Law Commons^™

Human Rights: A Tide In The Affairs Of Men, Paul G. Kauper

Georgia Law Review

MANY movements are discernible in these turbulent days of social change and revolution. Not the least is a great tidal movement, global in its dimensions, for the articulation, extension and more effective vindication of human rights. The celebration in 1968 of the twentieth anniversary of the adoption by the United Nations Assembly of the Declaration of Human Rights riveted special attention on the human rights movement and makes this subject particularly appropriate. Since the phrasing is so apt to describe the situation, I hope I shall be forgiven for cribbing a part of Shakespeare's familiar sentence and using it in …

Human Rights And World Public Order: A Framework For Policy-Oriented Inquiry, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

United States Participation In International Agreements For The Preservation Of Human Rights, A. Hamilton Cooke

Vanderbilt Journal of Transnational Law

The past two decades of international legal history have been characterized by an increased emphasis upon the importance of the individual as a proper subject of international law. Revolutionary changes have occurred in the area of human rights with the completion of various declarations, covenants, and conventions aimed at the preservation of specific rights within a framework of international law. The continuing importance and relevance of this general subject was symbolized by the designation of 1968 as the International Year for Human Rights in honor of the twentieth anniversary of the Universal Declaration of Human Rights.

This paper examines the …

The Impact Of Crowd Psychology Upon International Law, Harold D. Lasswell

William & Mary Law Review

No abstract provided.

Human Rights And Natural Resources, David J. Halperin

William & Mary Law Review

No abstract provided.

International Law Of Human Rights: A Pragmatic Appraisal, A. Luini Del Russo

William & Mary Law Review

No abstract provided.

Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee

Faculty Articles

Professor McGee examines the use of deadly force in quelling recurrent communal rioting of alienated black urban masses in 1968. Napoleon fired “grapeshot” into a rioting Parisian crowd in 1795, and while his brutality may have quieted the rioters it should not be set as an example for our modern day police forces. Deadly force used against large numbers of citizens, who just prior to the riots were for the most part law-abiding and peaceful, can have crushing social consequences. In this article Professor McGee discusses police departmental policy, the limits of deadly force in arrests, excessive force and liability, …

Some Legal Problems Of State Trading In Southeast Asia, Chittharanjan F. Amerasinghe

Vanderbilt Law Review

State trading-trade conducted internationally by a state or public agency-has become a feature of the mixed economies of southeast Asia. With the growing importance of economic planning and the increase of state intervention (often tantamount to absolute control)in areas of the economy of individual southeast Asian countries, there has been an expansion of international trading functions by states or public agencies. Much of this trade is conducted at a state to state level, i.e., on a bilateral basis. This kind of infrastructure is attributable in part to the fact that the Communist bloc countries generally either have no place for …

The European Convention On Human Rights., Robert M. Kornreich

Buffalo Law Review

No abstract provided.

Constitutional Rights And The Mormon Appeals For National Redress Of The Missouri Grievances, Lynn D. Stewart

Theses and Dissertations

This study attempts to trace the efforts of the Mormon people to obtain redress from the national government for the losses of life and property which they had suffered and the hardships which they had endured while residing in the state of Missouri during the 1830's. The Mormon appeals to Congress and the President are considered and an evaluation is made of the Mormon view of the national government's responsibility for the protection of individual rights.

The information for this study was obtained from the Church Historian's Office, the Brigham Young University Library, the University of Utah Library, the Utah …

Abortion, The Law And Human Life, Thomas L. Shaffer

Journal Articles

The issue in abortion "reform" is whether existing criminal sanctions against doctors and pregnant women should be abolished or liberalized. From one point of view this is the question presented in any discussion of the criminal law—whether people should be put in jail for doing something. From another viewpoint, it is the question presented in any discussion of existing law—whether the reformers, who presumably have the burden of proof, have made a case. The controversy will be especially interesting to Indiana lawyers, who last winter saw an abortion-reform proposal pass both houses of the General Assembly and then die (abort?) …

Human Rights And Non-Intervention In The Inter-American System, José A. Cabranes

Michigan Law Review

The long silence of the inter-American system is remarkable when contrasted with the continuing efforts of the United Nations to elaborate an International Bill of Rights and the significant accomplishments of the Council of Europe in implementing on a regional basis the principal values enunciated in the Universal Declaration of Human Rights. The OAS' lack of interest, until quite recently, in undertaking a similar international program to protect human rights in the American republics is a function of several very special factors, the most important of which is the traditional Latin American repudiation of intervention, in whatever form and for …

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

Faculty Scholarship

No abstract provided.

Teaching The Law Relating To The International Protection Of Human Rights: An Addendum, Louis B. Sohn

Journal of Legal Education

No abstract provided.

Human Law And Human Justice. By Julius Stone., Paul Diesing

Buffalo Law Review

No abstract provided.

Teaching The Law Relating To The International Protection Of Human Rights: An Experiment, Egon Schwelb

Journal of Legal Education

No abstract provided.

Justice Brewer And Substantive Due Process: A Conservative Court Revisited, Robert E. Gamer

Vanderbilt Law Review

From the heat of ideological battle which has accompanied the emergence of America into the status of a capitalistic society, late nineteenth century conservatives have emerged in many circles with a reputation for being selfish, profit-hungry individuals attempting to hide their rapacity under a cloak of pleasant platitudes and private charity. In addition to falling under this less-than-favorable shadow, those of this breed who presumably came to cluster about the Supreme Court of the United States have been attacked by liberals for subverting the Constitution of the United States into an instrument to serve the acquisitive interests of the capitalists …

Human Rights In South Africa, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Negro Contributions To The Political And Legal History Of The Southern Counties Of West Virginia, Charles Edward Easton

Theses, Dissertations and Capstones

The introduction of African labor as a muscular force was an adventurous enterprise, proving on trial to be the most perfect catalytic agent of production then known to commerce. This labor force was the fulfillment of the great demand of the young colony which needed a controllable and dependable labor force to make it accessible for human habitation. This labor demand made it profitable for adventurous traders to invest money in the enterprise of importing indentured servants to the new colonies in America. Later a system was developed by which individuals could come to the new colony as either indentured …

Implementing Human Rights Conventions--The Soviet View, John Carey

Kentucky Law Journal

No abstract provided.

International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey

Michigan Law Review

A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.

Human Rights And World Order. By Moses Moskowitz., Wade J. Newhouse Jr.

Buffalo Law Review

No abstract provided.

Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb

Michigan Law Review

A Review of Human Rights and World Order. The Struggle for Human Rights in the United Nations. By Moses Moskowitz.

Boundary Control And Legal Principles. By Curtis M. Brown., Douglas G. Boshkoff

Buffalo Law Review

No abstract provided.

Three Human Rights In The Constitution, By Zechariah Chafee, Jr., Francis H. Heller

Indiana Law Journal

No abstract provided.

Garcia-Mora: International Law And Asylum As A Human Right, Alona E. Evans

Michigan Law Review

A Review of International Law and Asylum as a Human Right. By Manuel R. Garcia-Mora.

On Amending The Treaty-Making Power: A Comparative Study Of The Problem Of Self-Executing Treaties, Lawrence Preuss

Michigan Law Review

The current furor concerning the treaty-making power of the United States has been aroused by the apprehension that this country might become a party to certain multilateral treaties in the social and economic fields, and, notably, the draft Covenants on Human Rights, the Genocide Convention and the Convention on Political Rights of Women. The plethora of proposed constitutional amendments now before the Congress merely marks an intensification of the controversy, recurrent throughout our history, concerning the legal effect of Article VI, Section 2, of the Constitution of the United States. Problems concerning the relative authority of treaties and other international …

The Charter And The Constitution: The Human Rights Provisions In American Law, Oscar Schachter

Vanderbilt Law Review

The United Nations has added new complications to the well-worn subject of treaties and the Constitution. The issues have arisen principally in the field of human rights and, inevitably, constitutional discussions have reflected the political as well as the legal complexities. One consequence has been an apparent shift in legal positions: bar association leaders, long devoted to strict construction, have been inclined recently to stress the broad and expansive character of the treaty power and the supremacy clause ; in contrast, U.S. Government officials normally expected to support federal power have increasingly emphasized constitutional limitations. In political terms, this turnabout …

War Crimes--A Refutation Of Objection, Otto E. Reik

Kentucky Law Journal

No abstract provided.

The Genocide Convention And The Constitution, Myres S. Mcdougal, Richard Arens

Vanderbilt Law Review

What is traditional for common crimes can scarcely be oppressive innovation for mass-murder. Even freedom of communication is not, furthermore, an absolute in democratic preference: security and human decency must likewise have their place.

It is no little irony that argument must be made in support of a convention to suppress genocide. "The spectacle," writes a contemporary journal of opinion, "of modern man explaining his right to existence is an odd one." The Genocide Convention is but one of many interrelated measures in a world-wide program to secure peace and respect for the dignity of the individual human being. Rational …