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Articles 1 - 30 of 280
Full-Text Articles in Law
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
The Ohio State University Moritz College of Law Working Paper Series
US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …
Justice In The Palestine-Israel Conflict, John B. Quigley
Justice In The Palestine-Israel Conflict, John B. Quigley
The Ohio State University Moritz College of Law Working Paper Series
Military-territorial conflicts are typically addressed by the international community on the basis of considerations of justice, meaning relevant standards accepted by the community of states for conduct among states and peoples. If such standards are followed, resulting agreements stand a greater chance of providing for a lasting peace. In the conflict over historic Palestine, considerations of justice have had to compete with considerations of major-power policy, from early twentieth century to the present. When negotiations re-commence, the international community should ensure that they be conducted with considerations of justice at the forefront. If that approach is taken, in particular regarding …
Batasuna Banned: The Dissolution Of Political Parties Under The European Convention Of Human Rights, Thomas Ayres
Batasuna Banned: The Dissolution Of Political Parties Under The European Convention Of Human Rights, Thomas Ayres
Boston College International and Comparative Law Review
This Note reviews the history of Basque terrorism in Spain and the Spanish's government's recent decision to ban Batasuna, the political party affiliated with the militant group, ETA. Although Article 11 of the European Convention for the Protection of Human Rights and Fundamental Freedoms affords Spanish citizens the freedom of association, it recognizes Spain's need to protect its citizens from terrorist violence. This Note argues that the European Court of Human Rights, based on relevant case law, will most likely find that Batasuna's dissolution does not violate Article 11 because it is necessary and proportional to the end of protecting …
Peoples Or Persons? Revising Rawls On Global Justice, Gary Chartier
Peoples Or Persons? Revising Rawls On Global Justice, Gary Chartier
Boston College International and Comparative Law Review
John Rawls's The Law of Peoples offers an account of international justice grounded in a hypothetical contract between "peoples." I argue that a model of transnational justice rooted in a hypothetical agreement among deliberators representing individual persons-like the one that provides the basis for Rawls's account of domestic justice-would be preferable. In Part I, I focus on Rawls's idea of a "people" before critiquing his almost non-existent argument for beginning with peoples rather than persons. In Part II, I examine the nature of the human rights protections that follow from Rawls's starting point and the appropriate responses of liberal societies …
The Role Of International Human Rights And The Law Of Diplomatic Protection In Resolving Zimbabwe’S Land Crisis, Jonathan Shirley
The Role Of International Human Rights And The Law Of Diplomatic Protection In Resolving Zimbabwe’S Land Crisis, Jonathan Shirley
Boston College International and Comparative Law Review
Zimbabwe's most recent land reform program has targeted thousands of commercial farms for compulsory acquisition. This Note analyzes what protections and remedies reside in international human rights law and the law of diplomatic protection for commercial farmers deprived of their property as a result of this program.
Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore
Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore
Faculty Scholarship
Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …
Introduction: Death Penalty And International Law, Davison M. Douglas
Introduction: Death Penalty And International Law, Davison M. Douglas
William & Mary Bill of Rights Journal
No abstract provided.
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
Death, Dissent, And Diplomacy: The U.S. Death Penalty As An Obstacle To Foreign Relations, Mark Warren
William & Mary Bill of Rights Journal
No abstract provided.
The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore
William & Mary Bill of Rights Journal
No abstract provided.
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
No abstract provided.
Suppressing The Incriminating Statements Of Foreigners, John Quigley
Suppressing The Incriminating Statements Of Foreigners, John Quigley
William & Mary Bill of Rights Journal
No abstract provided.
Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell
Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell
Vanderbilt Law Review
One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.
As an immediate consequence, that movement …
Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt
Laying One Bankrupt Critique To Rest: "Sosa V. Alvarez-Machain" And The Future Of International Human Rights Litigation In U.S. Courts, Ralph G. Steinhardt
Vanderbilt Law Review
In offering a form of civil redress to the victims of international human rights violations, litigation under the Alien Tort Statute ("ATS") has come to reflect in microcosm the ways that international law and practice have changed in the last half century. Specifically, the successful ATS cases since the Second Circuit's seminal decision in Fildrtiga v. Peia-Irala illustrate the blurring of certain structural distinctions that had long given international law its characteristic shape, especially the distinctions between public and private international law, between treaties and custom, between state and nonstate actors, between international and domestic law, and between lex lata …
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Vanderbilt Law Review
On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.
The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …
With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack
With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack
Vanderbilt Law Review
It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …
Placing Blame Where Blame Is Due: The Culpability Of Illegal Armed Groups And Narcotraffickers In Colombia's Environmental And Human Rights Catastrophes, Luz E. Nagle
William & Mary Environmental Law and Policy Review
No abstract provided.
Lisa Schechtman On Reproductive Health And Human Rights: Integrating Medicine, Ethics, And Law By Rebecca J. Cook, Bernard M. Dickens, And Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 Pp., Lisa Schechtman
Human Rights & Human Welfare
A review of:
Reproductive Health and Human Rights: Integrating Medicine, Ethics, and Law by Rebecca J. Cook, Bernard M. Dickens, and Mahmoud F. Fathalla. Oxford: Oxford University Press, 2003. 554 pp.
Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe
Providing Access To Generic Antiretroviral Drugs To People Living With Hiv/Aids In Developing Countries: An Examination Of Legal Obligations, Cheluchi Onyemelukwe
LLM Theses
The HIV/AIDS epidemic is a devastating medical, social and economic problem in many developing countries. Presently, the only therapeutic remedies for the disease are antiretroviral drugs, which do not cure HIV/AIDS but are effective in restoring the health of people living with HIV/AIDS. Unfortunately, these drugs are unavailable to many people living with the disease in developing countries. This has been attributed to the exorbitant prices resulting from the patent rights of multinational pharmaceutical companies over the drugs. Legal literature has therefore focused principally on intellectual property rights as obstacles to access to antiretroviral drugs in developing countries. This thesis, …
Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio
Introduction To The Symposium: Linking The Environment And Human Rights: A Global Perspective, Stephen T. Del Percio
William & Mary Environmental Law and Policy Review
No abstract provided.
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
“Ua Koe Ke Kuleana O Na Kanaka” (Reserving The Rights Of Native Tenants): Integrating Kuleana Rights And Land Trust Priorities In Hawai`I, Jocelyn B. Garovoy
ExpressO
No abstract provided.
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
University of San Diego Public Law and Legal Theory Research Paper Series
This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …
Income, Work And Freedom, Philip L. Harvey
Income, Work And Freedom, Philip L. Harvey
ExpressO
The ability of public policies to secure the economic and social rights recognized in the Universal Declaration of Human Rights is proposed as a trumping supplement to the utility-maximization criterion of neo-classical welfare economics. Two progressive proposals for ending poverty and promoting personal development and freedom are then compared using this assessment criterion. The first proposal is that society guarantee everyone an unconditional basic income (BI) without imposing work requirements in exchange for the guarantee. The second proposal is that society use direct job creation to provide employment assurance (EA) for anyone who is unable to find decent work in …
The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui
The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui
Buffalo Human Rights Law Review
No abstract provided.
Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua
Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua
Buffalo Human Rights Law Review
No abstract provided.
Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton
Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton
Buffalo Human Rights Law Review
No abstract provided.
Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini
Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini
Buffalo Human Rights Law Review
No abstract provided.
The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari
The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari
Buffalo Public Interest Law Journal
No abstract provided.
The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt
The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt
Buffalo Human Rights Law Review
No abstract provided.
The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal
The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal
Buffalo Human Rights Law Review
No abstract provided.
Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher
Paradoxes Of Health And Equality: When A Boy Becomes A Girl, Noa Ben-Asher
ExpressO
This paper is about an unusual child custody dispute between the parents of a six-year-old child and the child welfare services of Franklin County, Ohio. The conflict emerged when the child’s parents complied with their male child’s professed desire to be treated as a girl by attempting to enroll the child in the first grade as a girl. The paper treats this case as an exemplary test-case of contemporary co-dependence between scientific-medical discourse and liberal-rights discourse. The paper analyzes the positions of the two sides of the custody dispute according to the classic modern distinction between mind and body. On …