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Articles 1 - 30 of 57
Full-Text Articles in Law
Never Trust A Corporation, William Wilson Bratton
Never Trust A Corporation, William Wilson Bratton
Articles
I would like to start by noting multitudinous objections to assertions made in Larry Mitchell's Corporate Irresponsibility: America's Newest Export. But I waive these points for purposes of this Symposium. I would prefer to take the occasion to celebrate the book. So I will make two points on the subject of corporate social responsibility on which the book and I stand in complete accord.
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White
All Faculty Scholarship
No abstract provided.
Reflections On Racism And World Order, Winston P. Nagan
Reflections On Racism And World Order, Winston P. Nagan
UF Law Faculty Publications
This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is …
Pay Equity: A Fundamental Human Right, Margot Young
Pay Equity: A Fundamental Human Right, Margot Young
All Faculty Publications
This paper undertakes the limited task of determining what interpretive consequences, if any, might flow from the removal of federal pay equity provisions from their current location in the Canadian Human Rights Act and placement of such provisions in their own stand-alone legislation. Part of the interpretive stance courts currently bring to their consideration of the federal pay equity provisions reflects the placement of these provisions within federal human rights legislation. Courts have held that human rights legislation has a special nature or quasi-constitutional status. This status results from the fundamental character of the values the legislation expresses and the …
The Challenge Of Creating 'A World Fit For Children', Jonathan Todres
The Challenge Of Creating 'A World Fit For Children', Jonathan Todres
Faculty Publications By Year
No abstract provided.
National Post, James Stribopoulos
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl
Faculty Publications
No abstract provided.
Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong
Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong
Faculty Publications
Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs
Georgetown Law Faculty Publications and Other Works
The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed, leaves asylum …
Who Should Watch Over Refugee Law?, James C. Hathaway
Who Should Watch Over Refugee Law?, James C. Hathaway
Articles
On 13 December 2001, states committed themselves" ... to consider ways that may be required to strengthen the implementation of the 1951 Convention and/or 1967 Protocol". It is wonderful that after half a century we may finally be on the verge of taking oversight of the treaty seriously.
Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles
Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles
Cornell Law Faculty Publications
This essay traces the relationship between activists and academics involved in the campaign for “women’s rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The paper …
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
The Thirteenth Amendment And Slavery In The Global Economy, Tobias Barrington Wolff
All Faculty Scholarship
The globalization of industry has been accompanied by a globalization of labor exploitation. With increasing frequency, U.S.-based multinational corporations are carrying on their foreign operations through the deliberate exploitation of involuntary or slave labor. This development in the foreign labor practices of U.S. entities heralds a new era of challenge and transformation for the Thirteenth Amendment and its prohibition on the existence of slavery or involuntary servitude. It has become necessary to reexamine the range of activities in American industry - and American participation in global industry - that the amendment reaches. I begin that reexamination here. In this article, …
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan
UF Law Faculty Publications
This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …
Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With Azizah Al-Hibri, Hisham Elkoustaf, Azizah Al-Hibri, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For transcript, click the Download button above. For video index, click the link below.
Professor Azizah al-Hibri (L '85) is a Professor Emerita at the University of Richmond Law School, having served on the faculty from 1992 until her retirement in 2012. Her work has centered on developing an Islamic jurisprudence and body of Islamic law that are gender equitable and promote human rights and democratic governance. Professor al-Hibri has authored numerous book chapters, essays, and law review articles on these subjects, and her work has appeared in the highly respected Journal of Law and Religion, Harvard International Review …
Human Rights In China In The Context Of The Rule Of Law: Hearing Before The Congressional-Executive Commission On China, 107th Cong., Feb. 7, 2002 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman
Testimony Before Congress
No abstract provided.
The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner
The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner
Faculty Scholarship
No abstract provided.
Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román
Reparations And The Colonial Dilemma: The Insurmountable Hurdles And Yet Transformative Benefits, Ediberto Román
Faculty Publications
The Seventh Annual Latina and Latino Critical Race Theory ("LatCrit") Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the inhabitants of United States' colonial territories. Specifically, the panel was titled "Reparations, Redress, and Remedies: Undoing the Legacy of Colonialism and Imperialism." Members of the academy as well as a representative of Puerto Rico's Independence Party participated in a lively discussion and debate. Although the articles resulting from this panel …
An Overview: International Human Rights And Mental Disability Law, Michael L. Perlin
An Overview: International Human Rights And Mental Disability Law, Michael L. Perlin
Articles & Chapters
No abstract provided.
United Kingdom Transgender Win, Arthur S. Leonard
United Kingdom Transgender Win, Arthur S. Leonard
Other Publications
No abstract provided.
Human Rights Policy In The Age Of Terrorism, Juan E. Mendez
Human Rights Policy In The Age Of Terrorism, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green
Gender Hate Propaganda And Sexual Violence In The Rwandan Genocide: An Argument For Intersectionality In International Law, Llezlie Green
Articles in Law Reviews & Other Academic Journals
This article explores the gendered dimensions of genocidal hate propaganda before and during the Rwandan genocide and proposes that the international tribunal consider these cases with an intersectional approach that attempts to fully appreciate the harm inflicted upon Tutsi women.
Environmental Law Of Armed Conflict, Nada Al-Duaij
Environmental Law Of Armed Conflict, Nada Al-Duaij
Dissertations & Theses
This thesis explains the law of the environment during armed conflicts in five parts. Part One, “General Background of Armed Conflict,” focuses on the nature of armed conflict, including international and national disputes, civil war, and the problem of applying international legal duties to internal belligerents, the impact of armed conflict on civilians, and the environmental impact of preparing for, engaging in, and recovering from armed conflict. Part Two, “Environmental Protection in International Humanitarian Law,” examines the definition of international humanitarian law (IHL), focusing particularly on the environmental protection provisions in the IHL and its current inadequacy as a tool …
Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman
Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman
UIC Law Open Access Faculty Scholarship
No abstract provided.
Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii
Rights, Patents, Markets And The Global Aids Pandemic, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark
Carter's Groundbreaking Appointment Of Women To The Federal Branch: His Other Human Rights Record, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein
European Courts, American Rights: Extradition And Prison Conditions, Daniel J. Sharfstein
Vanderbilt Law School Faculty Publications
Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering v. United Kingdom against this background and analyzes its scholarly reception, influence on international and foreign jurisprudence, and lack of effect in the United States. Part III explores the implications of SOERING for defenses to extradition based on prison conditions: whether prison conditions in the United States could conceivably rise to the level of a human rights violation, whether the European Court of Human Rights …