Law Commons^™

The Declaration Of Independence: The Reality Behind The Myth, Gerald F. Moran

Michigan Law Review

A Review of Inventing America: Jefferson's Declaration of Independence by Garry Wills

Are Human Rights Good For International Business , Anthony D'Amato

Northwestern Journal of International Law & Business

When I take up the Nuremberg cases in my class in International Law, I find it quite difficult to convey to the students how radical those proceedings appeared to be in 1947. At that time, the contention that there should be individual accountability under international law seemed to constitute an unfounded and dangerous precedent. How could political leaders be made personally responsible for acts of state such as instituting a war (even an "aggressive" war) or engaging in wholly internal policies (the "final solution" against Jews and other minorities of their own citizens)? Indeed, the Nuremberg result seemed somewhat unprincipled …

The Maine Indian Land Claims Case: Pro And Con, Joseph Pecoraro

Maine Collection

The Maine Indian Land Claims Case: Pro and Con / Materials compiled by Dr. Joseph Pecoraro, curriculum consultant, State Department of Educational and Cultural Services, 1979.

"This is a collection of articles taken from The Church World dealing with the Maine Indian Land Claim issue."

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

Science, Technology And Human Rights, Yoram Dinstein

Dalhousie Law Journal

The rapid development of science and technology, particularly in the last generation, has had a tremendous impact on human rights. Many, perhaps most, human rights are adversely affected - in actuality or potentiality - by modern machines.' The subject has been discussed at great length by scientists and statesmen, lawyers and laymen, preachers and futurologists. But, to understand it in its proper perspective, it is believed that a typological approach is called for. It is necessary to distinguish between four different types of cases, in accordance with the nature of the relationship between science and technology, on the one hand, …

A. G. For Canada Et Al V. Claire Dupond: The Right To Assemble In Canada?, Clare F. Beckton

Dalhousie Law Journal

The renewal of the Federation must confirm the pre-eminence of citizens over institutions, guarantee their rights and freedoms and ensure that these rights and freedoms are inalienable. 1 These words from Prime Minister Trudeau are a reflection of the concern today for protection of individual rights and freedoms. His words also reflect the past concerns with protection of individual rights and freedoms particularly in countries which espouse democratic principles. He has recognized that the balance between individual and state interests must be struck in favour of the individual. In order to achieve this result, there must be some consensus in …

Books Received, C. C. S.

Vanderbilt Journal of Transnational Law

APPLICABLE LAW IN INTERNATIONAL COMMERCIAL ARBITRATION By Julian D. M. Lew. Dobbs Ferry, New York: Oceana Publications,1978. Pp. 633.

COMPARATIVE LAW YEARBOOK Issued by The Center for International Legal Studies Germantown, Maryland: Sijthoff & Noordhoff, 1979. Pp. 300.

CONTEMPORARY INTERNATIONAL LAW: A CONCISE INTRODUCTION By Werner Levi Boulder, Colorado: The Westview Press, 1979. Pp.391.

DIRECT INVESTMENT AND DEVELOPMENT IN THE U.S. By Raymond J. Waldman Washington, D.C.: Transnational Investments, 1979.Pp. 413.

ENHANCING GLOBAL HUMAN RIGHTS Edited by J. I. Dominguez and others New York: McGraw-Hill, 1979. Pp. 270.

THE ETHNOGRAPHY OF LAW By Laura Nader Menasha, Wisconsin: American Anthropological Association, …

Whither The Commission On Human Rights: A Report After The 35th Session, Gerson Smoger

Vanderbilt Journal of Transnational Law

The statement that the Commission on Human Rights "functions as the focal point of the United Nation's concentration on the international observance of human rights" is fraught with definitional inconsistencies. Throughout its existence one of the main problems faced by the members of the Commission has been to agree upon the appropriate limits of the expression "human rights." The question arises whether the term includes the right of a retired school teacher to speak out against his country's employment practices or his entitlement to receive social security after his departure from the teaching force. If these are both considered to …

To Bring To An End The State Of War: The Egyptian-Israeli Peace Treaty, John F. Murphy

Vanderbilt Journal of Transnational Law

This article will describe and evaluate the Egyptian-Israeli Peace Treaty, and set it in historical and contemporary perspective in order to highlight some of the primary problems facing decision-makers in their deliberations on approaches to resolve the Arab-Israeli conflict in the Middle East. The article will then consider alternative courses of action available to the world community in light of principles of the United Nations Charter and of other sources of public international law and justice, political feasibility and the perceived interests of all parties to the conflict. Lastly, it will suggest new approaches to the problem, with a view …

The Right To Life, George P. Fletcher

Faculty Scholarship

In the theory of rights we repeatedly encounter the problem of reconciling someone's having a right with his properly suffering damage to the interest protected by the right. In the case of right to life, we have to assess numerous cases in which individuals are killed or allowed to die, and we wish nonetheless to affirm their right to life. These cases include killing an aggressor in self-defense, accidental homicide, terminating life-sustaining therapy, and capital punishment.

My program in this Article is to provide an account of how it is that those with a right to life may nonetheless be …

The Concept Of Aboriginal Rights In The Early Legal History Of The United States, Howard R. Berman

Buffalo Law Review

No abstract provided.

The Indian In Latin America: Approaches To Administration, Integration, And Protection, Lee Swepston

Buffalo Law Review

No abstract provided.

Aboriginal Title In The Common Law: A Stony Path Through Feudal Doctrine, Gordon I. Bennett

Buffalo Law Review

No abstract provided.

Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick

Buffalo Law Review

No abstract provided.

The Indian Act Of Canada, Richard H. Bartlett

Buffalo Law Review

No abstract provided.

Sovereignty And Self-Determination: The Rights Of Native Americans Under International Law, John Howard Clinebell, Jim Thomson

Buffalo Law Review

No abstract provided.

American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

International Law And Control Of The Media: Terror, Repression And The Alternatives, Jordan J. Paust

Indiana Law Journal

Terrorism and the Media: Legal Responses, Symposium

Human Rights In Canadian Society: Mechanisms For Raising The Issues And Providing Redress, A. Wayne Mackay

Dalhousie Law Journal

To the great body of the people, the whole mass of right is without remedy. Selling justice to the favoured few, denying it to the many, the system gives the rights in outward show; takes them away in effect; gives rights by what it says, takes them away by what it does. 1 Society has changed since Jeremy Bentham made the above observation. However, the problem he identified has not been eliminated. The gap between what governments say about human rights and what they do about violations of human rights is wide. In spite of occasional verbal protests from other …

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.

Toward Freedom From Value, Richard Stith

Law Faculty Publications

No abstract provided.

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

The present essay is one of the fruits of a four-year comparative research project entitled "Florence Access-to-Justice Project," sponsored by the Ford Foundation and, with a slightly more local focus, the Italian National Council of Research (CNR). The essay will serve as the General Report introducing the Project's forthcoming four-volume series. The volumes, being published by Sijthoff (Leyden and Boston) and Giuffr6 (Milan) under the general editorship of Mr. Cappelletti are: Volume I. Access to Justice: A World Survey (edited by Messrs. Cappelletti and Garth); Volume II. Access to Justice: Studies of Promising Institutions (edited by Mr. Cappelletti and Mr. …

Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.

Self-Determination, International Law And The South African Bantustan Policy, Henry J. Richardson

Articles by Maurer Faculty

No abstract provided.

Torture And Other Forms Of Cruel And Unusual Punishment In International Law, Steven Ackerman

Vanderbilt Journal of Transnational Law

Although historically legal interest in human rights has been the special province of scholars, recent worldwide economic realignment has educated the public to global interdependency, vindicating those who foresaw a nexus between human rights and the maintenance of world order. "[A]n interdependent global community cannot sustain itself. .if the coin of common exchange is genocide and discrimination." A pragmatic understanding of the relationship between the maintenance of world order and the protection of human rights suggests that tolerance and fulfillment of the world expectation of human rights may not be a goal that can be universally achieved. It is, however, …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

HUMAN RIGHTS IN A ONE-PARTY STATE.

The International Commission of Jurists. London: Search Press, 1978. Pp. 133.

This work is a report of a seminar conducted by the international Commission of Jurists in Dar-es-Salaam, Tanzania in 1976. The topics discussed include the maintenance and furtherance of social and individual rights in the constitutional one-party systems which have developed in Eastern Africa since independence from colonial rule. Specific attention is focused on the experiences of Tanzania, Zambia, and Sudan.

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RESOURCE MANAGEMENT AT THE INTERNATIONAL LEVEL.

By Oran Young.

New York: Nichols Publishing Company, 1977. Pp. 252.$16.00.

The emphasis of this …

War Crimes Jurisdiction And Due Process: The Bangladesh Experience, Jordan J. Paust, Albert P. Blaustein

Vanderbilt Journal of Transnational Law

Must any state that holds and controls prisoners either prosecute those accused of having committed serious violations of international law or extradite them to a state that will prosecute? Finally, would similar breaches of international law by India or Indian troops obviate any jurisdictional competence or duties of India or Bangladesh?

The questions seemed unusual, at least in view of the past practices of international tribunals of the United States in prosecutions of its nationals. Specific criminal applications of relevant international norms had been relatively sparse.' There were problems with the applicability of international norms to Bangladesh, especially during the …

Human Rights And World Public Order: Human Rights In Comprehensive Context, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Human Rights And World Public Order, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Meek Shall Inherit A Global Bill Of Rights, Lung-Chu Chen

Other Publications

No abstract provided.