Law Commons^™

The German Headscarf Debate, Axel Frhr. Von Campenhausen

BYU Law Review

No abstract provided.

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane B. Baron

Michigan Law Review

Could it be that understanding homelessness and poverty is less a function of understanding the homeless and the poor than of understanding how the wealthy come to ignore and tolerate them? This is one of the more intriguing suggestions of anthropologist Kim Hopper's Reckoning with Homelessness, and it echoes claims made by lawyers who, like Hopper, have spent much of their careers advocating on behalf of the homeless. While Hopper's new book is first and foremost a work of anthropology, its structure strongly parallels recent work by legal scholars who have sought to assess the effects of litigation and lobbying …

Justice For The Collective: The Limits Of The Human Rights Class Action, Paul R. Dubinsky

Michigan Law Review

The class action lawsuit is our grand procedural experiment in collective justice. As against the U.S. legal system's strong orientation toward individual rights rather than group rights, the class action is a countercurrent. Through Rule 23 of the Federal Rules of Civil Procedure, large numbers of previously unaffiliated individuals can proceed in federal court as a group, litigating through representatives. A recent form of this litigation, the human rights class action, takes this experiment to its far reaches. In the human rights class action, the tension between individual claimants and the group as a whole can be heightened. The class …

Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch

BYU Law Review

No abstract provided.

Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari

BYU Law Review

No abstract provided.

Advances In Religious Liberty In Peru, Guillermo Garcia-Montufar, Moises Arata Solis, Scott E. Isaacson

BYU Law Review

No abstract provided.

Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn

BYU Law Review

No abstract provided.

Sell V. United States: Involuntary Administration Of Antipsychotic Medication To Criminal Defendants, Brandy M. Rapp

University of Richmond Law Review

No abstract provided.

Human Development Challenges In Africa: A Rights-Based Approach, Dejo Olowu

San Diego International Law Journal

This paper examines this plethora of questions and attempts to move the theory of human development in Africa beyond the traditional confines of its macroeconomic and political propositions. The paper assesses the concept of human development within the broader discourse on the role of human rights in global development, highlighting the overall African context of the subject. Against the backdrop of remarkably increasing scholarly efforts aimed at establishing human development as a human rights question, this paper evaluates the capacity of existing and emerging human rights frameworks relevant to Africa, and identifies viable trajectories for result-oriented human development actions.

Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer

San Diego International Law Journal

This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …

Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin

San Diego International Law Journal

This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …

Profitable Proposals: Explaining And Addressing The Mail-Order Bride Industry Through International Human Rights Law, Vanessa Brocato

San Diego International Law Journal

This Article looks at the MOBI in the United States through the lens of international human rights. Part II will describe the MOBI. Part III will evaluate the MOBI within an international human rights framework. Part IV will examine current U.S. legislation relating to the MOBI. Part V suggests strategies for addressing the MOBI. Nations will not be able to solve the problem independently because the MOBI is a transnational phenomenon. Conducting a critique of marriage brokers in a human rights context can help place problems caused by the MOBI at the forefront of international debate. Applying current human rights …

From The Nuremberg Charter To The Rome Statute: Defining The Elements Of Crimes Against Humanity, Mohamed Elewa Badar

San Diego International Law Journal

The purpose of this study is to examine the past and present contours of the prohibition of "crimes against humanity", analyzing and scrutinizing the essential elements of this crime, with a view to obtaining and drawing together basic criteria that could eventually guide the adjudication of this offence. Furthermore, this clarification of "crimes against humanity" is particularly timely with respect to the soon functioning International Criminal Court (ICC).

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

Rumsfeld V. Padilla: Brief Amicus Curiae Of Comparative Law Scholars And Experts On The Laws Of The United Kingdom And Israel In Support Of Respondent, Samuel R. Gross, J. Christopher Mccrudden

Appellate Briefs

Amici are comparative law scholars and experts on the laws of the United Kingdom of Great Britain and Northern Ireland and the State of Israel.

Both terrorism and democratic values transcend borders. Democratic allies of the United States also face threats of terrorism. Some, notably the United Kingdom and Israel, have long histories of fighting terrorism. This brief documents how dramatically the indefinite, incommunicado detention to which Petitioner has subjected Jose Padilla departs from the minimum procedural protections that other democracies provide detained suspected terrorists. Each of these democratic allies uses four controls to constrain executive authority to detain suspected …

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Rumsfeld V. Padilla: Brief For Amici Curiae Law Professors In Support Of Respondent, Reuven S. Avi-Yonah

Appellate Briefs

Amici Curiae are law professors who are concerned about the human rights questions involved in this matter. Amici support affirmance and write to situate the issues in this case within the broader context of international human rights law. Amici believe that this Court's analysis of the decision rendered by the Second Circuit should take into account the serious rights questions raised by the assertion of executive authority to designate, detain, and isolate people deemed "enemy combatants" or any equivalent category. These concerns weigh strongly against endorsement of such broad, unilateral executive power and in favor of a strict construction of …

Reverse Moderate Relativism Applied: Third Generation International Human Rights From An Islamic Perspective, Jason G. Morgan-Foster

ExpressO

This article develops my reverse moderate relativist theory on the universality of human rights, which I proposed in an article forthcoming in the ILSA J. Intl. & Comp. L. In this prior work, I argued that the debate over the universality of international human rights norms is too constrained, and that the three most popular theories in the universality debate – universalism, strict cultural relativism, and moderate cultural relativism – are each conceptually flawed. Universalism is untenable, because it eliminates the tensions between various cultures simply by ignoring them. Strict cultural relativism is unsatisfactory, because it discredits the whole field …

Iran: Civil Society Versus Judiciary, A Struggle For Human Rights, Anisseh Van Engeland-Nourai

Cornell Law School Inter-University Graduate Student Conference Papers

Iran faces many different challenges, both international and internal when it comes to human rights. Since the beginning of the improvements in 1997, the civil society voices its will for changes. It has grown stronger and today the Iranian civil society attempts to reform the country’s rough human rights. Their efforts are grounded in social actions. Reforms are consequently no longer coming from the top to the bottom but from the bottom to the top. Conservatives disagree with those threatening changes and respond through a variety of forms. One of the methods used are legal means. The Iranian judiciary represses …

Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir

Cornell Law School Inter-University Graduate Student Conference Papers

In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …

The Central Case Approach To Human Rights: Its Universal Application And The Singapore Example, Tai-Heng Cheng

Washington International Law Journal

Human rights situations are often analyzed and described in binary terms, that is, whether rights have been violated or upheld. This Article argues that it is more meaningful to measure human rights situations in terms of deviations from a central case of key characteristics, and to understand the subtle interplay of social, political, and economic vectors that cause such deviations. Using Singapore as a case study, this Article demonstrates that in any State the real human rights situation revealed by central case analysis can be dramatically different than the traditional binary assessment of that situation. The Article concludes by showing …

1789 Renewed? Prospects Of The Protection Of Human Rights In Europe, Matthias Mahlmann

Cardozo Journal of International and Comparative Law

The European Charter of Fundamental Rights, proclaimed in 2000, has sparked significant debate as it aims to enhance human rights protection in Europe while facing criticism for being symbolic and potentially undermining legal culture. The Charter, though not legally binding, was drafted with the intent to become part of the European Constitution, thereby gaining enforceability. It incorporates various rights, including civil liberties, participatory rights, and social rights, balancing traditional legal principles with modern challenges like bioethics and data protection. The European Court of Justice has increasingly applied the Charter in interpreting European law, developing a doctrine of uniform limitations on …

The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.

Imperatives Of Culture And Race For Understanding Human Rights Law: Human Rights: A Political And Cultural Critique Makau Mutua, Henry J. Richardson Iii

Buffalo Law Review

No abstract provided.

Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Virginia V. Black,123 S. Ct. 1536 (2003), Angela R. Ernst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

"Accommodations" For The Learning Disabled: A Level Playing Field Or Affirmative Action For Elites?, Craig S. Lerner

Vanderbilt Law Review

A growing number of students in American higher education are being diagnosed as "learning disabled" and then using that diagnosis to secure beneficial "accommodations," such as extra time on exams. These accommodations are often said to be mandated by the Americans with Disabilities Act (ADA). This Article challenges the premise that the ADA necessarily requires educational institutions to provide learning disabled students with any accommodations. The ADA defines "disability" as an impairment that substantially limits a major life activity. Whether one is substantially limited is determined with reference not to one's innate abilities, but to the skills of the average …

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.