Law Commons^™

Religious Freedom Issues In Hungary, Balazs Schanda

BYU Law Review

No abstract provided.

Religious Liberty In Pakistan: Law, Reality, And Perception (A Brief Synopsis), Farooq Hassan

BYU Law Review

No abstract provided.

The Evolution Of Religious Freedom As A Universal Human Right: Examining The Role Of The 1981 United Nations Declaration On The Elimination Of All Forms Of Intolerance And Of Discrimination Based On Religion Or Belief, Derek H. Davis

BYU Law Review

No abstract provided.

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, …

Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith

BYU Law Review

No abstract provided.

The Effect Of International Treaties On Religious Freedom In Mexico, Ricardo Hernandez-Forcada

BYU Law Review

No abstract provided.

Religion, Church, And State In The Post-Communist Era: The Case Of Ukraine (With Special References To Orthodoxy And Human Rights Issues), Victor Yelensky

BYU Law Review

No abstract provided.

Introduction To The Vienna Declaration And Program Of Action Of Africans And African Descendants, Vernellia R. Randall

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Black V. Virginia553 S.E.2d 738 (Va. 2001), Deborah Tang

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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 …

Truth And Reconciliation Commissions: General Considerations And A Critical Comparison Of The Commissions Of Chile And El Salvador, Mark Vasallo

University of Miami Inter-American Law Review

No abstract provided.

Unintended Consequences Of United States' Foreign Drug Policy In Bolivia, Solimar Santos

University of Miami Inter-American Law Review

No abstract provided.

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.

African Private Security Companies And The Alien Tort Claims Act: Could Multinational Oil And Mining Companies Be Liable?, Jennifer L. Heil

Northwestern Journal of International Law & Business

This paper focuses specifically on the possible liability under the ATCA of multinational oil and mining companies operating in Africa. First, it will examine the relationships between the multinational oil and mining companies, private security forces and African governments. In doing so, it will describe the actual activities and operations of the private security forces in conjunction with the oil and mining corhpanies. Second, this paper will outline the elements of liability under the ATCA. This will include a discussion of recent cases in which foreign nationals have sued multinational companies in the United States for alleged human rights abuses …

The Settlement Of Nazi-Era Litigation Through The Executive And Judicial Branches, Morris A. Ratner

Faculty Scholarship

No abstract provided.

The Promise Of A Post-Genocide Constitution: Healing Rwandan Spirit Injuries, Adrien Katherine Wing, Mark Richard Johnson

Michigan Journal of Race and Law

This Article hopes to extend Critical Race Theory's social construction of race theory by emphasizing ethnicity as well as race. The Rwandans are undoubtedly within the so-called "Black race." Historically, they have also been socially constructed as consisting of different races and ethnicities, even though many scholars and Rwandans do not see ethnic, much less racial, distinctions. Some of these Rwandans who did see such differences participated in the genocide.

A Ghost Is Haunting Europe, Maria Grahn-Farley

Michigan Journal of International Law

Review of Responsible Selves: Women in the Nordic Legal Cultures (Kevät Nousiainen, Åsa Gunnarsson, Karin Lundström, & Johanna Niemi-Kiesiläinen eds.)

Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak

Michigan Journal of International Law

This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …

Repairing The Legacy Of Ins V. Elias-Zacarias, Shayna S. Cook

Michigan Journal of International Law

This Article examines the evolution of the nexus requirement in United States refugee law since the Elias-Zacarias decision. Part I discusses the Supreme Court's decision in Elias-Zacarias, identifying the choices the Court made among the arguments presented before it that resulted in the motive-oriented approach to nexus. This Part also delves into the Court's statement about the evidence required to demonstrate motive, concluding that the Court's treatment of the evidence before it foreshadows the confusion lower courts have demonstrated in evaluating evidence of motive. Part II looks at appellate decisions on the nexus issue since 1992, highlighting cases that …

Causation In Context: Interpreting The Nexus Clause In The Refugee Convention, Michelle Foster

Michigan Journal of International Law

The aim of this Article is to explore current approaches to identifying and applying the causation test inherent in the "for reasons of" clause and to attempt to devise a sui generis test appropriate to the unique aims and objects of the Convention. Part I begins by reviewing both the principles governing the causation analysis and their methods of application in different jurisdictions. Part II then proceeds to review the considerations that might inform the development of a causation standard in refugee law, including guidance that might be obtained from other areas of law, against the background of the need …

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

Articles & Chapters

No abstract provided.

United Kingdom Transgender Win, Arthur S. Leonard

Other Publications

No abstract provided.

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

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

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

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 …

Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …

The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling

Theodor JR Schilling

This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …