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Articles 1 - 9 of 9
Full-Text Articles in Law
"I'Ll Try Anything Once": Using The Conceptual Framework Of Children's Human Rights Norms In The United States, Bernardine Dohrn
"I'Ll Try Anything Once": Using The Conceptual Framework Of Children's Human Rights Norms In The United States, Bernardine Dohrn
University of Michigan Journal of Law Reform
International human rights law provides norms, concepts, and standards of immediate and practical value to attorneys for court-involved children in the United States. The conceptual framework of the comprehensive rights of the child is broadly congruent with, or closely related to, the strongest aspects of US. constitutional law and practice. The expansive language of children's human rights offers an historic opportunity: new tools and a more comprehensive context in which to change how we think about young people in conflict with the law, children in state custody, and children in related legal settings. The challenge is to use these fresh …
The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek
The Eighteenth Birthday Of The Convention Of Rights Of The Child: Achievements And Challenges, Jaap E. Doek
University of Michigan Journal of Law Reform
Although the U.N. Convention on the Rights of the Child has produced positive results in many countries, the United States remains one of the few nations that has not signed on to this treaty. This Essay will begin by describing the content of the treaty. This Essay will discuss the achievements, challenges, and solutions resulting from the treaty in the areas of child poverty, violence against children, and child labour. Given the positive results produced in other countries, this Essay will conclude with an invitation to the United States to join the Convention on the Rights of the Child.
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Michigan Journal of International Law
This Article challenges the universalist theory of international law upon which federal incorporation of CIL and international human rights litigation rely. It unpacks the international relations (IR) theory paradigms that support the universalist theory, and discusses a competing theory that views state compliance with international law as a function of national self-interest. Working from this perspective, it proposes a framework to evaluate the wisdom of federal incorporation of CIL and the wisdom of international human rights litigation. The framework suggests that federal incorporation of CIL generates sovereignty costs for the United States, and that international human rights litigation complicates the …
It Could Happen To "You": Pay-To-Stay Jail Upgrades, Kim Shayo Buchanan
It Could Happen To "You": Pay-To-Stay Jail Upgrades, Kim Shayo Buchanan
Michigan Law Review First Impressions
In the jails of Los Angeles County, about 21,000 detainees are held in filthy cells so overcrowded—four men in a cell built for two, six to a four-man cell—that, as federal judge Dean D. Pregerson observed in 2006, inmates must stay in their bunks at all times because there is not enough room for them to stand. These men—ninety percent of whom are pretrial detainees— are held in these conditions twenty-four hours per day, seven days per week, and are typically allowed only a single three-hour exercise period weekly. Other inmates are held for days in a county “reception center” …
State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway
State Intelligence Gathering: Conflict Of Laws, Charles H.B. Garraway
Michigan Journal of International Law
This Article begins with an examination of the development of the law of war (Part II) and human rights law (Part III) before looking at the differing legal categories of armed conflict (Part IV). It then examines the applicability of human rights law in situations of armed conflict (Part V) and the increasing complexity of defining violence, whether as armed conflict or otherwise (Part VI). The Article proceeds with an examination of the overlap between the law of war and human rights law (Part VII) and the risk of divergence that this overlap causes (Part VIII). Finally, it seeks to …
Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster
Protection Elsewhere: The Legal Implications Of Requiring Refugees To Seek Protection In Another State, Michelle Foster
Michigan Journal of International Law
This Article first questions the legitimacy of protection elsewhere practices. It then considers the circumstances in which the transfer of refugees might take place. It should be emphasized that the Michigan Guidelines set out the minimum requirements and constraints imposed by international law when a state wishes to implement a protection elsewhere policy. In addition, in some instances the Michigan Guidelines engage in "progressive development" of the law by suggesting safeguards that, while not strictly required by international law, should be respected in order to ensure the implementation of such policies in a way that protects and ensures the rights …
Compensation For Porperty Under The European Convention On Human Rights, Tom Allen
Compensation For Porperty Under The European Convention On Human Rights, Tom Allen
Michigan Journal of International Law
This Article asks whether the right to property, as a human right, serves the same general purpose as other human rights. The Article does so by examining the standards relating to compensation for deprivations of property under the European human rights system. If the system protects property for similar reasons as other fundamental rights, the interpretation of the right to property should draw upon the principles developed in relation to the interpretation of other rights. However, if the right to property is distinct from other human rights, then perhaps guidance on its interpretation should come from comparative law, specifically in …
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Militating Democracy: Comparative Constitutional Perspectives, Ruti Teitel
Michigan Journal of International Law
Can constitutional review by judges save democracy? This Article identifies and discusses the rise of "militant constitutional democracy" by exploring diverse approaches to the role of constitutional and transnational judicial review in rights protection and the challenges that these approaches present to the workings of democracy, the possibilities of compromise, consensus, and conciliation in political life, and the challenge to other constitutional values as well. "Militant constitutional democracy" ought to be understood as belonging to transitional constitutionalism, associated with periods of political transformation that often demand closer judicial vigilance in the presence of fledgling and often fragile democratic institutions; it …
Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna
Technological Advancement And International Human Rights: Is Science Improving Human Life Or Perpetuating Human Rights Violations?, Christine A. Khalili-Borna
Michigan Journal of International Law
This Note assesses the practices of pre-implantation and prenatal genetic screening and sex-determination through an international human rights framework founded in the Universal Declaration of Human Rights (Universal Declaration), the Convention on the Rights of the Child (CRC), and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).