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Articles 10801 - 10830 of 12348
Full-Text Articles in Law
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Juridical And Jurisdictional Disconnects, Mark A. Drumbl
Scholarly Articles
Although extraterritorial trials for human rights abusers certainly achieve some justice, this Article posits -- through a case-study of post-genocide Rwanda -- that the effects of such trials are circumscribed by the fact they may have little meaning among perpetrators and victims in post-conflict societies. This limited meaning particularly attaches to trials conducted extraterritorially through international tribunals as well as trials conducted in foreign national courts through the exercise of what loosely is called "universal jurisdiction." This circumscribed meaning results in these trials' having limited deterrence effects, although they may go some way to satisfying the deontological need to punish …
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
Book Chapters
While many of us in the refugee protection community have traditionally seen temporary protection as something to be resisted, I believe that temporary protection could, in contrast, be a profoundly important part of a solution to the international refugee protection crisis. To make my argument that the right kind of temporary protection could be an important means to give new life to international refugee protection, I will briefly address three issues. First, I would like to suggest why it is that states around the world, in the North and increasingly in the South as well, are refusing the live up …
Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol
Latinas, Culture And Human Rights: A Model For Making Change, Saving Soul, Berta E. Hernández-Truyol
UF Law Faculty Publications
This essay provides an overview of progresses achieved for women in the Americas by virtue of the use of the human rights model to further women's rights and attain betterment of their lives. Specifically, this work reviews the location of Latinas both within and outside the United States fronteras. As women of color within larger U.S. society and as women within their comunidad Latina, Latinas experience different multifaceted subordinations. A human rights model that recognizes the multidimensional nature of gendered racial discrimination and of racialized gender discrimination can serve to improve the lives of Latinas as well as non-Latina women …
Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day
Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day
UF Law Faculty Publications
This essay scrutinizes the persistence of inequality in the United States through a human rights lens and grapples with the troubling disparities unearthed by two works: American Apartheid: Segregation and the Making of the Underclass and Black Wealth/White Wealth: A New Perspective on Racial Inequality. These two highly enlightening and, simultaneously, deeply troubling and depressing books elucidate the myriad locations at which inequalities persist and the historical, social, psychological, and legal foundations of, and explications for, such disparities in the African American community.
This work proposes a human rights paradigm that provides a methodology to analyze, deconstruct and unravel …
Turf: An Eye-Witness Account Of The Sovereign Sensitivities Of The Un Human Rights Committee, Craig M. Scott
Turf: An Eye-Witness Account Of The Sovereign Sensitivities Of The Un Human Rights Committee, Craig M. Scott
Articles & Book Chapters
In late March 1998, the author was present, as an observer, at a Human Rights Committee meeting at the United Nations in New York during which attention was drawn to an unofficial written statement drafted by the 1997- 1998 Chairperson of the Chairpersons (Philip Alston, then-Chairperson of the Committee on Economic, Social and Cultural Rights). The Human Rights Committee members understood the statement had been delivered verbatim the day before to the Commission on Human Rights by Alston on behalf of the Chairpersons. That statement was intended to inform the Commission of the Chairpersons’ latest views as contained in their …
Gender Mainstreaming In Legal And Constitutional Affairs: A Reference Manual For Governments And Other Stakeholders, Christine Chinkin
Gender Mainstreaming In Legal And Constitutional Affairs: A Reference Manual For Governments And Other Stakeholders, Christine Chinkin
Books
This is one of the sectoral guides that are part of the Gender Management System (GMS) resource kit, a series of publications presenting GMS. GMS is an innovative system developed by the Commonwealth Secretariat for gender mainstreaming. The system is a comprehensive network of structures, mechanisms and processes for bringing a gender perspective to bear on all government policies, plans, programmes and projects. The kit consists of a handbook which presents the GMS in detail; sectoral guides to gender mainstreaming in specific sectors; and resource documents to assist the user in gender analysis, monitoring, evaluation and other aspects of gender …
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Racial Profiling: Driving While Mexican And Affirmative Action, Victor C. Romero
Faculty Scholarship
This Essay will focus on "racial profiling" not just in the way people think about the term - that is, with respect to stopping motorists for traffic violations based solely on their race, so-called "Driving While Mexican" or "Driving While Black" - but also in the context of "affirmative action - namely, using race as a factor in employment and educational decisions. More broadly, then, I want us to think of "racial profiling" as simply "the use of race to develop an understanding of an individual" which moves us slightly away from more pejorative notions of the phrase that have …
On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero
On Elián And Aliens: A Political Solution To The Plenary Power Problem, Victor C. Romero
Faculty Scholarship
The poignant story of a little boy fished out of the sea after losing his mother to the elements captured the country's imagination and ignited a political firestorm. The Elián González saga drew conflicting opinions from nearly every branch of American local, state, and federal governments.
This article takes no specific position on Elián's situation. Rather, this artivle values the González story for putting a human face on often faceless legal issues. More specifically, Elián's saga raises the following important question: When should the right of the human being to be treated as an individual trump the right of government …
Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec
Lesbian, Gay, Bisexual, And Transgender Communities And Intimate Partner Violenec
Fordham Urban Law Journal
Panelist Valerie B, a survivor of domestic abuse, discussed her experience in a abusive relationship with another woman. She discussed the trauma and how she slowly got out of the relationship. Panelist Lisi Lord, associate director of programs at My Sisters' Place, then gave an overview of the things she has learned working with victims of violence on the LGBT community. She discussed some of the barriers they face as a marginalized group and how their expression of sexuality and societal response to it makes their problems unique. Panelist Lt. Grace A. Telesco, chair of the Behavioral Science Department of …
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Introduction To Torture As Tort: From Sudan To Canada To Somalia, Craig M. Scott
Articles & Book Chapters
The present work is chapter 1 of the edited volume, Torture as Tort: Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart Publishing, Oxford, 2001). At the time the book was generated, the controversial nature of seeking globalised justice through national courts had become starkly apparent in the wake of the Pinochet case in which the Spanish legal system sought extradition of the former President of Chile from the United Kingdom in order to bring him to account under Spanish criminal law for a variety of alleged violations in Chile of human rights, most notably involving torture. Yet, …
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Richmond Public Interest Law Review
On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …
Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han
Holding-Up More Than Half The Sky: Marketization And The Status Of Women In China, Anna M. Han
Faculty Publications
The purpose of this article is to examine generally how Chinese women fared under communism and more specifically, delve into how marketization has adversely impacted the status of women in China. It is this author's contention that despite the overall improvements in the standard of living, Chinese women are increasingly being marginalized economically. The long-term effects of subjugating the advancement of women for the immediate benefits of China's experimentation with a market economy hold vast implications for the future of the country. As China progresses economically, politically and socially, it cannot afford to leave half of its population behind as …
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
Richmond Journal of Law and the Public Interest
This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka
Cardozo Journal of International and Comparative Law
The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel
Cardozo Journal of International and Comparative Law
The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.
From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr
From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr
Faculty Scholarship
This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.
Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore
Whither The Accountability Theory: Second-Class Status For Third-Party Refugees As A Threat To International Protection, Jennifer Moore
Faculty Scholarship
This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases …
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Richmond Public Interest Law Review
The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
Richmond Public Interest Law Review
This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States, Catherine Powell
Dialogic Federalism: Constitutional Possibilities For Incorporation Of Human Rights Law In The United States, Catherine Powell
Georgetown Law Faculty Publications and Other Works
Discussions about the allocation of authority between federal and subfederal systems in the implementation of international human rights law typically proceed by staking out one of two initial positions. At one end of the spectrum, a traditional constitutional theory takes a restrictive view of state and local authority, envisioning hierarchical imposition of federally implemented international law norms through the federal treaty power and determination of customary international law by federal courts. At the other end of the spectrum, a revisionist theory assumes greater fragmentation and authority reserved to the states based on federalism and separation of powers limits on federal …
A Vision Of Health And Human Rights For The 21st Century: A Continuing Discussion With Stephen P. Marks, Lawrence O. Gostin
A Vision Of Health And Human Rights For The 21st Century: A Continuing Discussion With Stephen P. Marks, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
Professor Marks offers an eloquent vision of health and human rights in the 21st Century. As the Director of the Francois-Xavier Bagnoud Center for Health and Human Rights, Professor Marks ably carries the torch that Jonathan Mann lit in the field until his tragic death on September 2, 1998. Professor Marks stands along with the leading figures in health and human rights - e.g., Audrey Chapman, Sofia Gruskin, Michael Kirby, Daniel Tarantola, Brigit Toebes, Katarina Tomasevski, and Virginia Leary.
Public Health, Ethics, And Human Rights: A Tribute To The Late Jonathan Mann, Lawrence O. Gostin
Public Health, Ethics, And Human Rights: A Tribute To The Late Jonathan Mann, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The late Jonathan Mann famously theorized that public health, ethics, and human rights are complementary fields motivated by the paramount value of human well-being. He felt that people could not be healthy if governments did not respect their rights and dignity as well as engage in health policies guided by sound ethical values. Nor could people have their rights and dignity if they were not healthy. Mann and his colleagues argued that public health and human rights are integrally connected: Human rights violations adversely affect the community's health, coercive public health policies violate human rights, and advancement of human rights …
Why Supervise The Refugee Convention?, James C. Hathaway
Why Supervise The Refugee Convention?, James C. Hathaway
Articles
The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.
Review Of Human Rights In Global Politics, Christine M. Chinkin
Review Of Human Rights In Global Politics, Christine M. Chinkin
Reviews
The fiftieth anniversary of the Universal Declaration of Human Rights in 1998, coming in the decade after the resurgence of Western-style liberal democracies, has generated much writing and activity over the current status and future development of international human rights law, practice, and discourse. International lawyers tend to take for granted the canon of rights that, in the wake of the Universal Declaration, have been enshrined within the body of international instruments that have been adopted within regional and global arenas. In the 1990s, these lawyers largely turned their attention away from standard setting and to issues of effectiveness. Considerable …
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett
Richmond Journal of Law and the Public Interest
The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton
Richmond Journal of Law and the Public Interest
On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …
Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare
Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare
Richmond Journal of Law and the Public Interest
Today, despite daily struggles in courtrooms against capital punishment, there appears little legal room to challenge the death penalty. Most constitutional questions appear "settled. Given the present composition of the Supreme Court, there is scant expectation of any major reversals. Also, the Court's future is to be decided by a President who was governor of a state that has executed more people since 1976 than any other state in the nation. While abolitionist scholars and activists continue to raise constitutional issues, the most dramatic events challenging the death penalty have occurred in the larger political arena outside the courtroom. The …
Outrelativizing Relativism: A Liberal Defense Of The Universality Of International Human Rights, Robert D. Sloane
Outrelativizing Relativism: A Liberal Defense Of The Universality Of International Human Rights, Robert D. Sloane
Faculty Scholarship
This Article seeks to provide a new framework, rooted in classical liberalism, for understanding and defending the universality of international human rights. After reviewing the philosophical and historical development of the idea of universality, I argue in Part II that none of the traditional justifications for conceiving of international human rights as universal succeed. Cultural pluralism therefore must be accepted as a descriptive truth. But to acknowledge the cultural contingency of values as a descriptive claim does not, by itself, undermine the normative claim that human rights are, or should be, universal. Instead, it points to the need to justify …
The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews
The Future Of Southeast Asia: Challenges Of Child Sex Slavery And Trafficking In Cambodia, Benjamin Perrin, Shuvaloy Majumdar, Nicholas Gafuik, Stephanie Andrews
All Faculty Publications
The Cambodia Project: During 2000-2001, The Future Group launched its inaugural project in Southeast Asia to address child sex slavery and trafficking. For nearly one-hundred days, a deployment team of four worked with local organizations in Cambodia to implement new ideas to help the children affected by this crisis of international proportions. Initially, The Future Group had planned to work to implement five projects in Cambodia. After just three weeks, the deployment team was significantly ahead of schedule and began to actively identify new areas to pursue. Critical areas of need at local centres were addressed and projects that increased …
Has The Supreme Court Gone Too Far?: An Analysis Of University Of Alabama V. Garrett And Its Impact On People With Disabilities , Jaclyn L. Okin
Has The Supreme Court Gone Too Far?: An Analysis Of University Of Alabama V. Garrett And Its Impact On People With Disabilities , Jaclyn L. Okin
American University Journal of Gender, Social Policy & the Law
No abstract provided.