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- Societies Without Borders (7)
- Claudio M. Grossman (4)
- Carmen G. Gonzalez (3)
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- Indiana Journal of Global Legal Studies (2)
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- Journal Publications (2)
- Pepperdine Law Review (2)
- Abdulkadir Bolaji Abdulkadir (1)
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- Anthony Chase (1)
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- Diane Orentlicher (1)
- Dr. Lotem Perry-Hazan (1)
- Fordham Journal of Corporate & Financial Law (1)
- Herman Schwartz (1)
- Ira P. Robbins (1)
- Jonathan m Bhagan (1)
- Michael D. Cooper, Esq. (1)
- Pepperdine Dispute Resolution Law Journal (1)
- Prof. Elizabeth Burleson (1)
- Ryan S. Lincoln (1)
- San Diego International Law Journal (1)
- Yofi Tirosh (1)
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Articles 1 - 30 of 38
Full-Text Articles in Law
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon
Pepperdine Law Review
No abstract provided.
War Crimes Trials -- Not A Good Idea, Herman Schwartz
War Crimes Trials -- Not A Good Idea, Herman Schwartz
Herman Schwartz
No abstract provided.
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Diane Orentlicher
No abstract provided.
Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention Question & Answer Session , Claudio Grossman, Malcolm Evans
Panel 3: Transparency And Access Of Independent Experts To All Places Of Detention Question & Answer Session , Claudio Grossman, Malcolm Evans
Claudio M. Grossman
No abstract provided.
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Claudio M. Grossman
No abstract provided.
Panel 2: How Are Laws Applied And Detention Practices Reformed? Question & Answer Session , Steven Watt, Claudio Grossman, James Ross, Eugene Fidell
Panel 2: How Are Laws Applied And Detention Practices Reformed? Question & Answer Session , Steven Watt, Claudio Grossman, James Ross, Eugene Fidell
Claudio M. Grossman
No abstract provided.
Prologue , Claudio Grossman
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez
Book Review: Environmental Protection And Human Rights, Carmen G. Gonzalez
Carmen G. Gonzalez
This article reviews Environmental Protection and Human Rights (Cambridge University Press, New York 2011), a textbook co-authored authored by Donald K. Anton and Dinah L. Shelton. The book examines the growing recognition by scholars, activists, governments, and international and domestic tribunals of the linkages between environmental protection and human rights. Although intended for use as a law school textbook and accompanied by five online problem-oriented case studies, this comprehensive volume will also serve as a valuable reference for scholars and practitioners as well as an excellent survey for newcomers to the field.
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins
Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins
Ira P. Robbins
No abstract provided.
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun
Pepperdine Law Review
No abstract provided.
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
There Is But One Sword That Defends The Rights Of Man- Bringing Lgbt Rights Out Of The Closet, Jonathan M. Bhagan
Jonathan m Bhagan
Introduction. International norms of human rights are a powerful force for interpreting, protecting and growing rights on the domestic plane. Courts throughout the Commonwealth already look to international norms to flesh out rights, whether they are found in the constitutional jurisprudence of other common law states in Treaties or Treaty based case law. While some schools of jurisprudence claim that International and Domestic law are two separate spheres , throughout the paper it will be shown that judges have consistently looked to foreign and International Law as inspiration and support for their decisions in key human rights cases. This trend …
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Interest-Balancing Vs. Fiduciary Duty: Two Models For National Security Law, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
No abstract provided.
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
The Evolution Of A New International System Of Justice In The United Nations: The First Sessions Of The United Nations Appeals Tribunal, Tamara A. Shockley
San Diego International Law Journal
In this overview of the new U.N. administration of justice system, a review has been undertaken of the evolution of the process from the former internal justice system to the development of the new administration of justice system. The Appeals Tribunal had a partially blank slate upon which to begin a new jurisprudence in international administrative law. In the first two sessions, the Appeals Tribunal decided upon a wide range of issues ranging from receivability, case management, disciplinary measures and pension cases. As the U.N. attempts to reform and streamline its bureaucratic structure for the 21st century, the judicial tribunals …
"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver
"El Agua No Se Vende: Water Is Not For Sale!" The Latin American Water Tribunal As A Model For Advancing Access To Water, Mikita A. Weaver
Pepperdine Dispute Resolution Law Journal
At the international level, water is now understood to be a basic human right. However, conflict continues to intensify surrounding indigenous people's access to water as the resource becomes scarcer. In particular, this paper will examine the struggle of indigenous people in Latin America and the creation of the Latin American Water Tribunal (LAWT) as a solution. Section II will describe the LAWT, including the formation of the tribunal, case selection, and the structure of the public hearing. Section III will discuss both how the LAWT overcomes problems with the current legal system and the success of the tribunal as …
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle
Faculty Publications
At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …
"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson
"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson
Fordham Journal of Corporate & Financial Law
With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …
Challenges In Localizing Global Human Rights, Ranita Ray, Badana Purkayastha
Challenges In Localizing Global Human Rights, Ranita Ray, Badana Purkayastha
Societies Without Borders
Drawing from ethnographic and historical data combined with document analysis, this article addresses two issues related to the mechanisms involved in localizing global human rights ideas: 1) the disharmony that may results when global ideas are concretized in the form of domestic laws and come in conflict with the ever shifting local rights consciousness and 2) the role of habitus in determining how human rights advocates respond to changing local rights consciousness. By examining the ways in which violence against women is addressed by a human rights commission in an Indian state, the disjuncture between local appropriations of global human …
The Failures And Possibilities Of A Human Rights Approach To Secure Native American Women’S Reproductive Justice, Barbara Gurr
The Failures And Possibilities Of A Human Rights Approach To Secure Native American Women’S Reproductive Justice, Barbara Gurr
Societies Without Borders
This article has three purposes: the first is to bring to light current violations of Native American women’s basic right to health as these violations are produced by the federal government and imposed through the Indian Health Service. The second is to articulate the challenges of current human rights discourse in articulating and providing for Native Americans’ human rights within the United States. Third, this article offers a potential strategy for understanding and redressing the violation of Native women’s right to health through the rubric of reproductive justice. Drawing from over ten years of participant observation as well as semi-structured …
Indirect Violence And Legitimation: Torture, Surrogacy, And The U.S. War On Terror, Eric Bonds
Indirect Violence And Legitimation: Torture, Surrogacy, And The U.S. War On Terror, Eric Bonds
Societies Without Borders
This paper contributes to the sociological study of legitimation, specifically focusing on the state legitimation of torture and other forms of violence that violate international normative standards. While sociologists have identified important discursive techniques of legitimation, this paper suggests that researchers should also look at state practices where concerns regarding legitimacy are “built in” to the very practice of certain forms of violence. Specifically, the paper focuses on surrogacy, through which powerful states may direct or benefit from the violence carried out by client states or other armed groups while at the same time attempting to appear separate from and …
“American Exceptionalism”—On What End Of The Continuum?, Assem Hasnain, Josh King, Judith Blau
“American Exceptionalism”—On What End Of The Continuum?, Assem Hasnain, Josh King, Judith Blau
Societies Without Borders
This paper draws from global understandings about Human Rights, recasting them in terms of a sociological conception of the dimensions of a Decent Society. We pose our questions within the framework of American Exceptionalism, because the assumptions that underlie that term have never been empirically examined. Can we conclude on the basis of this analysis that America, when compared with other countries, advances human rights? No. Can we conclude on the basis of this analysis that America, when compared with other countries, is a Decent Society? No. Can we conclude on the basis of this empirical analysis that America, when …
What Does A Sociology Without Borders Look Like?, Tanya Golash-Boza
What Does A Sociology Without Borders Look Like?, Tanya Golash-Boza
Societies Without Borders
In this essay, I consider what a sociology without borders would look like through an exploration of two questions: 1) How can sociology be mobilized to make the world a better place? and 2) What does a sociology of human rights look like? To answer these questions, I take the reader through a discussion of the history of Sociologists without Borders, the influence of Professor Judith Blau, and my own excursions into the sociology of human rights in the United States and abroad.
To Be A Sociologist Without Borders, Judith Blau, Keri E. Iyall Smith
To Be A Sociologist Without Borders, Judith Blau, Keri E. Iyall Smith
Societies Without Borders
In a conversation with Keri E. Iyall Smith, Judith R. Blau shares her thoughts on the early days of Sociologists Without Borders/Sociólogos Sin Fronteras (SSF). She explains the impetus for the organization and some of its early victories. She then describes her work today with the Human Rights Center (HRC), where members of Carrboro and Chapel Hill are working together to live the dream of human rights.
Of Tools And Houses: Sociologists Without Borders And The Aaas Science And Human Rights Coalition, Bruce K. Friesen, Mark Frezzo, Brian K. Gran
Of Tools And Houses: Sociologists Without Borders And The Aaas Science And Human Rights Coalition, Bruce K. Friesen, Mark Frezzo, Brian K. Gran
Societies Without Borders
Sociologists Without Borders (SSF) has played a key role in the Science and Human Rights Coalition (SHRC) of the American Association for the Advancement of Science. This Coalition, which consists of nearly fifty scientific organizations, seeks to advance the human right to benefit from scientific progress and its application. This article critically evaluates SSF’s role in the SHRC. After providing background on the work, organization, and objectives of the Coalition, this article then elaborates on how sociologists, particularly representatives of the American Sociological Association and SSF, have collaborated with other scientists on various projects designed to implement this human right. …
Legal Approach To Domestic Violence In Malaysia And Nigeria: An Expository Study Of Experience In Selected Jurisdiction, Abdulkadir Bolaji Abdulkadir
Legal Approach To Domestic Violence In Malaysia And Nigeria: An Expository Study Of Experience In Selected Jurisdiction, Abdulkadir Bolaji Abdulkadir
Abdulkadir Bolaji Abdulkadir
No abstract provided.
Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan
Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan
Dr. Lotem Perry-Hazan
The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Reciprocal Antidiscrimination Arguments, Yofi Tirosh
Reciprocal Antidiscrimination Arguments, Yofi Tirosh
Yofi Tirosh
This Article addresses a common characteristic of antidiscrimination law: To what extent should one antidiscrimination campaign be held accountable for other, related, discriminatory structures that it does not and cannot purport to correct? Plaintiffs in antidiscrimination cases are sometimes expected to account for the larger social context in which their claim is made. Defendants invoke this larger context as a way of rebutting the discrimination claim, by arguing that the plaintiff’s claim has “discriminatory residue” that would exacerbate related discriminatory structures. For example, in a case in which same-sex couples seek the right to contract with surrogate mothers, the defendant …
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Tribes As Essential Partners In Achieving Sustainable Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Indigenous peoples have modeled sustainable development around the world. Incentivizing the innovation and instillation of wind, solar, and other renewable energy sources can come in the form of public funding, including renewable portfolio standards, feed in tariffs and green tag programs. This article analyzes ways in which tribal communities are helping to expand cooperative good governance.
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Disposable Workers: Applying A Human Rights Framework To Analyze Duties Owed To Seriously Injured Or Ill Migrants, Lori A. Nessel
Indiana Journal of Global Legal Studies
The practice of medical repatriation, or the extrajudicial deportation of seriously ill immigrants directly by hospitals, was largely unknown and under-theorized until recently. In the past few years, a number of scholars have focused on the legal and ethical issues raised by this practice. However, medical repatriation has most often been analyzed in isolation as an example of an anomalous unlawful or unethical action undertaken by hospitals, rather than as a predictable, if horrifying, extension of a legal regime that treats migrant labor as disposable. In contrast, this Article contextualizes the private deportation of migrant workers by hospitals within broader …