Law Commons^™

Injustice Casts Shadow On History Of State Executions, John Bessler

All Faculty Scholarship

This article, published in the StarTribune of Minneapolis, discusses the history of lynchings and executions in the State of Minnesota. It specifically discusses miscarriages of justice that have taken place in Minnesota, along with highlighting other problems associated with capital punishment.

Speaking Law To Power: Joan Fitzpatrick, 1950-2003 (Obituary), Jennifer Moore

Faculty Scholarship

Her scholarship embraced the rights of refugees and migrants, legal limits on the waging and methodology of war, due process before international tribunals, and essential restraints on the exercise of state power in self-proclaimed emergencies, including the war on terrorism.

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers

Articles

This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.

The Petrochina Syndrome: Regulating Capital Markets In The Anti-Globalization Era, Stephen F. Diamond

Cornell Law Faculty Publications

No abstract provided.

Discourse In Development: Viewing The United Nations Committee On Economic, Social And Cultural Rights Through The Post-Colonial Lens, Beth Lyon

Working Paper Series

This article uses post-colonial theory to examine the cluster of international human rights known as economic, social and cultural rights. The article surveys the jurisprudence of the UN Committee on Economic, Social and Cultural Rights, making it relevant for scholars of international human rights as well as post-colonial theory.

Traditionally, international human rights divide into two branches: 1) civil and political rights, and 2) economic, social and cultural rights (ESCRs). ESCRs were virtually ignored during the cold war era, but they now receive expanded attention at the international and regional levels. The creation of the UN Committee on Economic, Social …

Reservations, Human Rights Treaties In The 21st Century: From Universality To Integrity, Pierrick Devidal

LLM Theses and Essays

This thesis is a study of the question of the legality of reservations to international human rights treaties. The evolution of reservations law demonstrates that the system seek to promote universal adherence to multilateral treaties through flexible rules that reflects the superiority of national sovereignty in the international society. However, the flexibility of reservation law as codified in the Vienna Convention of the Law of Treaties has facilitated wide acceptance of multilateral treaties at the cost of their integrity. In the case of human rights treaties, this issue is of paramount importance considering the essentiality of a balance between integrity …

The Role Of Non-Judicial Mechanisms In Protecting Individual Rights : The China And Hong Kong Experiences, Ren Yue

CAPS Working Paper Series

This study intends to examine, from a socio-legal perspective, the different ways of individual rights protection in the Chinese Mainland and Hong Kong. The common misperception is that as Hong Kong Special Administrative Region is allowed to maintain its legal system inherited from the British colonial times, its residents enjoy more and wider individual freedoms than their Mainland compatriots. However, a comparison of relevant individual rights provisions of both Chinese Constitution and Hong Kong Basic Law finds that there is virtually no significant difference between them. The true differences of individual rights protection lie in various non-judicial mechanisms rooted in …

Genocide, Press Freedom, And The Case Of Hassan Ngeze, C. Edwin Baker

All Faculty Scholarship

This essay was written under contract with the United Nations to serve as background for my testimony as an expert witness in behalf of Hassen Ngeze in his prosecution before the International Criminal Tribunal for Rwanda. (On motion of the prosecutor, the Court excluded this essay - or report - and the offer of my testimony.) In the Prosecutor v. Ngeze, the prosecution charged Ngeze with direct and public incitement to genocide and conspiracy to commit genocide almost entirely on the basis of his publication of a newspaper, Kangura one of many newspapers being published in Rwanda during the period …

The United Nations And The Magna Carta For Children, Winston E. Langley

John M. McCormack Graduate School of Policy and Global Studies Publications

The impulse that invited the preparation of this book is one which is linked to the convergence of a number of factors bearing on my interest in human rights. First, the brutality visited on children during World War II has had an abiding negative effect on my sense of what is possible in human conduct. Second, I am persuaded that children are not simply the means by which human societies are continued, but, as well, the potential source of moral revitalization and transformation for those societies. Third, I recognize that the human rights movement, which followed World War II, holds …

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Faculty Publications

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Faculty Scholarship

For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

Law Faculty Publications

No abstract provided.

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Poverty Reduction, Trade, And Rights, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

My Father Is A Woman, Oh No!: The Failure Of The Courts To Uphold Individual Substantive Due Process Rights For Transgender Parents Under The Guise Of The Best Interests Of The Child, Helen Chang

Publications

Under the guise of the "best interest of the child," courts have denied biological and legal parents both custody and visitation rights over their children because these parents were either in the process of changing, or had completed a change, in their sexual and/or gender identity. One court has even terminated the parent-child relationship because of a parent's transgender status. This article proposes that a parent's transgender status does not render that parent per se unfit for custody and/or visitation. Rather, a parent's gender change should be used as merely one factor within the nexus test used by the court …

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

New Social Movements And The Struggle For Worker’S Rights In The Maquila Industry, Victoria Carty

Sociology Faculty Articles and Research

"Campaigns to improve worker’s rights in export processing zones (EPZs), also referred to the maquila industry in Latin America, is an important topic analytically and politically. On theoretical and practical levels, the co-existence of market economies with effective means to ensure adequate working conditions for workers is a critical question. Underlying the issue is a vigorous debate regarding how the global economy should be governed; who or what should govern it, and whose interest is should serve (Faux, 2002)."

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero

Journal Articles

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Journal Articles

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …

Symposium: American Muslims And Civil Rights: Testimonies And Critiques, Azizah Y. Al-Hibri

Law Faculty Publications

This town hall meeting, which highlights some of the important developments in the American Muslim experience after September 11, presents both a challenge and an opportunity to our community. Whether these new developments will provide a serious impetus for constructive change in society at large is a matter for all Americans to reflect upon. The events that have come to pass which we spotlight in this symposium will hopefully contribute to that process. In this town hall meeting, we present testimonies of average American Muslim citizens who have suffered serious harm, consequences of raids, detentions, and other actions of our …

Watching You, Watching Me, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.

"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza

Journal Articles

This article examines the judicial use of foreign jurisprudence in human rights adjudication, using as data a set of court decisions regarding the death penalty from over a dozen different tribunals in different parts of the world. The global human rights norms and judicial discourse on human rights in these cases can be understood and explained by comparing the contemporary practices to the medieval ius commune. The modern ius commune of human rights has three distinct characteristics which it shares with the historical example to which it is analogized: it is broadly transnational in scope and application; it is grounded …

Burdened By Proof: How The Australian Refugee Review Tribunal Has Failed Lesbian And Gay Asylum Seekers, Catherine Dauvergne, Jenni Millbank

All Faculty Publications

Our argument in this paper is that the evidentiary practices and procedures that have been developed by the Australian Refugee Review Tribunal are operating at a routinely low standard. Such practices contribute to decisions that are manifestly unfair and potentially wrong in law. Our conclusions are drawn from our detailed study of more than 300 refugee tribunal decisions made in Canada and Australia in response to asylum claims brought by lesbians and gay men.

Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes

All Faculty Scholarship

Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …