Law Commons^™

Concretizing Human Rights, Laurence R. Helfer

Faculty Scholarship

reviewing  Francisco Forest Martin et al.,  International Human Rights Law and Practice: Cases, Treaties and Materials (1997)

Regarding Rights: An Essay Honoring The Fiftieth Anniversary Of The Universal Declaration Of Human Rights Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights, Tracy E. Higgins

Faculty Scholarship

The half-century since the drafting of the Universal Declaration of Human Rights' has been famously heralded as the "Age of Rights" and the concept of human rights described as "the only political-moral idea that has gained universal acceptance." During the same period, however, both terms defining the subject-human and rights-have become increasingly contested. Informed by the emergence of identity-based political movements, critics have attacked the category human has as bearing the baggage of Western Enlightenment assumptions about personhood and community, inherently racist, sexist, and classist. Theorists across the political spectrum have criticized the concept of rights as indeterminate, destructive of …

Introduction: Locating Culture, Identity, And Human Rights Symposium In Celebration Of The Fiftieth Anniversary Of The Universal Declaration Of Human Rights: Introduction, Catherine Powell

Faculty Scholarship

As we celebrate the Fiftieth Anniversary of the Universal Declaration of Human Rights, the idea of human rights endures. The human rights idea was honored at a conference organized by the Association of the Bar of the City of New York, held at Fordham Law School on December 10-12, 1999, to commemorate the first fifty years of the Universal Declaration of Human Rights. The four pieces that follow were presented at the conference as part of a panel addressing one of the central philosophical concerns regarding the human rights project: its universality. While the panel's title, "What is a Human …

Changing The Rules: Arguing Against Retroactive Application Of Deportation Statutes, Anjali Parekh Prakash

Scholarly Articles in Law Reviews & Journals

By failing to prescribe its temporal reach, section 440(d) of the Anti-Terrorism Effective Death Penalty Act (AEDPA) has created confusion for the courts. Does the provision apply to individuals who committed a crime, making them subject to deportation before AEDPA was passed? To individuals who were convicted prior to AEDPA? To those in deportation proceedings when AEDPA was passed? To those who had already applied for section 212(c) waivers when AEDPA was passed?

Using section 440(d) as a case study to analyze these retroactivity issues, this Note opposes the Attorney General’s interpretation and instead proposes an antiretroactivity presumption applicable not …

Transcript Of Question And Answer Session

Cardozo Law Review

No abstract provided.

Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld

Cardozo Law Review

No abstract provided.

Strange Bedfellows: Abraham Maslow As Defender Of Human Rights Violations, Jiang Zemin As Humanist, Ibpp Editor

International Bulletin of Political Psychology

This article describes an instance in which humanistic psychological theory supports the rationale for behavior frequently linked with human rights violations.

Socio-Economic Rights And The South African Transition: The Role Of The Truth And Reconciliation Commission, Ronald Slye

Faculty Articles

This article examines a part of a foundational principle of the South African Bill of Rights that individuals are entitled to a range of rights that ensure individual security, freedom, and well-being, and that these rights are interdependent and the crucial role of the Truth and Reconciliation Commission (the "TRC") in laying the groundwork for the fulfillment of those rights.

Inconsistency As Consistency: An Optimal Policy For Human Rights, Ibpp Editor

International Bulletin of Political Psychology

This article contrasts two common cognitive approaches employed by United States (US) politicians in furthering human rights throughout the world.

Oct. 7, 1997, D. Clark And D. Hunter, Ciel, And A. Durbin, Foe, Letter To Board Code Members Re Inspection Mechanism For Ifc And Miga, David Hunter, Dana Clark, Andrea Durbin

CAO Creation Pre-1999

This document is the cover letter dated October 7, 1997, from Dana Clark and David Hunter, Center for International Environmental Law (CIEL), and Andrea Durbin, Friends of the Earth--US (FoE-US) to Members of the Committee on Development Effectiveness, proposing an Inspection Mechanism for IFC/MIGA. Attached to the letter is the proposed draft resolution proposing an Independent Review Panel for the IFC and MIGA using the World Bank Inspection Panel as a starting point. The NGO proposal was part of the multi-year (1996-1998) discussions regarding the correct approach to n accountability mechanism for IFC. The eventual launch of the Compliance Advisor/Ombudsman …

Indivisible Identities: Culture Clashes, Confused Constructs And Reality Checks, Berta E. Hernández-Truyol

UF Law Faculty Publications

This essay, an expansion of remarks delivered at the LatCrit I Conference -- the first conference ever convened to discuss and explore critical legal thought from a Latina/o perspective -- develops a basis for articulating a LatCrit theory. As the introductory section, "LatCrit: The Voice for Latina/o Narratives" sets out, Latinas/os are a diverse community, whose identity components -- race, sex, ethnicity, language, and sexuality to name a few of the pertinent ones -- are indivisible yet diverse and varied. Such diversity, to date, has not allowed for a cohesive Latina/o theoretical model to be articulated. Rather, it has been …

Information Access Rights Based On International Human Rights Law, Henry H. Perritt Jr., Christopher J. Lhulier

Buffalo Law Review

No abstract provided.

A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton

Cardozo Journal of International and Comparative Law

The article critiques the Broadcasting Bill, 1997, in India for neglecting the fundamental right of citizens to seek, receive, and impart information, as guaranteed by the Indian Constitution, the Indian Supreme Court, and international human rights treaties like the ICCPR. It argues that the Bill’s restrictions on ownership and content regulation may infringe upon freedom of expression and diversity of information. The analysis advocates for a human rights approach to broadcasting legislation, emphasizing the importance of balancing private and public interests while adhering to constitutional and international standards.

Sept. 19, 1997, Think Piece On Inspection Panel, Unattributed

CAO Creation Pre-1999

No abstract provided.

Sept. 3, 1997, T. Armstrong, Email To R. Bissell, Wbip, Cc C. Dobson, Bic, Comments On Proposed Independent Inspection Commission, Tish Armstrong

CAO Creation Pre-1999

This document an email from Tish Armstrong, International Center Human Rights, dated September 3, 1997, to Richard Bissell, Inspection Panel Member, commenting on an informal "Scope paper" for an Independent Inspection Commission.

Effect Of The Convention On The Rights Of The Child Upon Street Children In Latin America: A Study Of Brazil, Colombia, And Guatemala, Marc D. Seitles

In the Public Interest

No abstract provided.

Guilty As Charged: Malcolm X And His Vision Of Racial Justice For African Americans Through Utilization Of The United Nations International Human Rights Provisions And Institutions, Charles Lewis Nier Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

Aug. 15, 1997, Ciel And Foe, Proposal For An Independent Review Panel Faxed October 7, 1997, D. Hunter D. Clark To C. Lee, General Counsel, Ifc, Center For Internatinal Enviornmental Law, Friends Of Earth-U.S., David Hunter, Dana Clark

CAO Creation Pre-1999

Prompted by public concern about alleged non-compliance with policies of the Bank Group, and project-specific controversies (such as the Pangue Dam on Chile's BioBio river), the President and top management of the International Finance Corporation (IFC) and the Multilateral Investment Guarantee Agency (MIGA), the two private sector arms of the World Bank Group, have announced their intention to create a review mechanism patterned after the existing World Bank Inspection Panel (which only applies to the International Bank for Reconstruction and Development (IBRD) and the International Development Association (IDA)). Mr. Wolfensohn, in particular, has supported the extension of the Panel as …

Notre Dame Lawyer - Summer 1997, Notre Dame Law School

Notre Dame Lawyer

The Center for Civil and Human Rights

Faculty Tributes to Rev. Bill Lewers, C.S.C.

Commencement 1997

Student Tribute-Remembering Our Friend-Joseph Ciraolo '97

After Hours: Tex Dutile-The Piano Man

Statement Of Professor Ralph Ruebner On Prison Conditions And Judicial Reform In Peru (Presented To The Congressional Human Rights Caucus Briefing) (May 1, 1997), Ralph Ruebner

Court Documents and Proposed Legislation

No abstract provided.

Slavery And The Arkansas Supreme Court, L. Scott Stafford

University of Arkansas at Little Rock Law Review

No abstract provided.

The United Nations Convention Of The Rights Of The Child: A Feminist Landmark, Cynthia Price Cohen

William & Mary Journal of Race, Gender, and Social Justice

The United Nations Convention on the Rights of the Child,1 adopted by the General Assembly on November 20, 1989, is a ground-breaking human rights treaty for many reasons. It had the largest number of signatories on the day that it was opened for signature.2 It went into force more quickly than any other human rights treaty;3 it reached near-universal ratification by mid-1996;4 and it protects the entire range of human rights: civilpolitical, economic-social-cultural, and humanitarian.5 In addition, the Convention's monitoring mechanism gives unique powers to its monitoring body, the Committee on the Rights of the Child.6 Unfortunately, these achievements have …

Reservations To The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Convention On The Rights Of The Child, William A. Schabas

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Emerging South Africa: Human Rights Responses In The Postapartheid Era, Karen Cavanaugh

Cardozo Journal of International and Comparative Law

The note examines South Africa's transition from apartheid to democracy, focusing on the role of the Truth and Reconciliation Commission (TRC) in addressing past human rights violations. It highlights the challenges of balancing truth, justice, and reconciliation while establishing a human rights culture. The TRC's success is seen as pivotal for national unity and democracy, with international support playing a key role in this process.

Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Shame Of It: Gender-Based Terrorism In The Former Yugoslavia And The Failure Of International Human Rights Law To Comprehend The Injuries , Amy E. Ray

American University Law Review

onep

Jan. 28, 1997, Outline For Response To Enron Et Al, Notification Of The Proposed Project, Center For International Environmental Law

CAO Creation Pre-1999

No abstract provided.

At Loggerheads : The State Of Maine And The Wabanaki : Final Report Of The Task Force On Tribal-State Relations, Maine Indian Tribal-State Commission

Maine Collection

At Loggerheads : The State of Maine and the Wabanaki : Final Report of the Task Force on Tribal-State Relations.

Maine Indian Tribal-State Commission. Task Force on Tribal-State Relations.

Hallowell, Me., 1997.

Contents: Prologue / Task Force on Tribal-State Relations / Executive Summary / A.Overview / B.Recommendations / C.The Maine Indian Claims Settlement / D.The Maine Indian Tribal-State Commission / E.Findings and Analysis / Appendices

The State Security Service And Human Rights In Nigeria, Basil Ugochukwu

Third World Legal Studies

No abstract provided.

The Cairo Declaration On Human Rights In Islam And International Women's Rights, Leila Hilal

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.