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Articles 1 - 30 of 55
Full-Text Articles in Law
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
Afterword – Straightness As Property: Back To The Future-Law And Status In The 21st Century, Symposium: Liberalism And Property Rights, Berta E. Hernández-Truyol, Shelbi D. Day
UF Law Faculty Publications
As is evident from the other works in this Symposium, throughout history in both the United States and the greater Western World, status-based exclusion of individuals and groups from property rights has been central to the existence of political and social hierarchies. Specifically, exclusion based on status — whether it be nationality, culture, race, sex or sexuality — has plagued our history and has been integral in the formation and development of both constitutional and property law regimes. Consequently, both regimes are at best uneven in the grant and distribution of rights and benefits.
A forward-looking examination of the link …
Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol
Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta E. Hernández-Truyol
UF Law Faculty Publications
This essay originated with a panel on Alternatives to the Regular Courts that took place during the first Legal and Policy Issues in the Americas conference sponsored by the University of Florida Levin College of Law. Some of the possible alternatives to the courts, in the trade field, that have been discussed include mediation, arbitration, constitutional courts and binational dispute panels. This essay reflects upon another alternative to domestic courts that progressively and increasingly is also being invoked in the trade context: international and regional human rights regimes.
I specifically will review the Inter-American Human Rights System to ascertain the …
In Memoriam Rafael C. Benitez, Keith S. Rosenn
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Report On The Workshop On Refugee And Asylum Policy In Practice In Europe And North America, Randall Hansen, Susan Martin, Andrew I. Schoenholtz, Patrick Weil
Georgetown Law Faculty Publications and Other Works
Western nations have struggled to accomplish the dual goals of refugee and asylum policies: (1) identifying and protecting Convention refugees as well as those fleeing civil conflict; and (2) controlling for abuse. The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue to explore just how well these asylum systems are balancing the dual goals. The workshop exa!llined key elements of the U.S. and European asylum systems: decision making on claims, deterrence of abuse, independent review, return of rejected asylum seekers, scope of the refugee concept, social rights and …
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Asylum In Practice: Successes, Failures, And The Challenges Ahead, Susan Martin, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
The Workshop on Refugee and Asylum Policy in Practice in Europe and North America was organized to facilitate a transatlantic dialogue aimed at understanding just how well these asylum systems are balancing the dual goals. The Workshop was convened by the Institute for the Study of International Migration (ISIM) of Georgetown University and the Center for the Study of Immigration, Integration and Citizenship Policies (CEPIC) of the Centre Nationale de Recherche Scientifique, with the support of the German Marshall Fund of the United States. It was held on July 1-3, 1999, at Oxford University.
The workshop examined key issues …
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues, and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
Faculty Articles and Other Publications
International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …
Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos
Critical Race Theory And Autobiography: Can A Popular Genre Make A Serious Academic Contribution?, Sylvia R. Lazos
Scholarly Works
This Essay reviews “Notes of a Racial Caste Baby, Colorblindness and the End of Affirmative Action” by Bryan K. Fair, “How Did You Get to Be a Mexican? a White/Brown Man's Search for Identity” by Kevin R. Johnson, and “To be an American: Cultural Pluralism and the Rhetoric of Assimilation” by Bill Ong Hing. This Essay examines the potential contributions each book makes to legal scholarship and the popular press. The Essay first describes how each author uses the autobiographical narrative and what these narratives accomplish. The Essay examines each book's legal agenda and assesses how well each author achieves …
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Discrimination And Business Regulation (The Supreme Court And Local Government Law: The 1999-2000 Term), Eileen Kaufman
Scholarly Works
No abstract provided.
From Nuremberg To The Rwanda Tribunal: Justice Or Retribution?, Makau Mutua
From Nuremberg To The Rwanda Tribunal: Justice Or Retribution?, Makau Mutua
Journal Articles
No abstract provided.
Democratic Transitions And The Future Of Asylum Law, Peter Margulies
Democratic Transitions And The Future Of Asylum Law, Peter Margulies
Law Faculty Scholarship
The United States's commitment to protecting refugees is dying a slow death. Two developments have contributed to its demise. The first, widely heralded, is the United States Congress's evisceration of procedural safeguards such as judicial review. The second development is more insidious: expansion of the asylum law doctrine, which holds that changed country conditions can defeat an otherwise valid asylum claim. In an age in which democracy seems triumphant throughout the world, the combination of severely curtailed judicial review and mechanical application of the changed conditions doctrine relegates refugees, as well as asylum law itself, to an uncertain future.' This …
Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody
Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody
Law Publications
No abstract provided.
Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher
Report On The Situation Of Roma And Sinti In The Osce Area, Diane Orentlicher
Reports
A report on the situation of Roma and Sinti in the OSCE area with regard to discrimination and racial violence, education, living conditions and political participation.The Report on the Situation of Roma and Sinti in the OSCE Area contains detailed information on discrimination and racial violence, education, living conditions and political participation. It also includes recommendations on these issues.Publisher: Organization for Security and Co-operation in Europe available at https://www.osce.org/hcnm/32350
Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele
Comparison Between Freedom Of Religion In Germany And In The United States In General And The Treatment Of The Church Of Scientology Specifically, Wolfgang Eichele
LLM Theses and Essays
The thesis first gives background information about the general development of fundamental rights in both Germany and the United States and specifically the freedom of religion. The analysis discusses in particular freedom of religion granted by Article 4 of the Basic Law in Germany and the religious clauses of the First Amendment of the American Constitution. In the first conclusion, the differences in the interpretations of the religious clauses both in Germany and the United States will be stated. These differences will then be illustrated by a discussion on the Church of Scientology through its basic facts, history, ideas, and …
Humanitarian Intervention At A Crossroads, Bartram Brown
Humanitarian Intervention At A Crossroads, Bartram Brown
All Faculty Scholarship
No abstract provided.
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
The Inter-American Human Rights Systems: Activities During 1999 Through October 2000, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf
Faculty Publications
This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.
Ending The Apartheid Of The Closet: Sexual Orientation In The South African Constitutional Process, Eric C. Christiansen
Ending The Apartheid Of The Closet: Sexual Orientation In The South African Constitutional Process, Eric C. Christiansen
Publications
This paper will briefly examine the process of creating a new South African Constitution in the 1990s. Nearly a decade of talks preceded the adoption of South Africa's first multi-racial democratic constitution in 1994. These talks and the subsequent drafting conventions created an astonishing document, stunning in its novelty in South African history, in its expressed values, and in its fundamental compromises. Part Three draws on a wide variety of primary documents from disparate sources to offer an original historical reconstruction of the inclusion of sexual orientation protections in the policy documents, Bill of Rights drafts, and constitutional proposals of …
Election Monitoring: The International Legal Setting, Gregory H. Fox
Election Monitoring: The International Legal Setting, Gregory H. Fox
Law Faculty Research Publications
No abstract provided.
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Faculty Scholarship
In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya
Publications
No abstract provided.
Connecting Grounds Of Discrimination To Real People's Real Experiences, Dianne Pothier
Connecting Grounds Of Discrimination To Real People's Real Experiences, Dianne Pothier
Dianne Pothier Collection
From the outset, the prevailing approach to human rights statutes in Canada has been predicated on a closed list of prohibited grounds of discrimination. The early drafts of s. 15 of the Canadian Charter of Rights and Freedoms likewise had a closed list of enumerated grounds, but the final version qualifies those grounds as "in particular", opening the door for a broader application of s. 15. Nonetheless, the Supreme Court of Canada, with the exception of Justice L'Heureux-Dube, has insisted that establishing a prohibited ground, either enumerated or analogous, is a requisite condition to a s. 15 breach. In the …
Corporate Transparency And Human Rights, 8 Tulsa. J. Comp. & Int'l L. 15 (2000), William B.T. Mock
Corporate Transparency And Human Rights, 8 Tulsa. J. Comp. & Int'l L. 15 (2000), William B.T. Mock
UIC Law Open Access Faculty Scholarship
No abstract provided.
Human Rights And Corporate Responsibility, 8 Tulsa. J. Comp. & Int'l L. 1 (2000), Mark E. Wojcik
Human Rights And Corporate Responsibility, 8 Tulsa. J. Comp. & Int'l L. 1 (2000), Mark E. Wojcik
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Finality Of Judgment And Sentence Prerequisite In The United States-Peru Bilateral Prisoner Transfer Treaty: Calling Congress And The President To Reform And Justifying Jurisdiction Of The Inter-American Human Rights Commission And Court, 15 Am. U. Int'l L. Rev. 1071 (2000), Ralph Ruebner, Lisa Carroll
UIC Law Open Access Faculty Scholarship
No abstract provided.
Gender Politics In Global Governance, Berta E. Hernández-Truyol
Gender Politics In Global Governance, Berta E. Hernández-Truyol
UF Law Faculty Publications
Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to the …
Moving Toward Improved Human Rights Enforcement In The Americas, Claudio Grossman
Moving Toward Improved Human Rights Enforcement In The Americas, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Email To Kate On Article Changes, Wendy J. Gordon
Email To Kate On Article Changes, Wendy J. Gordon
Scholarship Chronologically
Here are further corrections to my article (Chapter 10).
A Comparative Analysis Of Anti-Trafficking Intervention Approaches In Nepal, Catrin Evans, Pankaja Bhattarai, Celine Daly, Vaishali Sharma Mahendra, Nick Langton
A Comparative Analysis Of Anti-Trafficking Intervention Approaches In Nepal, Catrin Evans, Pankaja Bhattarai, Celine Daly, Vaishali Sharma Mahendra, Nick Langton
Poverty, Gender, and Youth
This report on current intervention models is part of a larger research study entitled “Intervention Needs for the Prevention of Trafficking and the Care and Support of Trafficked Persons in the Context of an Emerging HIV/AIDS Epidemic in Nepal.” The United States Agency for International Development supported this comprehensive study under the Population Council’s Horizons Program. The Population Council subcontracted the Asia Foundation in Kathmandu to conduct the research. This report documents and analyzes current intervention models for the prevention of trafficking and the care and support of trafficked persons in Nepal. Between August and September 2000, two researchers interviewed …
Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin
Their Promises Of Paradise: Will Olmstead V. L.C. Resuscitate The Constitutional Least Restrictive Alternative Principle In Mental Disability Law, Michael L. Perlin
Articles & Chapters
This article argues that the Supreme Court's decision in Olmstead v. L.C., 119 S. Ct. 2176 (1999), finding a qualified right to community treatment and services for certain institutionalized persons under the Americans with Disabilities Act (ADA) and endorsing an "integration mandate," forces us to reconsider the role of the "least restrictive alternative" in institutional mental disability law, and may serve to resuscitate and revitalize the constitutional foundations of that principle in this area of the law. In this context, Olmstead has the capacity to be the Supreme Court's most therapeutic mental disability law decision since that Court decided, in …