commentary On Inderfuth, Ibpp Editor

International Bulletin of Political Psychology

This article comments on public discourse transmitted through Western-financed mass media that attempts to demonize variants of Islam--e.g., that of the Taliban.


Human Rights Treaties: A Suggested Typology, An Historical Perspective, John King Gamble, Teresa A. Bailey, Jared S. Hawk, Erin E. Mccurdy Sep 2001

Human Rights Treaties: A Suggested Typology, An Historical Perspective, John King Gamble, Teresa A. Bailey, Jared S. Hawk, Erin E. Mccurdy

Buffalo Human Rights Law Review

No abstract provided.


To Labor In The Dancing World: Human Rights At Work, Erin E. Bahn Sep 2001

To Labor In The Dancing World: Human Rights At Work, Erin E. Bahn

Buffalo Human Rights Law Review

No abstract provided.


Russian Jewry: The History Of Survival, Polina Tomashevsky Sep 2001

Russian Jewry: The History Of Survival, Polina Tomashevsky

Buffalo Human Rights Law Review

No abstract provided.


Expanding International And National Protections Against Trafficking For Forced Labor Using A Human Rights Framework, Shelley Case Inglis Sep 2001

Expanding International And National Protections Against Trafficking For Forced Labor Using A Human Rights Framework, Shelley Case Inglis

Buffalo Human Rights Law Review

No abstract provided.


A Measure Of Freedom, James W. Nickel Sep 2001

A Measure Of Freedom, James W. Nickel

Articles

No abstract provided.


Counter-Intelligence On Espionage In The People's Republic Of China, Ibpp Editor Aug 2001

Counter-Intelligence On Espionage In The People's Republic Of China, Ibpp Editor

International Bulletin of Political Psychology

This article analyzes the consensual Western perception that many allegations of espionage made by the government of the People's Republic of China (PRC) are violations of universal human rights.


Trends. The Case For Reflexively Condemning Reflexively Condemning Human Rights Violations, Ibpp Editor Jul 2001

Trends. The Case For Reflexively Condemning Reflexively Condemning Human Rights Violations, Ibpp Editor

International Bulletin of Political Psychology

This article discusses whether it is viable to compare different human rights violations.


Trends. Colombian Rebels And Elite Interests: Rights And Wrongs On Human Rights, Ibpp Editor Jul 2001

Trends. Colombian Rebels And Elite Interests: Rights And Wrongs On Human Rights, Ibpp Editor

International Bulletin of Political Psychology

This article discusses and analyzes the reactions of elites to rebel actions (e.g., human rights violations, other violent actions) in Colombia.


Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor Jul 2001

Trends. Human Rights And Politics: The Wrong Argument Against The International Criminal Court, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the International Criminal Court, or ICC. At issue is the contention that the ICC has been used primarily as a political tool for settling vendettas against the governments of nation-states and/or the leaders of these states instead of furthering human rights through adjudicating allegations of genocide, crimes against humanity, and war crimes.


Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong Jul 2001

Book Review: Women Under The Law: The False Promise Of Human Rights, S. I. Strong

Faculty Publications

Though McColgan's book promises much, it fails to persuade the reader for several reasons. First, a number of the examples used to demonstrate the inferiority of entrenched rights actually suggest the opposite. The second reason why McColgan fails to persuade results from her forcing constitutional arguments where there are none. The third problem with this book is its failure to extrapolate its arguments about women to other disadvantaged groups.

Despite these shortcomings, there is much in McColgan's book to recommend it. Her prose is fluid, her presentation of US and Canadian law, particularly regarding abortion, is extensive, and her arguments …


Do We Have A Right To Common Goods?, Andrei Marmor Jul 2001

Do We Have A Right To Common Goods?, Andrei Marmor

Cornell Law Faculty Publications

Individuals have rights. I will assume that this means that individuals have interests which are important enough to justify the imposition of duties on others in order to secure those interests. Groups of individuals, such as nations or ethnic minorities, plausibly have rights as well. Groups of individuals may have group interests appropriately protected by the imposition of duties on others, typically, on governments, or on other larger political entities. My concern in this essay is with the question of what individuals or groups may have a right to. In particular I want to explore the question of whether people …


Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

Faculty Scholarship at Penn Carey Law

No abstract provided.


That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher Jul 2001

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Reports

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty Be Punished provides …


Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace Jun 2001

Buffalo's "Prophet Of Protest": The Political Leadership And Activism Of Reverend Dr. Bennett W. Smith, Sr., Sherri Wallace

Sherri L. Wallace

Recently voted as one of Western New York's most influential people for the twentieth century (Gallivan 1999), the Reverend Dr. [Bennett W. Smith, Sr.] Sr.'s own electoral and political activism clearly emanate from the ethical expressions of the social justice ministry of his late friend and comrade, the Reverend Dr. Martin Luther King, Jr. King characterized social justice in terms of "comprehensive social empowerment." He believed that freedom for African-Americans without empowerment (i.e. "Civil Rights"), land and/or other social/economic resources, was not "true" freedom (Walker 1991, 24). King's philosophy, similar to Stokely Carmichael's view of "Black Power," articulated a "call …


Trends. An Equal Opportunity For Atrocity, Ibpp Editor May 2001

Trends. An Equal Opportunity For Atrocity, Ibpp Editor

International Bulletin of Political Psychology

This article discusses the possibility of creating profiles for those who commit atrocities.


An International Dna Database: Balancing Hope, Privacy, And Scientific Error, Allison Puri May 2001

An International Dna Database: Balancing Hope, Privacy, And Scientific Error, Allison Puri

Boston College International and Comparative Law Review

The discovery of DNA technology is considered one of the most revolutionary and beneficial contributions to the modern industrialized world. Not only has it led to formidable advances in medicine and genetic biology, but, in the past ten years, DNA technology also has become an important tool to law enforcement personnel and the legal community. Since 1986, police officers and lawyers have used DNA to find, apprehend, convict, and exonerate criminals ranging from burglars to murderers. The creation of the first DNA criminal investigative database in 1995 in Britain further enabled law enforcement to better exploit the uses of DNA …


Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch May 2001

Religious Liberty At Home And Abroad: Reflections On Protecting This Fundamental Freedom, Orrin G. Hatch

BYU Law Review

No abstract provided.


Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis May 2001

Freedom Of Or Freedom From Religion? An Overview Of Issues Pertinent To The Constitutional Protection Of Religious Rights And Freedom In "The New South Africa", Lourens Du Plessis

BYU Law Review

No abstract provided.


Political Psychology In Yugoslavia: An Overview, Ibpp Editor Apr 2001

Political Psychology In Yugoslavia: An Overview, Ibpp Editor

International Bulletin of Political Psychology

This article (with minimal editing by IBPP) has been written by a new IBPP Regional Editor, Natasa Bajic, a psychologist who resides in Serbia. In the article, she provides an overview of political psychology within Yugoslavia.


Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students Apr 2001

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …


Globalization And The Nation State, Jayantha Dhanapala Apr 2001

Globalization And The Nation State, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

15 pages.