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Full-Text Articles in Law

The Rights Of The New Untouchables: A Constitutional Analysis Of Hiv Jurisprudence In India, Jayanth K. Krishnan Jan 2003

The Rights Of The New Untouchables: A Constitutional Analysis Of Hiv Jurisprudence In India, Jayanth K. Krishnan

Articles by Maurer Faculty

It is believed that India will soon have the highest number of HIV/AIDS cases of any country. Some reports project that 37 million people will be infected within the next two decades. Sadly, few studies have examined the legal claims of those who suffer with this disease in this, the world's largest democracy. In this article, I systematically examine how the courts in India have responded to rights-based claims brought by people who have HIV. The conventional wisdom is that the Indian judiciary frequently protects the rights of the poor, the under-represented, and the ill. But my findings reveal that, …


Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa Jan 2003

Advancing The Language Of Human Rights In A Global Economic Order: An Analysis Of A Discourse, Christiana Ochoa

Articles by Maurer Faculty

Human rights language is particularly attuned to setting out the goals of protecting the worlds least protected people. As human rights advocates have entered negotiations with international economic institutions and transnational corporations (TNCs), such negotiations have often resulted in an alternative language to describe the necessity of protecting and promoting human rights. After describing the progressive inclusion of human rights ideas by TNCs, the World Bank, the IMF, and the WTO, this Article argues that, while such inclusion is a benefit to the human rights movement, the creation of an alternative language to describe human rights goals is potentially detrimental. …