Law Commons^™

Black V. Virginia553 S.E.2d 738 (Va. 2001), Deborah Tang

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Palestinian Refugees And Their Legal Status: Rights, Politics, And Implications For A Just Solution, Susan M. Akram

Faculty Scholarship

The Palestinian refugee problem is one of the longest-lasting refugee crises in the world——now exceeding fifty-three years——without a real solution in sight. Although at its core a political problem, the Palestinian refugee crisis is also a problem of legal distortion: Palestinian refugees fall into a legal lacuna that sets them outside minimal international protections available for all other refugee groups in the world. This paper provides background to the legal anomaly that sets Palestinian refugees apart; discusses the legal, practical, and political implications of that status; and proposes a framework and mechanisms aimed at promoting a rights-based solution for the …

Human Rights Beyond The War On Terrorism: Extradition Defenses Based On Prison Conditions In The United States, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

The death penalty presents an issue where a clearly stated norm that is widely held by U.S. allies exists in stark contrast to U.S. practices. The war on terrorism has shone a spotlight on European refusals to extradite terrorists who are accused of capital crimes, but such refusals are double-edged from a human rights perspective. Although capital punishment would seem to be a natural testing ground for human rights advocates to expand the internalization of international norms in the United States, human rights law arguments that support abolishing the death penalty risk making international opinion seem irrelevant or even hostile …

Human Rights In China In The Context Of The Rule Of Law: Hearing Before The Congressional-Executive Commission On China, 107th Cong., Feb. 7, 2002 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.

Groping Towards Utopia (Ii): Speculations On Law, Policy, And Human Life, James Ottavio Castagnera

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …

80 Years Too Late: The International Criminal Court And The 20th Century's First Genocide, John Shamsey

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Human Rights Institutions In Africa, Mary Ellen Tsekos

Human Rights Brief

No abstract provided.

News From The Inter-American System, Ismene Zarifis

Human Rights Brief

No abstract provided.

United States Court Finds Unocal May Be Liable For Aiding And Abetting Human Rights Abuses In Burma, John Cheverie

Human Rights Brief

No abstract provided.

Romagoza V. García: Proving Command Responsibility Under The Alien Tort Claims Act And The Torture Victim Protection Act, Beth Van Schaack

Human Rights Brief

No abstract provided.

The Un World Conference Against Racism:A Race-Ethnic And Gender Perspective, Celina Romany, Katherine Culliton

Human Rights Brief

No abstract provided.

Legislative Focus: Foreign Terrorist Military Tribunal Authorization Act Of 2001, Erin Chlopak

Human Rights Brief

No abstract provided.

Dealing With International Aids: A Case Study In The Challenges Of Globalization, 35 J. Marshall L. Rev. 381 (2002), John G. Culhane

UIC Law Review

No abstract provided.

Virginity Testing In Turkey: A Violation Of Women’S Human Rights, Chanté Lasco

Human Rights Brief

No abstract provided.

Minority Rights: The Failure Of International Law To Protect The Roma, Mary Ellen Tsekos

Human Rights Brief

No abstract provided.

Truth As Right And Remedy In International Human Rights Experience, Thomas M. Antkowiak

Michigan Journal of International Law

This Note seeks to explore the origins, scope, and key possibilities of an evolving right to the truth. It will argue that truth is not only an essential component of the universally recognized "right to an effective remedy," but that it also serves as the gateway to a broader reparative framework necessary for victims of gross human rights abuse. The analysis shall span the Inter-American, European, and United Nations systems of human rights protection, and also will treat the burgeoning idea of the truth commission, a very prominent means of extra-judicial inquiry in contemporary transitional societies. At the conclusion, the …

Burma’S Democratic Transition: The Internationalization Of Justice, The Challenge Of Legitimacy, And The Necessity Of Facing Past Political Violence, Daniel Rothenberg

Human Rights Brief

No abstract provided.

Legislative Watch, Human Rights Brief

Human Rights Brief

No abstract provided.

Development Genocide And Ethnocide: Does International Law Curtail Development-Induced Displacement Through The Prohibition Of Genocide And Ethnocide?, Stefanie Ricarda Roos

Human Rights Brief

No abstract provided.

News From The Inter-American System , Megan Hagler

Human Rights Brief

No abstract provided.

The United States' Position On The Death Penalty In The Inter-American Human Rights System, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Opening The Dichotomy Of Universalism And Relativism, Chih-Yu Shih

Human Rights & Human Welfare

A review of:

Negotiating Culture and Human Rights edited by Linda S. Bell, Andrew J. Nathan and Ilan Peleg. New York: Columbia University Press, 2001. 428 pp.

and

East Meets West: Human Rights and Democracy in East Asia by Daniel A. Bell. Princeton: Princeton University Press, 2000. 369 pp.

Persecution In The Fog Of War: The House Of Lords’ Decision In Adan, Michael Kagan, William P. Johnson

Scholarly Works

International law requires that a refugee have a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group. It is not enough to be at risk of being persecuted, nor is it even enough to be a member of a particular race or religion. There must be a “nexus” between the danger and one of the five Convention-recognized reasons for persecution. In the 1998 decision in Adan v. Secretary of State for the Home Department, the House of Lords concluded that a man fleeing clan warfare in Somalia could not …

Protection Of Female Prisoners: Dissolving Standards Of Decency, Martin A. Geer

Scholarly Works

Almost fifty years ago, the United Nations set standards that reached international consensus and limited male correctional employees’ activities in female inmate residences. These restrictions were of particular importance to women prisoners. It is well documented that female prisoners who are particularly vulnerable, are traumatized by unwanted touching, assault, harassment, and invasion of their physical privacy and integrity. Despite this population’s history and international legal standards, there was a significant turn around in penology. The resulting cross-gender supervision for housing units and body searches became the norm in the United States.

This article examines how the U.S. penal system transposed …

Renegotiating Responsibility After Apartheid: Listening To Perpetrator Testimony , Mark Sanders

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Race-Ing And Engendering The Nation-State In Aotearoa/New Zealand , Nan Seuffert

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Immigration Law In The Supreme Court: The Flagging Spirit Of The Law, 28 J. Legis. 113 (2002), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

Human Rights, Terrorism, And Trade – Remarks By Lori Fisler Damrosch, Lori Fisler Damrosch

Faculty Scholarship

By putting human rights first and terrorism in the middle, I hope to open up questions about linkages among these regimes and whether measures within one regime can advance objectives of the others.

Interpreting U.S. Treaties In Light Of Human Rights Values, Lori Fisler Damrosch

Faculty Scholarship

International treaty law occupies a more secure place in U.S. constitutional text than customary international law. Treaties, we know, are the “supreme law of the land” under Article VI of the Constitution and are routinely applied both in state courts and in federal courts under Article III. So the “awkward relationship” to which I will address myself is how U.S. courts should determine the meaning of an international treaty to which the United States is bound, when the parties involved in court have different views on the substance of the obligation that the United States has undertaken. Thus my general …