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Everybody Is Making Love/Or Else Expecting Rain: Considering The Sexual Autonomy Rights Of Persons Institutionalized Because Of Mental Disability In Forensic Hospitals And In Asia, Michael L. Perlin

Articles & Chapters

One of the most controversial policy questions in all of institutional mental disability law is the extent to which patients in psychiatric hospitals have a right to voluntary sexual interaction. The resolution of this matter involves the resolution of difficult and sensitive questions of law, social policy, clinical judgment, politics, religion, and family structures.

As difficult as these questions are in cases involving civil hospitals, the difficulties are exacerbated when the topic is the application of the right in forensic hospitals. Such facilities typically house individuals involved in the criminal justice system (either those who may be incompetent to stand …

Through The Wild Cathedral Evening: Barrier, Attitudes, Participatory Democracy, Professor Tenbroek, And The Rights Of Persons With Mental Disabilities, Michael L. Perlin

Articles & Chapters

This article is a commentary on Michael Ashley Stein & Janet Lord, Jacobus TenBroek, Participatory Justice, and the UN Convention on the Rights of Persons with Disabilities, - Tex. J. Civ Lib. & Civ. Rts. - (2008) (in press). In it, I seek to expand their analysis of the new UN Convention on the Rights of Persons with Disabilities in an effort to invigorate an area of institutionalized patients rights law that is now nearly forgotten: the rights of such persons to exercise civil rights while institutionalized. I also argue that Prof. Stein and Ms. Lord's paper should lead us …

Constitutional Reform, Legal Consciousness, And Citizen Participation In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.

Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger

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No abstract provided.

The Rule Of Law And The Military Commission, Stephen J. Ellmann

Articles & Chapters

This essay examines the underlying foundations of the Supreme Court's decision in Hamdan v. Rumsfeld. After laying out many of the features of the conflicting positions taken by the majority and dissents in the case, the article argues that the majority's judgment was by no means determined by the plain meaning of the statutory provisions at issue, nor even by the Steel Seizure framework of overlapping zones of executive and legislative power. Instead, three factors deserve special emphasis. The first is the Court's effort to protect, and catalyze, Congressional authority. The second is the Court's understanding of its own role …

Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel

Articles & Chapters

No abstract provided.

"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews

Articles & Chapters

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.

Endless Emergency: The Case Of Egypt, Sadiq Reza

Articles & Chapters

The Arab Republic of Egypt has been in a declared state of emergency continuously since 1981 and for all but three of the past fifty years. Emergency powers, military courts, and other exceptional powers are governed by longstanding statutes in Egypt and authorized by the constitution, and their use is a prominent feature ofeveryday rule there today. This essay presents Egypt as a case study in what is essentially permanent governance by emergency rule and other exceptional measures. It summarizes the history and framework ofemergency rule in Egypt, discusses the apparent purposes and consequences of that rule, mentions judicial limitations …

Some Middle-Age Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope Andrews

Articles & Chapters

This paper was presented at a symposium, "The Scholar as Activist", dedicated to the work of Nadine Strossen, President of the ACLU. This paper focuses on the subject of international human rights law and the engagement of scholars as activists in this area of law. At fifty-plus years, and therefore soundly middle aged, the global human rights project today provides occasion for reflection and evaluation. This paper observes that human rights have increasingly become the language of progressive politics. In many ways, this focus on human rights globally echoes the struggle for civil liberties and civil rights in the United …

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Articles & Chapters

This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching …

The Law And Politics Of Contemporary Transitional Justice, Ruti Teitel

Articles & Chapters

Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.

In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct political phases …

The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer

Articles & Chapters

American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.

This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii.

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No abstract provided.

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

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No abstract provided.

The Greening Of The World Trade Organization, Sydney M. Cone Iii.

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No abstract provided.

International Labor Standards In The Wto's New World Order: Towards Development-Based Standard Setting, Carlin Meyer

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No abstract provided.

A Constitutional Confluence: American ‘State Action’ Law And The Application Of South Africa’S Socioeconomic Rights Guarantees To Private Actors, Stephen Ellmann

Articles & Chapters

As constitutional protection of human rights expands around the world, the question of whether constitutional rights should protect people not only against state action but also against the conduct of private actors is once again timely. Few nations have so broadly, or so ambiguously, endorsed the application of constitutional guarantees to constrain private conduct (known outside the United States as "horizontality") as South Africa. The constitution approved in 1996 applies fully and without qualification to all "organs of state," and this term is defined in section 239 in potentially very broad terms, notably embracing "any other functionary or institution ... …

Introduction: Towards Understanding South African Constitutionalism, Penelope Andrews, Stephen Ellmann

Articles & Chapters

No abstract provided.

The Constitutional Canon: The Challenge Posed By A Transitional Constitutionalism (Symposium: The Canon(S) Of Constitutional Law), Ruti Teitel

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No abstract provided.

The Constitutional Court Provides Succour For Victims Of Domestic Violence - S V Baloyi, Penelope Andrews

Articles & Chapters

Focus - The Constitutional Court's 1999 Term

A Grand Exercise In Forgiveness, Or Justice Held Hostage To Truth? South Africa’S Truth And Reconciliation Commission, Penelope Andrews

Articles & Chapters

An evaluation of the success or otherwise of the TRC may seem premature, but there have been some interesting reflections thus far. One such work is David Dyzenhaus’ book, Judging the Judges, Judging Ourselves: Truth, Reconciliation and the Apartheid Legal Order. The book is a narrative and critique of the legal hearings which took place over three days at the TRC. This is a review of the Dyzenhaus book.

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …

Ted Mearns: Colleague, Teacher, Friend, Gerald Korngold

Articles & Chapters

No abstract provided.

Discussant, In Response To Justice Richard J. Goldstone, 1998 Otto L. Walter Lecture: International Human Rights At Century’S End, Stephen Ellmann

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No abstract provided.

Discussant, “1998 Otto L. Walter Lecture: Justice Richard J. Goldstone, International Human Rights At Century’S End.”, Ruti G. Teitel

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No abstract provided.

Affirmative Action In South Africa: Transformation Or Tokenism, Penelope Andrews

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No abstract provided.

The Universal And The Particular In International Criminal Justice, Ruti Teitel

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No abstract provided.

Taiwan's Current International Legal Status, Lung-Chu Chen

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No abstract provided.

Taiwan's Current International Legal Status, Lung-Chu Chen

Articles & Chapters

No abstract provided.