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Articles 1 - 21 of 21
Full-Text Articles in Law
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Parading Ourselves: Freedom Of Speech At The Feast Of St. Patrick, Larry Yackle
Faculty Scholarship
Three things are true. First, American society is now absorbed in yet another great civil rights movement, this one on behalf of gay, lesbian, and ambisexual citizens, which will lead ineluctably to the elimination of legal burdens on the basis of sexual orientation.' Change will come slowly, with much backing and filling, and at an awful price measured in human pain. Intolerance for the homosexualities that exist among us, and the homosexual behavior in which many of us engage, will persist in quarters where the law cannot reach.2 Yet private homophobia, deprived of legal sanction, will ultimately be discredited and …
Report Of The Commission Of Enquiry Into Certain Allegations Of Cruelty And Human Rights Abuse Against Anc Prisoners And Detainees By Anc Members, Motsuenyane Commission Of Inquiry, Margaret A. Burnham, Bernard E. Harcourt, David E. Loftis, Samuel M. Motsuenyane, David M. Zamchiya
Report Of The Commission Of Enquiry Into Certain Allegations Of Cruelty And Human Rights Abuse Against Anc Prisoners And Detainees By Anc Members, Motsuenyane Commission Of Inquiry, Margaret A. Burnham, Bernard E. Harcourt, David E. Loftis, Samuel M. Motsuenyane, David M. Zamchiya
Faculty Projects
The Motsuenyane Commission of Inquiry was appointed by the President of the African National Congress of South Africa (ANC), Dr. Nelson Mandela, to investigate allegations of human rights abuses and alleged disappearances among its members. Its terms of reference were dated the 12th January, 1993. This is a historic event insofar as it is the first time that a liberation movement has engaged an independent commission to review allegations that its members violated human rights guarantees within its ranks.
The Right To Food And Freedom From Hunger In The Past Sixth Of A Century, Sompong Sucharitkul
The Right To Food And Freedom From Hunger In The Past Sixth Of A Century, Sompong Sucharitkul
Publications
It is proposed in the present paper to examine the process of practical implementation of the "right to food" as a human right and "the right to be free from hunger" or in a more fashionable parlance "freedom from hunger". Both aspects of this fundamental freedom or basic right can be found enshrined in paragraphs 1 and 2 of Article 11 (Basic Needs) of the United Nations Covenant on Economic, Social and Cultural Rights 1966 (hereinafter "the Covenant"). Our enquiry will cover the period following the Hague Lectures of President Eduardo Jimenez de Arichaga so as to complete the half …
Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod
Minorities And Diversities: The Remarkable Experiment Of The League Of Nations, Carol Weisbrod
Faculty Articles and Papers
No abstract provided.
Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz
Aiding And Abetting Persecutors: The Seizure And Return Of Haitian Refugees In Violation Of The U.N. Refugee Convention And Protocol, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
Pursuant to Executive Order 12,807 of May 23, 1992, the “Kennebunkport Order,” United States Coast Guard cutters have been intercepting boatloads of Haitian citizens in international waters off the coast of Haiti and turning them over to the Haitian authorities in Port-au-Prince. No questions are being asked to determine if any of these citizens are bona fide refugees fleeing persecution. All are simply returned.
Does the Protocol relating to the Status of Refugees (Protocol), to which the United States is a party, permit the U.S. government to do this? That question is now before the United States Supreme Court. Regarding …
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The European Convention On Human Rights And The Authority Of Law, Richard Kay
The European Convention On Human Rights And The Authority Of Law, Richard Kay
Faculty Articles and Papers
By almost all accounts, the system of international law established by the European Convention on Human Rights has been successful to a degree unimaginable when the Convention was signed in 1950. The European Court of Human Rights now routinely issues judgments finding the states party to the Convention to have defaulted in their obligations under it. Those judgments, sometimes touching on difficult and controversial issues that might have been thought to lie at the center of state sovereignty, are, almost equally routinely, honored by the respondent states who both pay the compensation ordered by the Court and also adjust their …
Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth
Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
A Comment On The Canadian Bar Association's Gender Equality Task Force Report, Dianne Pothier
Dianne Pothier Collection
The Task Force Report is a comprehensive one that deserves to be read by all members of the profession. It documents widespread problems and suggests wide ranging solutions. Reading a review is not an adequate substitute. A review can only touch on highlights, whereas it is in the detail of the Report that its real impact lies. This review will briefly comment on each of the themes announced in the title of the Report: equality, diversity, and accountability. Although in my assessment the report is in some respects too timid, that should not take away from the fact the Report …
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin
Scholarly Articles
No abstract provided.
Neutral Partisan Lawyering And International Human Rights, Rob Atkinson
Neutral Partisan Lawyering And International Human Rights, Rob Atkinson
Scholarly Publications
This Essay considers the applicability of a particular model of legal ethics, neutral partisanship, to American lawyers’ representation of those who violate, or are accused of violating, international human rights. I maintain that neutral partisanship, a deficient model for American lawyers in their domestic practice, is even more problematic when applied in the international arena. The central question is this: are there limits, short of engaging in illegal conduct, that should constrain lawyers in the representation of those who violate international human rights? Neutral partisanship holds that any lawyer may, or, more strongly, must, pursue any legal end for any …
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya
Publications
No abstract provided.
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen
Articles & Chapters
The problem of refugees is a worldwide phenomenon. The
twentieth century has been called the century of refugees. Its
history is replete with mass displacements of peoples fleeing war,
political oppression, human rights deprivations or disasters of one
kind or another. Currently, there are about seventeen million refugees
around the world. The specter of masses of refugees huddled
at national boundaries seeking asylum is common to the experience
of many nations. The United States, being a nation of
immigrants and a land of opportunity, is certainly not immune
from such pressures, as most recently illustrated by the exodus of
the …
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China, Diane Orentlicher
Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Solidarity Or Solipsistic Tunnel Vision? Reminiscences Of A Renegade Rapporteur, Richard F. Devlin Frsc
Solidarity Or Solipsistic Tunnel Vision? Reminiscences Of A Renegade Rapporteur, Richard F. Devlin Frsc
Articles, Book Chapters, & Popular Press
In short, human rights is "an essentially contested concept". I think it is important to be clear right from the beginning as to what we mean by human rights, because that assumption will determine the remainder of our analysis. Two conceptions, in particular, tended to surface in the Conference and it is important to spotlight them because they underpin, concretize and reflect many of the other tensions of the last couple of days. These I shall call "the essentialist" and "the critical modernist" versions of human rights.
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam
Articles
No abstract provided.
Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer
Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer
Faculty Scholarship
No abstract provided.
The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell
The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell
Faculty Works
No abstract provided.
The Intersection Of Natural Rights And Positive Constitutional Law, Randy E. Barnett
The Intersection Of Natural Rights And Positive Constitutional Law, Randy E. Barnett
Georgetown Law Faculty Publications and Other Works
In this brief essay, the author describes what he sees to be the unavoidable connection between natural law--or, more accurately, natural rights--and the positive law that is the subject of constitutional adjudication. This connection would exist whether or not there is a conceptual distinction between natural and positive law of the sort that Professor Fred Schauer maintains in his article, Constitutional Positivism. Because of this connection, judges in a world in which legal positivism is "true" should act, on occasion, as though the natural rights approach is' correct. And if this is true then, the author maintains, the natural …
Crime, Race And Reproduction, Dorothy E. Roberts
Crime, Race And Reproduction, Dorothy E. Roberts
All Faculty Scholarship
No abstract provided.
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery
Articles & Book Chapters
No abstract provided.