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Full-Text Articles in Law

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii Aug 2007

Luncheon Address International Legal Public Diplomacy, John B. Bellinger Iii

International Law Studies

No abstract provided.


Torture And Islamic Law, Sadiq Reza Jul 2007

Torture And Islamic Law, Sadiq Reza

Faculty Scholarship

This article considers the relationship between Islamic law and the absence or practice of investigative torture in the countries of today's Muslim world. Torture is forbidden in the constitutions, statutes, and treaties of most Muslim-majority countries, but a number of these countries are regularly named among those in which torture is practiced with apparent impunity. Among these countries are several that profess a commitment to Islamic law as a source of national law, including some that identify Islamic law as the principal source of law and some that go so far as to declare themselves "Islamic states." The status of …


Dark Ages Of Human Rights?, Linda A. Malone Jan 2007

Dark Ages Of Human Rights?, Linda A. Malone

Faculty Publications

No abstract provided.


Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell Jan 2007

Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell

Faculty Scholarship

Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition -- and international law generally -- poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question …


The Ethics Of Torture, Rebecca Evans Jan 2007

The Ethics Of Torture, Rebecca Evans

Human Rights & Human Welfare

A review of:

Torture: Does It Make Us Safer? Is It Ever OK? A Human Rights Perspective. Edited by Kenneth Roth and Mindy Worden. New York: The New Press, 2005. 201 pp.


“I’M Just Talking About The Law”: Guantánamo And The Lawyers, Marten Zwanenburg Jan 2007

“I’M Just Talking About The Law”: Guantánamo And The Lawyers, Marten Zwanenburg

Human Rights & Human Welfare

A review of:

Guantánamo: The War on Human Rights by David Rose. New York: The New Press, 2004.


Mind The Gap: Purpose, Pain, And The Difference Between Torture And Inhuman Treatment, Christian M. De Vos Jan 2007

Mind The Gap: Purpose, Pain, And The Difference Between Torture And Inhuman Treatment, Christian M. De Vos

Human Rights Brief

No abstract provided.


Waterboarding Prisoners And Justifying Torture: Lessons For The U.S. From The Chilean Experience, Cristián Correa Jan 2007

Waterboarding Prisoners And Justifying Torture: Lessons For The U.S. From The Chilean Experience, Cristián Correa

Human Rights Brief

No abstract provided.


Physicians And Torture: Lessons From The Nazi Doctors, George J. Annas Jan 2007

Physicians And Torture: Lessons From The Nazi Doctors, George J. Annas

Faculty Scholarship

How is it possible? What are the personal, professional and political contexts that allow physicians to use their skills to torture and kill rather than heal? What are the psychological characteristics and the social, cultural and political factors that predispose physicians to participate in human rights abuses? What can be done to recognize at-risk situations and attempt to provide corrective or preventive strategies? This article examines case studies from Nazi Germany in an attempt to answer these questions. Subjects discussed include the psychology of the individual perpetrator, dehumanization, numbing, splitting, omnipotence, medicalization, group dynamics, obedience to authority, diffusion of responsibility, …


Human Rights Outlaws: Nuremberg, Geneva, And The Global War On Terror, George J. Annas Jan 2007

Human Rights Outlaws: Nuremberg, Geneva, And The Global War On Terror, George J. Annas

Faculty Scholarship

International human rights law was born from the ashes of World War II. The most important post-World War II products are the United Nations, the Nuremberg Trials, the Universal Declaration of Human Rights, and the Geneva Conventions of 1949. But that was not the end of the story. International human rights law continued to develop and expand right up to September 11,2001, most notably through the adoption of the International Covenant on Civil and Political Rights2 and the Convention Against Torture, 3 and the establishment of the International Criminal Court.4 With the exception of the criminal court, the United States …