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Human Rights Law

2007

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Articles 1 - 30 of 139

Full-Text Articles in Law

The Man Behind The Torture, David Cole Dec 2007

The Man Behind The Torture, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Constitutional Changes, Transitional Justice, And Legitimacy: The Life And Death Of Argentina’S “Amnesty” Laws., Jose Sebastian Elias Nov 2007

Constitutional Changes, Transitional Justice, And Legitimacy: The Life And Death Of Argentina’S “Amnesty” Laws., Jose Sebastian Elias

Student Scholarship Papers

The article analyzes in-depth the legal and political process through which Argentina came, first, to amnesty former military officers who took part in the repression during the last dictatorship (1976-1983) and, then, to nullify those “amnesties” and indict the officers again eighteen years later. The thematic core is the legitimacy (or lack of it) of constitutional changes carried out by unconventional means, which are the unavoidable spin-offs of the very difficult process of transitional justice that has taken place in Argentina.

Section I gives an overview of the most salient legal and political facts of the last twenty-five years and ...


Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin Nov 2007

Faster, Higher, Stronger: Preventing Human Trafficking At The 2010 Olympics, Benjamin Perrin

All Faculty Publications

This report considers the upcoming 2010 Olympics in Vancouver in the context of Canada’s human trafficking response to date, and makes recommendations to ensure that this event showcases our best to the world – and is not a flashpoint for human trafficking.


Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian Oct 2007

Market Triumphalism, Electoral Pathologies, And The Abiding Wisdom Of First Amendment Access Rights, Gregory P. Magarian

Working Paper Series

Forty years ago, Professor Jerome Barron made the classic case that the First Amendment requires not merely protection of speech against government interference but provision of access to the means of mass communication. The Supreme Court in the ensuing decades has largely rejected Barron’s approach. In this article, Professor Magarian defends Barron’s case for access rights against the two theoretical critiques that have underwritten its doctrinal rejection. The libertarian critique attacks the normative underpinnings of access rights, maintaining that the First Amendment insulates market-driven distributions of expressive opportunities. Professor Magarian demonstrates that politically progressive and conservative libertarian critics ...


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Oct 2007

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Project on Addressing Prison Rape - Articles

Brenda V. Smith was asked to present one of the keynote addresses for the symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. She then wrote the introductory essay for the publication which arose from that symposium. This essay addresses why it is imperative to reclaim the discourse about women in prison and discusses how the other papers that appear in this issue aid in that project.


Defining And Measuring Access To Knowledge: Towards An A2k Index, Lea Shaver Sep 2007

Defining And Measuring Access To Knowledge: Towards An A2k Index, Lea Shaver

Faculty Scholarship Series

Comparative indices are widely used in international development circles to benchmark and monitor public policy objectives. To date, however, no one has examined how an index of Access to Knowledge might be constructed. This article examines the methodological issues involved in such a project and provides a blueprint for the development of a robust and reliable A2K Index. For those new to the Access to Knowledge framework, this article also serves as a concrete and concise orientation to the ideological perspective rapidly reshaping the fields of international development, communications, technology, education, and intellectual property policy.


Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan Sep 2007

Head Of State Criminal Responsibility For Environmental War Crimes: Case Study: The Arabian Gulf Armed Conflict 1990-1991, Meshari K. Eifan

Dissertations & Theses

This paper aims to provide a comparative study of the existing international criminal law framework and its relation to environmental protection during armed conflict. To approach this objective, the study will review the environmental crisis that occurred during the armed conflict in the Arabian Gulf in 1990-1991 as a case study for determining whether the international community adequately responds to these events.

Thus, this study is divided into five main parts. Part I assesses the justifications for a remedy, the criminal remedy, that is more adequate than the United Nations remedy taken toward Saddam Hussein’s actions against the environment ...


Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes Aug 2007

Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes

All Faculty Scholarship

No abstract provided.


Standard Setting In Human Rights: Critique And Prognosis, Makau Mutua Aug 2007

Standard Setting In Human Rights: Critique And Prognosis, Makau Mutua

Journal Articles

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy across various ...


Reparations: A Comparative Perspective, Fernanda G. Nicola Aug 2007

Reparations: A Comparative Perspective, Fernanda G. Nicola

Articles in Law Reviews & Other Academic Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y ...


Reparations: A Remedies Law Perspective, Darren L. Hutchinson Aug 2007

Reparations: A Remedies Law Perspective, Darren L. Hutchinson

Articles in Law Reviews & Other Academic Journals

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing ...


Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon Aug 2007

Reparations Of The Inter-American Human Rights System In Cases Of Gross And Systemic Violations Of Human Rights: The Colombian Case, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

The author uses the case of Colombia, a country with which the inter-American human rights system has dealt in the last twenty-five years, as an example to try to illustrate how the Inter-American Human Rights Commission and Inter-American Court for Human Rights have balanced the issue of remedies and reparations with the difficult task of repairing gross and systematic violations. The case of Colombia provides some insight on how international mechanisms are implemented in this region and, particularly, how some of Colombia’s official institutions and non-governmental organizations are trying to engage in a dialogue at the international level in ...


The Grand Inquisitors, David Cole Jul 2007

The Grand Inquisitors, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard Jul 2007

Without Limitation: 'Groundhog Day' For Incompetent Defendants, J. Amy Dillard

All Faculty Scholarship

This Article offers a brief overview of the standards for determining competency to stand trial. After examining the seminal case of Jackson v. Indiana, which held that the indefinite pre-trial detention of incompetent defendants violates due process, this Article argues that Virginia Code § 19.2-169.3, like statutes in twenty other states, violates a defendant's right to substantive due process, including the right to be free from forcible medication. This Article proposes legislation that will make the process constitutional, while addressing the concerns about the release of dangerous individuals held by the prosecutors and the community.


Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu Jul 2007

Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.

This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human ...


The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman May 2007

The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay Apr 2007

Professional Ethics In Interdisciplinary Collaboratives: Zeal, Paternalism And Mandated Reporting, Alexis Anderson, Lynn Barenberg, Paul R. Tremblay

Boston College Law School Faculty Papers

In this Article, the authors, two clinical law teachers and a social worker teaching in the clinic, wrestle with some persistent questions that arise in cross-professional, interdisciplinary law practice. In the past decade much writing has praised the benefits of interdisciplinary legal practice, but many sympathetic skeptics have worried about the ethical implications of lawyers working with nonlawyers, such as social workers and mental health professionals. Those worries include the difference in advocacy stances between lawyers and other helping professionals, and the mandated reporting requirements that apply to helping professionals but usually not to lawyers. This Article addresses those concerns ...


When Legal System Collide: The Judicial Review Of Freezing Measures In The Fight Against International Terrorism, Matteo M. Winkler Apr 2007

When Legal System Collide: The Judicial Review Of Freezing Measures In The Fight Against International Terrorism, Matteo M. Winkler

Student Scholarship Papers

Since 1999, the U.N. Security Council enacted several resolutions, requiring member states to freeze the assets of suspected terrorists. Unlike the U.N. system, that lacks a mechanism of judicial review, the European Convention on Human Rights provides the judicial review of measures restraining individual property rights. The principle of prevalence under article 103 of the U.N. Charter makes the Council resolutions to prevail over the regional instruments of human rights protection. This note tries to challenge this perspective, by criticizing in detail a decision of the European Court of First Instance of 2005 that affirms the principle ...


Slicing The American Pie: Federalism And Personal Law, Jeffrey A. Redding Apr 2007

Slicing The American Pie: Federalism And Personal Law, Jeffrey A. Redding

Faculty Scholarship Series

In this piece, I draw upon Indian and other comparative legal experience to argue that the present U.S. system of territorial federalism resonates deeply with those systems of “personal law” that are commonly found around the world. Under a personal law system, a state enforces different laws for each of the state’s different religious or ethnic communities - which is one reason such systems have been so heavily interrogated by U.N. and other international organisations for their human rights implications. Similarly, as well, U.S. First Amendment jurisprudence has frowned upon the carving out of religious-group exceptions to ...


Punish Or Surveil, Diane Marie Amann Apr 2007

Punish Or Surveil, Diane Marie Amann

Scholarly Works

This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were ...


Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes Apr 2007

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Worker Rights, Elizabeth Keyes

All Faculty Scholarship

At the November 2006 symposium presented by the University of Maryland Law Journal of Race, Religion, Gender and Class, the panelists discussed various issues regarding human trafficking. One entity at the forefront of the fight against human trafficking is CASA of Maryland. This article contains remarks originally made by the author that focused the topic of human trafficking on one particular group of workers: domestic workers. That particular group provides an interesting study because of the many race and gender issues that are wrapped up in the treatment of domestic workers under the law.


Communications Theory And World Public Order: The Anthropomorphic, Jurisprudential Foundations Of International Human Rights, Winston P. Nagan, Craig Hammer Apr 2007

Communications Theory And World Public Order: The Anthropomorphic, Jurisprudential Foundations Of International Human Rights, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

This Article seeks to integrate different strains of knowledge and enlightenment from contradictory and often contentious jurisprudential perspectives. Our approach is to use elements of modern jurisprudence as tools and markers for a more adequate description and intellectual justification of the foundations of modern human rights law. This focus integrates existing literature that surveys law-making outside the context of the State, including the law of non-State groups, such as Jewish Law and Gypsy Law. It also examines the relevance of communications theory to law generated (in a functional sense) by individual interaction on a face-to-face basis (which Professor Harold Lasswell ...


Pedagogy Of The Suppressed: A Class On Race And The Death Penalty, Phyllis Goldfarb Mar 2007

Pedagogy Of The Suppressed: A Class On Race And The Death Penalty, Phyllis Goldfarb

Boston College Law School Faculty Papers

What does it mean to contextualize legal doctrine and how does contextualization matter? This essay explores a general pedagogy of contextualization within the particular context of a class on race and the death penalty. Teaching the Supreme Court's infamous 1987 opinion in the case of McCleskey v. Kemp within its historical, doctrinal, cultural, and human contexts--rather than as a self-explanatory pronouncement--provides a deeper understanding of America's death penalty system, its connection to America's racial caste system, and the Supreme Court's role in each. These multiple contexts provide a foundation for comprehension and critique of values served ...


Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ Mar 2007

Slides: Environmental Justice: Comprehensive Approach, Nicholas Targ

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Nicholas Targ, Holland & Knight, former Associate Director for Environmental Justice Integration, Office of Environmental Justice, U.S. Environmental Protection Agency

16 slides


Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard Mar 2007

Deadly Waiting Game: An Environmental Justice Framework For Examining Natural And Man-Made Disasters Beyond Hurricane Katrina [Abstract], Robert D. Bullard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Robert D. Bullard, Ph.D., Professor of Sociology, Clark Atlanta University

1 page.


Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard Mar 2007

Summary Of Presentation: Climate Of Environmental Justice Conference, Michael B. Gerrard

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Michael B. Gerrard, Partner, Arnold & Porter LLP, New York, NY

2 pages.


Healing Earth, Helping Neighbors: Using Brownfield Remediation Projects To Advance Environmental Justice [Outline], Willie Shepherd Mar 2007

Healing Earth, Helping Neighbors: Using Brownfield Remediation Projects To Advance Environmental Justice [Outline], Willie Shepherd

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Willie Shepherd, Chairman and Co-Founder, Kamlet Shepherd & Reichert, LLP

2 pages.

"Presentation Outline"


Second Generation Environmental Justice: Challenges And Opportunities, Rachel D. Godsil Mar 2007

Second Generation Environmental Justice: Challenges And Opportunities, Rachel D. Godsil

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rachel D. Godsil, Professor of Law, Seton Hall Law School

3 pages.


Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie Mar 2007

Indigenous Peoples And Environmental Justice: The Impact Of Climate Change, Rebecca Tsosie

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Rebecca Tsosie, Professor of Law, Arizona State University

1 page.


Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon Mar 2007

Climate Changes And The Poorest Nations: Further Reflections On Global Inequality, Ruth Gordon

The Climate of Environmental Justice: Taking Stock (March 16-17)

Presenter: Ruth Gordon, Professor of Law, Villanova University School of Law

3 pages.