Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgetown University Law Center (8)
- American University Washington College of Law (7)
- New York Law School (4)
- Maurer School of Law: Indiana University (3)
- University of Pennsylvania Carey Law School (3)
-
- Wayne State University (3)
- Chicago-Kent College of Law (2)
- Cornell University Law School (2)
- Notre Dame Law School (2)
- Schulich School of Law, Dalhousie University (2)
- University of Florida Levin College of Law (2)
- University of Georgia School of Law (2)
- University of Michigan Law School (2)
- University of Pittsburgh School of Law (2)
- BLR (1)
- Boston University School of Law (1)
- Brigham Young University Law School (1)
- Brooklyn Law School (1)
- Columbia Law School (1)
- Golden Gate University School of Law (1)
- Osgoode Hall Law School of York University (1)
- Roger Williams University (1)
- Seattle University School of Law (1)
- Southern Methodist University (1)
- St. John's University School of Law (1)
- Technological University Dublin (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- UIC School of Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Baltimore Law (1)
- Keyword
-
- Human Rights Law (13)
- Human rights (13)
- International law (9)
- International Law (4)
- Terrorism (4)
-
- International human rights (3)
- Treaties (3)
- Asylum (2)
- Civil Rights (2)
- Constitution (2)
- Gay (2)
- Gender (2)
- Genocide (2)
- Health Law and Policy (2)
- Housing (2)
- Human rights law (2)
- Law and Society (2)
- Protection (2)
- Refugees (2)
- States (2)
- United nations (2)
- War (2)
- Abroad (1)
- Actionable (1)
- Advocacy (1)
- Affirmative (1)
- African Americans (1)
- Age (1)
- Alien (1)
- Alien Tort Statute (1)
- Publication
-
- Articles in Law Reviews & Other Academic Journals (7)
- Faculty Scholarship (7)
- All Faculty Scholarship (6)
- Georgetown Law Faculty Publications and Other Works (6)
- Articles (5)
-
- Scholarly Works (4)
- Articles & Chapters (3)
- Articles by Maurer Faculty (3)
- Faculty Publications (3)
- Law Faculty Research Publications (3)
- Articles, Book Chapters, & Popular Press (2)
- Cornell Law School Inter-University Graduate Student Conference Papers (2)
- Journal Articles (2)
- Publications (2)
- Testimony Before Congress (2)
- UF Law Faculty Publications (2)
- Aboriginal Policy Research Consortium International (APRCi) (1)
- Articles & Book Chapters (1)
- Faculty Articles (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Law Review Articles (1)
- Law Faculty Publications (1)
- Law Faculty Scholarship (1)
- McGeorge School of Law Scholarly Articles (1)
- Other Publications (1)
- Reviews (1)
- The Ohio State University Moritz College of Law Working Paper Series (1)
- UIC Law White Papers (1)
- University of San Diego Public Law and Legal Theory Research Paper Series (1)
Articles 1 - 30 of 72
Full-Text Articles in Law
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
Occupation Failures And The Legality Of Armed Conflict: The Case Of Iraqi Cultural Property, Mary Ellen O'Connell
The Ohio State University Moritz College of Law Working Paper Series
US Secretary of Defense Donald Rumsfeld dismissed the looting of the Iraqi National Museum in April 2003 by remarking, “stuff happens.” In doing so, he gave an early indication that in planning to invade Iraq, the Bush Administration failed to take seriously the legal obligations of an occupying power. Occupying powers have a variety of binding legal obligations, including obligations to stop looting, protect cultural property, and protect persons in detention. Yet, the Administration sent a wholly inadequate force to fulfill those obligations, and, more seriously, the force received no direct and imperative orders to do so. As a result, …
Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore
Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore
Faculty Scholarship
Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
Mental Disorder And The Civil/Criminal Distinction, Grant H. Morris
University of San Diego Public Law and Legal Theory Research Paper Series
This essay, written as part of a symposium issue to commemorate the 50th anniversary of the University of San Diego Law School, discusses the evaporating distinction between sentence-serving convicts and mentally disordered nonconvicts who are involved in, or who were involved in, the criminal process–people we label as both bad and mad. By examining one Supreme Court case from each of the decades that follow the opening of the University of San Diego School of Law, the essay demonstrates how the promise that nonconvict mentally disordered persons would be treated equally with other civilly committed mental patients was made and …
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Is Criminal Justice A Casualty Of The Bush Administration's War On Terror?, Michael Greenberger
Faculty Scholarship
Relying on Article I Presidential War Powers, the Bush administration has employed many detention and law enforcement strategies in fighting the War on Terrorism that seemingly give short shrift to traditional constitutional protections. The first of these strategies will be subject to Supreme Court resolution by the end of this Term and concerns the Bush Administration tactic of unilaterally declaring U.S. citizens to be "enemy combatants," thereby subjecting them to incarceration in military prisons without any right to counsel, prior judicial process, or judicial review of this status. Another strategy employed on a widespread basis by the DOJ after September …
Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule
Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule
Faculty Publications
For decades, multinational businesses have self-regulated their operations with respect to human rights, largely unfettered by international law. In recent years, however, human rights groups have advocated that the United Nations (“UN”) create clear legal obligations for multinationals respecting their human rights-related conduct. At least partly due to the substantial burden such obligations could place on international businesses, these efforts by human rights proponents have proven largely fruitless--until now.On August 13, 2003, the UN Sub-commission on the Promotion and Protection of Human Rights adopted the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human …
Iran: Civil Society Versus Judiciary, A Struggle For Human Rights, Anisseh Van Engeland-Nourai
Iran: Civil Society Versus Judiciary, A Struggle For Human Rights, Anisseh Van Engeland-Nourai
Cornell Law School Inter-University Graduate Student Conference Papers
Iran faces many different challenges, both international and internal when it comes to human rights. Since the beginning of the improvements in 1997, the civil society voices its will for changes. It has grown stronger and today the Iranian civil society attempts to reform the country’s rough human rights. Their efforts are grounded in social actions. Reforms are consequently no longer coming from the top to the bottom but from the bottom to the top. Conservatives disagree with those threatening changes and respond through a variety of forms. One of the methods used are legal means. The Iranian judiciary represses …
Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir
Cornell Law School Inter-University Graduate Student Conference Papers
In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Democracy In Hong Kong: Hearing Before The Subcomm. On East Asian And Pacific Affairs Of The S. Comm. On Foreign Relations, 108th Cong., Mar. 4, 2004 (Statement Of Professor James V. Feinerman, Geo. U. L. Center), James V. Feinerman
Testimony Before Congress
No abstract provided.
Trade And Human Rights: The Future Of U.S.-Vietnamese Relationships: Hearing Before The S. Comm. On Foreign Relations, 108th Cong., Feb. 12, 2004 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider
Transnational Law As A Domestic Resource Thoughts On The Case Of Women's Rights, Elizabeth M. Schneider
Faculty Scholarship
No abstract provided.
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
Articles & Chapters
No abstract provided.
Compliance Without Remands: The Experience Under The European Convention On Human Rights, John Cary Sims
Compliance Without Remands: The Experience Under The European Convention On Human Rights, John Cary Sims
McGeorge School of Law Scholarly Articles
No abstract provided.
Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes
Expansion And Restriction: Competing Pressures On United Kingdom Asylum Policy, Elizabeth Keyes
All Faculty Scholarship
Analysis of asylum policy in the United Kingdom thus requires examination of the complex interaction between domestic and international pressures, between legislative and judicial action, and between expansionism and restrictionism. In Part I, this paper considers the history of asylum in the UK through the 1990s, looking at the changes that occurred over the 20th century, and the international legal obligations at the core of the UK's asylum policy. The paper specifically addresses Britain's new commitments to European Union asylum policies, and the ways in which Britain's overall relationship with the EU affects Britain's domestic asylum policy. In Part II, …
Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth
Retrospective Justice Or Retroactive Standards? Human Rights As A Sword In The East German Leaders Case, Brad R. Roth
Law Faculty Research Publications
No abstract provided.
The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii
The Lives Of Animals, The Lives Of Prisoners And The Revelations Of Abu Ghraib, Charles Hendrickson Brower Ii
Law Faculty Research Publications
In this Article, Professor Brower suggests that the images depicting inhuman treatment of detainees at the Abu Ghraib prison contain timely lessons about the function and the importance of legal personality. To illustrate this thesis, the Author first identifies animals as a population condemned to an existence bereft of the protections that accompany legal personality. Next, the Author describes the chilling similarities between the treatment of animals and the treatment of prisoners in Iraq and in the so-called "Global War on Terror." Finally, the Author discusses three potential lessons for a nation widely perceived to have retreated from its commitment …
Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin
Homophobia And The 'Mathew Shepard Effect' In Lawrence V. Texas, Kris Franklin
Articles & Chapters
This paper explores the significance of shifting cultural understandings of gay men and lesbians in the Supreme Court's majority, concurring and dissenting opinions in the landmark sodomy case Lawrence v. Texas. By examining the legal authorities in which the case's various opinions are grounded, the article shows that the differing positions taken by the Court reflect radically diverging views on the significance of homosexuality in contemporary culture.
Beyond the rather easy observation that the Supreme Court justices are speaking different languages in the Lawrence opinion, the article contends that the rhetoric of the majority and dissent converge on at least …
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
The Human Right To Housing: Making The Case In U.S. Advocacy, Maria Foscarinis, Brad Paul, Bruce Porter, Andrew Scherer
Articles & Chapters
American anti-poverty advocates are increasingly focusing on expressing homelessness as a violation of fundamental human rights. Conceptualizing homelessness as a human rights violation can help add legal content to advocacy goals, and help build support for the housing resources, policy changes, and improved legal protective measures needed to ensure access to housing.
This article explores the right to housing in domestic and international law, how to evaluate compliance with the right in the United States, and how to employ legal strategies in support of claims to the right. Theauthors review the status of international law in U. S. law and …
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Beyond Reparations: An American Indian Theory Of Justice, William Bradford
Aboriginal Policy Research Consortium International (APRCi)
No abstract provided.
Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch
Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch
Law Faculty Publications
No abstract provided.
Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown
All Faculty Scholarship
No abstract provided.
Barely Borders: Issues Of International Law, Bartram Brown
Barely Borders: Issues Of International Law, Bartram Brown
All Faculty Scholarship
No abstract provided.
Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow
Development Decision Making And The Content Of International Development Law, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
International development law deals with the rights and duties of states and other actors in the development process. As the consensus view of the development process disintegrated during the 1970s and 1980s, the agreement on the content of international development law also began to break down. Today there are two competing idealized views of development. The first, the traditional view, maintains that development is about economic growth, which can be distinguished from other social, cultural, environmental, and political development issues in society. The second, the modern view, maintains that development is an integrated process of change involving intertwined economic, social, …
Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena
Prospects For Human Rights Advocacy In The Wake Of September 11, 2001, Juan E. Mendez, Javier Mariezcurrena
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros
Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros
Publications
To function with adequate predictability and efficiency, the international community must maintain orderly relations among its members. This necessarily requires that members develop international norms of behavior and accept a certain loss of their otherwise exclusive sovereignty. Nowhere has the enforcement of international norms been more pronounced than in the area of human rights. International human rights norms directly challenge conventional notions of exclusive state sovereignty and unilateral action. The United States has long been a motive force behind the international human rights movement, opening its federal courts to redress human rights violations committed domestically or abroad. Specifically, federal courts …
A Positive Right To Protection For Children, Tamar Ezer
A Positive Right To Protection For Children, Tamar Ezer
Articles
Concepts that are useful in other areas of human rights break down in the context of children. Because children are dependent on adults for their development, they are an anomaly in the liberal legal order, which views negative rights as implying fully rational, autonomous individuals that can exercise free choice. This Article argues for a positive right to protection for children, rooted in dignity, by probing the problematic nature of the positive/negative rights duality and exploring alternate legal approaches to protecting children 's rights in both international and comparative law. The adoption of positive rights for children would help assure …
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Bringing In The State: Toward A Constitutional Duty To Protect From Mob Violence, Susan S. Kuo
Faculty Publications
Mob violence can inflict devastating costs. Although typically wrought by private individuals, the incidence of riot as well as extent of riot harm often turn on the adequacy of police preparation and planning. Under the English common law, local governments were responsible for providing riot protection for their denizens. In keeping with the English tradition, early state laws in the United States also provided for communal riot responsibility, and when the states ratified the Fourteenth Amendment, state obligations in the riot context were well-established. Despite the common law underpinnings of the governmental duty to protect citizens from mob violence, however, …
Retrieving Marx For The Human Rights Project, Brad R. Roth
Retrieving Marx For The Human Rights Project, Brad R. Roth
Law Faculty Research Publications
Marxian thought retains its relevance in the current period, not as a comprehensive replacement for liberal human rights theories, but as a source of critique that challenges those theories on the basis of the very values of human freedom and dignity that they espouse. The Marxian approach entails no general rejection of human-rights-oriented constraint, procedural or substantive, on efforts to achieve social change, but rather serves the human rights project by demonstrting how contradictory class interests manifest themselves as contradictions within the effort to apply liberal principles in a class-divided society.
Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers
Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers
Articles
The article assesses how far the provisions on fundamental rights contained in the draft Treaty Establishing a Constitution for Europe advance the objectives of promotion of the rule of law, transparency, a balanced relationship between the Union and national legal orders, and effective judicial redress. Argues that while the proposed accession of the Union to the European Convention on Human Rights 1950 and incorporation of the Charter of Fundamental Rights of the European Union 2000, notwithstanding justiciability problems, deserve support, the retention of the general principles of law as a source of fundamental rights and the suggested amendments to the …
The War On Terrorism: Peru’S Past And Present, A Legal Analysis (2004), Ralph Ruebner, Et Al.
The War On Terrorism: Peru’S Past And Present, A Legal Analysis (2004), Ralph Ruebner, Et Al.
UIC Law White Papers
No abstract provided.