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Articles 1 - 8 of 8
Full-Text Articles in Law
Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze
Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze
Antioch Law Journal
In McFeeley v. The United Kingdom, seven prisoners in the H-Block cells of Northern Ireland's Maze Prison filed an application against the government of the United Kingdom, hoping to attain political prisoner status under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention).I The seven prisoners also alleged violations of Articles 3, 6, 8, 9, 10, 11, 13 and 14 of the Convention. 2 The European Commission of Human Rights (hereinafter the Com- mission) declared most of the application inadmissible. The Commission found that granting special status to the prisoners was …
Introduction, Richard Falk
Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg
Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg
Antioch Law Journal
Many people here this evening have worked diligently to add to the Constitution an explicit guarantee of the equality of men and women before the law. I would like to present a few preliminary comments on that subject, and to tie it to the main line of my remarks about the constitutional status of human rights here and abroad. It is a disappointment, of course, that the ERA ratification effort has not succeeded this time around, but ours is a Constitution that is hard to amend and hardly ever amended. It is also a Constitution enforced in courts; and therefore, …
The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich
The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich
Antioch Law Journal
The teaching of international human rights law in U.S. law schools has come a long way in the past two decades. Twenty years ago a survey conducted by the American Society of International Law made no mention of the subject. I In 1965, the late Egon Schwelb, "Mr. Human Rights," in what he himself characterized as a "novel departure,"2 offered a seminar on "The International Protection of Human Rights" at Yale. During the next half-dozen years, similar offerings were made available at California (Berkeley), Harvard, Virginia, and several other institutions. By 1971, when a panel at the annual meeting of …
Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal
Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal
Antioch Law Journal
On December 11, 1948, the United States officially signed the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter the Convention).1 The Convention was sent to the Senate as part of the ratification process for the advice and consent of two-thirds of the Senators present and voting. 2 But the Senate declined to give advice and consent to the Convention, and has maintained that position for over thirty-six years. Ninety-six countries have now deposited their instruments of ratification with the United Nations, making them parties to the Convention. The United States is not a party. …
Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo
Equal Protection For Illegitimate Children: The Supreme Court's Standard For Discrimination, Martha T. Zingo
Antioch Law Journal
Between 1968 and 1980 the Supreme Court decided twenty cases' involving statutory classifications based on illegitimacy. The Court's decisions have determined whether discrimination against those individuals deemed illegitimate by law2 constitutes a denial of equal protection. When these decisions are analyzed it seems apparent that the Court was experiencing some difficulty in determining the appropriate constitutional test to apply to illegitimacy statutes. It is not surprising that the Court's various rulings appear inconsistent. The purpose of this article is to examine the Supreme Court's inconsistent decisions in its equal protection analysis of laws affecting illegitimate children. To accomplish this goal, …
Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg
Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg
Antioch Law Journal
Land rights have been the central issue in United States-Indian relations over the past hundred years, just as they were during the preceding century. The interplay of two elementary forces has largely determined the nature of relations between Indian nations and the United States. On one hand, Indian nations have fought tenaciously to maintain their land rights. Indian nations, communities and "tribes" have viewed and continue to view land as essential to their economic and cultural well-being, and thus to their continued political existence. Thus, control over their land is central to their survival as nations. On the other hand, …
Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen
Confronting Uncertainty In Child Abuse Adjudication: A Contextual Analysis Of Theories Of The Judical Role In A Changing Society, Lawrence W. Cohen
Antioch Law Journal
Throughout history scholars have attempted to defend myriad conceptions of the judicial role. For instance, Corwin believed that law, embodied in nature, was to be discovered by judges.1 Cardozo also envisioned an active judiciary, responsible for keeping law consistent with the mores of the day.2 Wigmore, on the other hand, felt that personalizing justice through judicial discretion is the "antithesis of the Anglo-Saxon conception of justice."' 3 Rather, justice, if attainable at all, must be achieved through strict rule application. 4 Whereas 19th-century scholarship focused on formal rules, recent authorities have turned to contemplating how legal decisions are made and …