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Martha F. Davis

Selected Works

2012

International affairs

Articles 1 - 2 of 2

Full-Text Articles in Law

International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis Sep 2012

International Human Rights And United States Law: Predictions Of A Courtwatcher, Martha F. Davis

Martha F. Davis

No abstract provided.


Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis Jul 2012

Upstairs, Downstairs: Subnational Incorporation Of International Human Rights Law At The End Of An Era, Martha F. Davis

Martha F. Davis

Traditionally, states and the federal government maintained an "upstairs, downstairs" relationship when it came to global affairs, with states serving in the background role as the downstairs members of the national household. However, the traditional federal-state relationship in the international affairs arena is increasingly unworkable as states become more and more transnationally active. This is particularly true in the area of human rights implementation, where states have both used their own policies to associate with human rights movements worldwide and have incorporated human rights norms into their own state laws. Federal courts' approach to human rights implementation, however, has failed …