Law Commons^™

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …

Novartis And The U.N. Global Compact Initiative, Lee A. Tavis

Vanderbilt Journal of Transnational Law

The U.N. Global Compact initiative evolved from a challenge posed by Secretary-General Kofi Annan to the business community at the World Economic Forum in Davos in January 1999. "I call on you--individually through your firms, and collectively through your business associations--to embrace, support, and enact a set of core values in the areas of human rights, labor standards and environmental practices." His vision is "to give a human face to the global market." Over a year of intense interaction among business chief executive officers and associations, non-governmental organizations, labor unions, and four U.N. agencies led to the formulation of nine …

American Judges And International Law, A. M. Weisburd

Vanderbilt Journal of Transnational Law

This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero

Faculty Scholarship

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Bi-Polar And Polycentric Approaches To Human Rights And The Environment, Michael Burger

Sabin Center for Climate Change Law

Within the well-established human rights system, there exist at least three ways to promote environmental ends (each of which is discussed further in Section III below): (1) mobilizing existing rights to achieve environmental ends; (2) reinterpreting existing rights to include environmental concerns; and (3) creating new rights, such as the right to a clean environment. To justify engaging in any one of these processes, an advocate must recognize both their moral legitimacy and legal utility. As one author has argued, "the justification for rights is to be found in the way in which they enable us to address a key …

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Roots "Resolving The Death Penalty: Wisdom From The Ancients", Robert Blecker

Articles & Chapters

Lest it be cruel and unusual, the U.S. Supreme Court has held, capital punishment must be consistent with the evolving standards of decency of a maturing society. Although controversy swirls around our current sense of decency, this Society's changing standards are largely the product of deeply embedded traditions and an unchanging cultural core. Thus, virtually every heated death penalty debate today requires us not only to take the temperature of the people, but also to appreciate their temperament.

ROOTS: Resolving the Death Penalty: Wisdom from the Ancients reflects the current controversy back onto the core of Western Culture - the …

Women's Human Rights And The Conversation Across Cultures, Penelope Andrews

Articles & Chapters

This comment examines the vision of women's rights and equality as outlined in CEDAW. It raises some of thepossibilities and limitations associated with universalizing legal norms in a context of enormous global disparities, particularly in material and cultural terms.

International Law: Valdez V. State Of Oklahoma And The Application Of International Law In Oklahoma, Jeffrey L. Green

Oklahoma Law Review

No abstract provided.

Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa

Articles by Maurer Faculty

Human rights language is particularly attuned to setting out the goals of protecting the worlds least protected people. As human rights advocates have entered negotiations with international economic institutions and transnational corporations (TNCs), such negotiations have often resulted in an alternative language to describe the necessity of protecting and promoting human rights. After describing the progressive inclusion of human rights ideas by TNCs, the World Bank, the IMF, and the WTO, this Article argues that, while such inclusion is a benefit to the human rights movement, the creation of an alternative language to describe human rights goals is potentially detrimental. …

Economic And Social Rights In The United States: An Overview Of The Domestic Legal Framework, Jessica Schultz

Human Rights Brief

No abstract provided.

Might V. Right: Charles Taylor And The Sierra Leone Special Court, Kathy Ward

Human Rights Brief

No abstract provided.

One Step Forward, Two Steps Back: Democracy And Legal Reform In Morocco, Abderrahim Sabir

Human Rights Brief

No abstract provided.

The Human Rights Framework Applicable To Trafficking In Persons And Its Incorporation Into Unmik Regulation 2001/4, John Cerone

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Lilah Rosenblum, Patricia Staible, Kristin Edison

Human Rights Brief

No abstract provided.

International Legal Updates, Meghan Stewart, Sara Ibrahim, Patricia Staible

Human Rights Brief

No abstract provided.

United Nations Update, Nicole Trudeau

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson

Human Rights Brief

No abstract provided.

Ngo Update, Human Rights Brief

Human Rights Brief

No abstract provided.

The Revocation Of Dual Citizenship In Turkmenistan, Lynn Shaver

Human Rights Brief

No abstract provided.

Can The U.S. Courts Learn From Failed Terrorist Trials By Military Commission In Turkey And Peru?, Richard Wilson

Human Rights Brief

No abstract provided.

Freedom Of Expression Under The European Convention On Human Rights: A Comparison With The Inter-American System Of Protection Of Human Rights, Amaya Ubeda De Torres

Human Rights Brief

No abstract provided.

Indigenous Peoples’ Rights To Land, Territories, And Natural Resources: A Technical Meeting Of The Oas Working Group, Osvaldo Kreimer

Human Rights Brief

No abstract provided.

The New European Union Directive On Sexual Harassment And Its Implications For Greece, Mary Ellen Tsekos

Human Rights Brief

No abstract provided.

United States Detainees At Guantánamo Bay: The Inter-American Commission On Human Rights Responds To A "Legal Black Hole" , Richard J. Wilson

Human Rights Brief

No abstract provided.

Attacks From Within: Zimbabwe's Assault On Basic Freedoms Through Legislation, Jamal Jafari

Human Rights Brief

No abstract provided.

Child Soldiers And The Capacity Of The Optional Protocol To Protect Children In Conflict, Shara Abraham

Human Rights Brief

No abstract provided.

Conflict Mapping: Innovation In International Responses In Post-Conflict Societies, Wendy S. Betts, Gregory Gisvold

Human Rights Brief

No abstract provided.