Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (2)
- 9/11 (1)
- Civil rights (1)
- Constitutional law (1)
- Drones (1)
-
- Economic rights (1)
- Force-feeding prisoners (1)
- Guantanamo Bay (1)
- Humanitarian concerns (1)
- Hunger Strike (1)
- International human rights (1)
- Interrogation (1)
- Judicial enforcement (1)
- Legislation (1)
- Northern Ireland (1)
- Police militarization (1)
- Political protest (1)
- Political rights (1)
- Refugee crisis (1)
- September 11th (1)
- Social rights (1)
- Terrorists (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg
The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter Jan Honigsberg
Notre Dame Journal of Law, Ethics & Public Policy
Penetrating the minds and souls of alleged terrorists while still upholding the constitution, federal law, and the human rights obligation to treat the suspects with dignity and without torture or cruel, inhuman, and degrading treatment was not the immediate objective for high-ranking American officials and military interrogators in the early years following the attacks on the World Trade Center in New York and the Pentagon in Washington, D.C. on September 11, 2001. Although the United States was a party to the Geneva Conventions (GC), the International Covenant on Civil and Political Rights (ICCPR), and the Convention Against Torture (CAT)—all three …
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Dynamic Regulatory Constitutionalism: Taking Legislation Seriously In The Judicial Enforcement Of Economic And Social Rights, Richard Stacey
Notre Dame Journal of Law, Ethics & Public Policy
The international human rights revolution in the decades after the Second World War recognized economic and social rights alongside civil and political rights. The Universal Declaration of Human Rights in 1949, the International Covenant on Economic, Social, and Cultural Rights in 1966, regional treaties, and subject-specific treaties variously describe rights to food, shelter, health, and education, and set out state obligations for the treatment of children. When they first appeared, these international, economic, and social rights instruments raised questions about whether economic and social rights are justiciable in domestic legal contexts and whether they can be meaningfully enforced by courts …
Hungary's Refugee Crisis: Why A Uniform Approach Is Not The Solution, Yvonne Kupfermann
Hungary's Refugee Crisis: Why A Uniform Approach Is Not The Solution, Yvonne Kupfermann
Notre Dame Journal of Law, Ethics & Public Policy
The recent refugee crisis that swept over many European nations requires an inquiry into how to balance humanitarian concerns with the resources of the respective nations involved. Oftentimes, the approach is purely humanitarian, placing much of the focus on inclusion and resettlement. However, countries that stray from this humanitarian approach are often criticized. This Note aims to offer a new theoretical framework for analyzing a refugee crisis of this scope. It uses Hungary as a case study to demonstrate how history can play a role in how a refugee crisis is handled and to provide concrete examples of a country …
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Competent Hunger Strikers: Applying The Lessons From Northern Ireland To The Force-Feeding In Guantanamo, Sara Cloon
Notre Dame Journal of Law, Ethics & Public Policy
The United States allows force-feeding of prisoners, regardless of their state of mind or mental health because they deem preservation of life as paramount. In the United Kingdom, a prisoner who is of a sound mind “can be allowed to starve himself to death.”1 This difference is due to the balance between the importance of preservation of life and of the right to self-determination and autonomy in medical decisions. My note will first briefly explore the history of force-feeding prisoners who are protesting for political purposes in both countries, and the relevant cases and statues that led up to the …
Can Armed Drones Halt The Trend Of Increasing Police Militarization?, Ian Thresher
Can Armed Drones Halt The Trend Of Increasing Police Militarization?, Ian Thresher
Notre Dame Journal of Law, Ethics & Public Policy
Following presidential declarations of “war” on drugs and terror, domestic law enforcement agencies were saddled with difficult and dangerous new duties. They responded to the danger by becoming more dangerous themselves; increasingly adopting the training, tactics, and equipment of the United States military. This “militarization” of domestic police officers has, predictably, led to a breakdown in community policing, almost one thousand fatal shootings by police officers per year, and growing rifts between law enforcement agencies and the communities they are sworn to protect. In this essay, I examine whether police drones armed with non-deadly force might, perhaps paradoxically, help to …