Law Commons^™

The Human Rights To Food, Medicine And Medical Supplies, And Freedom From Arbitrary And Inhumane Detention And Controls In Sri Lanka, Jordan J. Paust

Vanderbilt Journal of Transnational Law

This Essay identifies the denial of adequate and available food and the denials of adequate medicine and medical supplies in Sri Lanka as serious human rights violations. Additionally, the Author cites customary international law and international agreements to support his conclusion that the government's denial of these necessities in Sri Lanka constitute war crimes. The Author discusses the human rights violations with respect to: (1) the right to adequate food; (2) the right to adequate medicine and medical supplies; and (3) the right to freedom from arbitrary and inhumane detention and controls. The Author concludes by urging that the U.S. …

Secrets And Lies? Swiss Banks And International Human Rights, Anita Ramasastry

Vanderbilt Journal of Transnational Law

This Article explores the relationship of Swiss banks and their tradition of bank secrecy to the activities of a particular group of depositors: war criminals and other human rights violators. The Article focuses on litigation brought in U.S. courts by plaintiffs seeking access to Swiss bank deposits made by the Nazis and Ferdinand Marcos. The Article examines the possibility of holding banks accountable under international law for assisting a customer who has committed a serious breach of international law. Part I introduces the role of bank secrecy in the current litigation. Part II describes the Swiss tradition of bank secrecy. …

Ireland's Divorce Bill: Traditional Irish And International Norms Of Equality And Bodily Integrity At Issue In A Domestic Abuse Context, Anthony T. Barnes

Vanderbilt Journal of Transnational Law

On November 24, 1995, the Irish population voted to ease Ireland's constitutional ban on divorce by means of a constitutional amendment. The new amendment and the bill that effectuates it give Irish citizens a limited legal right to end their marriages for the first time in Ireland's history. The limits surrounding Irish divorce consist of a significant waiting period, a living-apart requirement, and a slant toward mediation.

This Note explores the predicaments of abused spouses and the unique risks that Ireland's divorce limitations pose to spousal abuse victims seeking to end their marriages. This Note argues that the limitations of …

Deconstructing Homo[Genous] Americanus: The White Ethnic Immigrant Narrative And Its Exclusionary Effect, Sylvia R. Lazos

Scholarly Works

This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in how we construct our values and norms, and in how Americans make sense of our chaotic social world. The assumption and mandate of sameness not only influence American culture, they also guide judges' thinking and decision-making in key …

Codification Des Regles Internationales Relatives Aux Personnes Deplacees A L'Interieur De Leur Pays: Un Domaine Ou Les Considerations Touchant Aux Droits De L'Homme Et Au Droit Humanitaire Sont Prises En Compte, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Strengthening The Inter-American Human Rights System: The Current Debate, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Separatism And The Democratic Entitlement, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Redirecting The Debate Over Trafficking In Women: Definitions, Paradigms, And Contexts, Janie Chuang

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Palabras Del Presidente De La Comision Interamericana De Derechos Humanos En La Sesion Inaugural Del 95, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause Note, Zephyr Teachout

Faculty Scholarship

The Offenses Clause of the United States Constitution gives Congress the authority to "define and punish... Offences against the Law of Nations." This Note considers whether Congress must conform to the jurisdictional rules of customary international law when legislating pursuant to the Offenses Clause.

Human Rights And Health - The Universal Declaration Of Human Rights At 50, George J. Annas

Faculty Scholarship

War, famine, pestilence, and poverty have had obvious and devastating effects on health throughout human history. In recent times, human rights have come to be viewed as essential to freedom and individual development. But it is only since the end of World War II that the link between human rights and these causes of disease and death has been recognized.1-3 The 50th anniversary of the Universal Declaration of Human Rights — signed on December 10, 1948 — provides an opportunity to review its genesis, to explore the contemporary link between health and human rights, and to develop effective human-rights …

Marriage Contracts And The Family Economy, Katharine B. Silbaugh

Faculty Scholarship

One simplified view of contract law is that the state enforces private bargains without looking into the substance of those bargains. From this contractual perspective marriage might look like a contract to exchange services and goods: love, money, the ability to have and raise children, housework, sex, emotional support, physical care in times of sickness, entertainment and so forth. But when the parties to a marriage put these terms in writing, courts only enforce the provisions governing money. This contract/family law rule of selective enforcement disproportionately benefits those who bring more money to a marriage, who are more likely to …

The Rights Of Defendants In The Icty, Tom Lynch

Human Rights Brief

No abstract provided.

War Crimes Tribunal Update, Jennifer Hentz

Human Rights Brief

No abstract provided.

Field Report: Adalah, The Legal Center For Arab Minority Rights In Israel, Sarah C. Aird

Human Rights Brief

No abstract provided.

Human Rights In Sudan In The Wake Of The New Constitution, Ghazi Suleimanr, Curtis Francis Doebble

Human Rights Brief

No abstract provided.

Legislative Focus: The Hate Crimes Prevention Act, Mair Mccafferty

Human Rights Brief

No abstract provided.

Center News: Inter-American Rights Digest Project , Barbara Cochrane

Human Rights Brief

No abstract provided.

Judiciary Firmly Under Control In Fujimori's Peru, Cathleen Caron

Human Rights Brief

No abstract provided.

International Legal Community Makes Strides In Developing International Norms For Protecting And Assisting Internally Displaced Persons, Ellen B. Zeisler

Human Rights Brief

No abstract provided.

Field Report: The Challenge Presented By The Arab Palestinian Minority In Israel, Jamil Dakwar

Human Rights Brief

No abstract provided.

Book Review: In Search Of Hidden Truths, Sarah Paoletti

Human Rights Brief

No abstract provided.

State Department Dishonored Our Treaty Obligations, Richard J. Wilson

Human Rights Brief

No abstract provided.

Trends: Teaching Torture And Oppression With U.S. Tax Dollars, Nicole Grimm, Mair Mccafferty

Human Rights Brief

No abstract provided.

Human Rights And Health Care Reform: Lessons For The Former Soviet Union, David F. Chavkin

Human Rights Brief

No abstract provided.

Trends: Lesbian And Gay Rights In Zimbabwe, Leane Renée

Human Rights Brief

No abstract provided.

Capital Punishment In The United States, Sarah Oppenheim

Human Rights Brief

No abstract provided.

Fifty Years After The Un Universal Declaration Of Human Rights, Jennifer M. Hentz

Human Rights Brief

No abstract provided.

Unaccompanied Children In I.N.S. Detention, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

It is important to note that children who end up in INS detention centers in the United States are not criminal detainees, but rather, administrative detainees. That is, they are not being held because they are accused or convicted of crimes. They are being held for two reasons only. First, the INS holds them in order to ensure their presence at immigration proceedings. They fear that if they let a child out, into foster care for instance, that child might not appear at any subsequent hearings or proceedings. Second, the government is legally required to look after these children in …

The Stories We Must Tell: Ugandan Children And The Atrocities Of The Lord's Resistance Army, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is about stories--the stories that we are told and the stories that we, in turn, tell to others. It has become a truism that we have lost our faith in master narratives and that the "real" is composed of many competing narratives, all fragmentary, contradictory, overlapping. In this article, the author discusses the problems this view poses for those of us who see ourselves as advocates and activists rather than solely--or primarily--as scholars, but who nonetheless seek to combine social activism with intellectual rigor and honesty. In particular, she discusses the dilemmas this creates for the human rights …