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2009

Human Rights Law

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Articles 1 - 30 of 120

Full-Text Articles in Law

Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg Dec 2009

Nothing But A Northern Lynching: The Death Of Fred Hampton Revisited, Susan Rutberg

Publications

No abstract provided.


The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle Dec 2009

The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle

Faculty Publications

We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.


Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum Nov 2009

Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum

International & Comparative Law Colloquium Papers

Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality ...


Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen Nov 2009

Untold Truths: The Exclusion Of Enforced Sterilizations From The Peruvian Truth Commission's Final Report, Jocelyn E. Getgen

Cornell Law School Berger International Speaker Papers

This presentation argues that the exclusion of enforced sterilization cases from the Peruvian Truth Commission's investigation and Final Report effectively erases State responsibility and decreases the likelihood for justice and reparations for women victims-survivors of State-sponsored violence in Peru. In a context of deep cultural and economic divides and violent conflict, this presentation recounts how the State's Family Planning Program violated Peruvian women's reproductive rights by sterilizing low-income, indigenous Quechua-speaking women without informed consent. This presentation argues that these systematic reproductive injustices constitute an act of genocide, proposes an independent inquiry, and advocates for a more inclusive ...


The Torture Memos: The Case Against The Lawyers, David Cole Oct 2009

The Torture Memos: The Case Against The Lawyers, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Refugee Crisis In America: Iraqis And Their Resettlement Experience, Georgetown University Law Center, Human Rights Institute Oct 2009

Refugee Crisis In America: Iraqis And Their Resettlement Experience, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.


Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché Oct 2009

Health And Reproductive Rights In The Protocol To The African Charter: Competing Influences And Unsettling Questions, Rachel Rebouché

UF Law Faculty Publications

In 2005, the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa (the Protocol) came into force. Since that time, the Protocol has received scant attention in legal scholarship. Where the Protocol has been mentioned, by and large it has received praise as a major step forward for women's rights on the continent. Much of that praise is merited. The Protocol includes broad rights to non-discrimination, equality, and dignity, and it addresses a variety of areas such as labor and employment, marriage and the family, the legal system, the political process ...


Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce Oct 2009

Shattered Hearts (Full Report): The Commercial Sexual Exploitation Of American Indian Women And Girls In Minnesota., Alexandra (Sandi) Pierce

First Annual Interdisciplinary Conference on Human Trafficking, 2009

Table of contents

Acknowledgements iii

Background 1

Organization of the report 3

I The context 4

Native women’s experiences during colonization 5

Native women’s experiences during national expansion 7

Native girls’ boarding school experiences 8

Impact of assimilation policies on Native women 10

The damage caused by life in prostitution 14

II Methods and definitions 16

III Prevalence 28

Involvement in prostitution 28

Involvement in the Internet sex trade 35

IV Patterns in entering the sex trade 36

Age of entry 36

Modes of entry 39

V Factors that facilitate entry 53

Generational trauma 53

Runaway, thrown away ...


The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen Sep 2009

The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen

Student Scholarship Papers

This article addresses the Holocaust-restitution litigation of the late 1990s, which resulted in spectacular settlements totaling over $9 billion and culminated with an Executive Agreement between Germany and the United States in 2000. Prominent law scholars such as NYU Professor Burt Neuborne and Michael Bazyler, author of Holocaust Justice: The Battle for Restitution in America's Courts (2003) and Holocaust Restitution: Perspectives on the Litigation and its Legacy (2006), have celebrated these lawsuits as a model for international human rights. Neuborne has extolled the litigation as the dawn of an era of “lex Americana,” in which multinational corporations (MNCs) have ...


Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin Aug 2009

Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin

Cornell Law Faculty Publications

In these brief commentaries to the U.N. Genocide Convention, I explore three criminal law modes of liability as they apply to the international crime of genocide. Part I analyzes attempt to commit genocide and uncovers a basic tension over whether attempt refers to the genocide itself (the chapeau) or the underlying offense (such as killing). Part I concludes that the tension stems from the fact that the crime of genocide itself is already inchoate in nature, since the legal requirements for the crime do not require an actual, completed genocide, in the common-sense understanding of the term, but only ...


The Right To Take Part In Cultural Life: Copyright And Human Rights, Lea Shaver, Caterina Sganga Aug 2009

The Right To Take Part In Cultural Life: Copyright And Human Rights, Lea Shaver, Caterina Sganga

Faculty Scholarship Series

Article 15(1)(a) of the International Covenant on Economic Social and Cultural Rights—a source of binding law in 160 countries—recognizes “the right of everyone to take part in cultural life.” This provision, however, has so far been little interpreted. This essay suggests how lawmakers and jurists might give meaning to the right to take part in cultural life, with particular attention to issues arising in an age of digital culture. The authors conclude that the right to take part in cultural life should be understood in terms of the ability to access, enjoy, engage, and extend upon ...


A Universal Enemy? Legal Regimes Of Exclusion And Exemption Under The ‘Global War On Terror', Darryl Li Aug 2009

A Universal Enemy? Legal Regimes Of Exclusion And Exemption Under The ‘Global War On Terror', Darryl Li

Student Scholarship Papers

This essay argues that the ongoing U.S.-driven “Global War on Terror” stands apart from similar state campaigns in its special focus on confronting “foreign fighters” – armed transnational non-state Islamists operating outside their home countries – in places where the U.S. is no less foreign. This global hunt for foreign fighters animates diverse attempts to exclude similarly “out of place” Muslim migrants and travelers from legal protection by reshaping laws and policies on interrogation, detention, immigration, and citizenship. Yet at the same time, certain other outsiders – namely the U.S. and its allies – enjoy various forms of exemption from ...


Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan Aug 2009

Civil Partnership: Your Questions Answered - A Comprehensive Analysis Of The Civil Partnership Bill, Fergus Ryan

Reports

The Civil Partnership Bill 2009 arguably represents the most momentous change in Irish Family Law in a generation. The Bill proposes a substantial new legal status for registered same-sex partners, as well as important changes to the law as it relates to cohabitants. This report addresses the provisions of the Bill as initiated, analysing the potential impact of the Bill in clear and accessible language. The Report also highlights potential difficulties with the Bill, and suggests possible enhancements to the Bill as initiated.


Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein Aug 2009

Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein

Faculty Publications

No abstract provided.


Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh Jul 2009

Enhancing Enforcement Of Economic, Social And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Joycelyn E. Getgen, Steven Arrigg Koh

Cornell Law Faculty Working Papers

Nearly fifteen years ago, Audrey R. Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, the violations approach is even more salient given the recent adoption of the ICESCR’s Optional Protocol, a powerful tool to hold States parties accountable for violations.

Indicators are essential tools for assessing violations of economic, social and cultural rights (ESCRs) because they are often the best way to measure progressive realization. Proposed guidelines on using indicators give guidance on the content of States parties reports to treaty ...


Quick - Somebody Call Amnesty International! Intel Says Eu Antitrust Fine Violated Human Rights, Robert H. Lande Jul 2009

Quick - Somebody Call Amnesty International! Intel Says Eu Antitrust Fine Violated Human Rights, Robert H. Lande

All Faculty Scholarship

This articles discusses Intel's claim that the EU's fine against it for a competition law violation was so large that its human rights' were violated.


Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks Jul 2009

Human Rights And Military Decisions: Counterinsurgency And Trends In The Law Of, Dan E. Stigall, Christopher L. Blakesley, Chris Jenks

Scholarly Works

The past several decades have seen a Copernican shift in the paradigm of armed conflict, which the traditional Law of International Armed Conflict (LOIAC) canon has not fully matched. Standing out in stark relief against the backdrop of relative inactivity in LOIAC, is the surfeit of activity in the field of international human rights law, which has become a dramatic new force in the ancient realm of international law. Human rights law, heretofore not formally part of the traditional juridico-military calculus, has gained ever increasing salience in that calculus. Indeed, human rights law has ramified in such a manner that ...


Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter Jul 2009

Trademarks And Human Rights: Oil And Water? Or Chocolate And Peanut Butter?, Megan M. Carpenter

Law Faculty Scholarship

In recent years, there has been a growing discourse at the intersection of intellectual property and human rights, including whether or not individual intellectual property rights are, or can be, human rights. In 2007, this debate began to focus on the area of trademarks. That year, the European Court of Human Rights determined that it had jurisdiction over a trademark dispute, by virtue of the property rights provision found in Article 1 of Protocol 1 to the European Convention on Human Rights. This paper seeks to explore the connection between trademarks and human rights. The first part of the article ...


Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein Jul 2009

Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein

Faculty Publications

No abstract provided.


Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith Jul 2009

Families Redefined: Kinship Groups That Deserve Benefits, Jane E. Cross, Nan Palmer, Charlene L. Smith

Faculty Scholarship

In Families Redefined: Kinship Groups that Deserve Benefits, the authors examine 1) the nature of kinship families, 2) the benefits accorded to married couples, 3) kinship families that lack protection and benefits, 4) the impact of denying kinship families protection and benefits, 5) the use of contract law in kinship relationships, and 6) using legislation to benefit kinship relationships.

This exploration of expanding family law protections to kinship groups addresses a series of interrelated topics. The first two sections of the article explore the characteristics and creation of kinship families in different societies. The third section addresses the legal benefits ...


Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry Jun 2009

Beyond Free Speech: Novel Approaches To Hate On The Internet In The United States, Jessica S. Henry

Department of Justice Studies Faculty Scholarship and Creative Works

Hate on the Internet presents a unique problem in the United States. The First Amendment to the Constitution protects speech, even that which is hateful and offensive. Although the First Amendment is not without limitation and, indeed, although there have been a small number of successful prosecutions of individuals who disseminated hate speech over the Internet, web-based hate continues to receive broad First Amendment protections. Some non-governmental organizations in the United States, such as the Anti-Defamation League (ADL) and the Southern Poverty Law Center, have adopted innovative approaches to hate on the Internet. For instance, the ADL tracks and monitors ...


Targeted Killing In U.S. Counterterrorism Strategy And Law, Kenneth Anderson Jun 2009

Targeted Killing In U.S. Counterterrorism Strategy And Law, Kenneth Anderson

Working Papers

Targeted killing, particularly through the use of missiles fired from Predator drone aircraft, has become an important, and internationally controversial, part of the US war against al Qaeda in Pakistan and other places. The Obama administration, both during the campaign and in its first months in office, has publicly embraced the strategy as a form of counterterrorism. This paper argues, however, that unless the Obama administration takes careful and assertive legal steps to protect it, targeted killing using remote platforms such as drone aircraft will take on greater strategic salience precisely as the Obama administration allows the legal space for ...


The United Nations Declaration On The Rights Of Indigenous Peoples: A New Dawn For Indigenous Peoples Rights?, Ronald Kakungulu Apr 2009

The United Nations Declaration On The Rights Of Indigenous Peoples: A New Dawn For Indigenous Peoples Rights?, Ronald Kakungulu

Cornell Law School Inter-University Graduate Student Conference Papers

Governments in many countries of the world struggle with how to accommodate properly the needs and claims [rights] of native/indigenous peoples within their jurisdictions whose presence long predates European conquest and occupation. In this paper, a comparison and contrast of the approaches of the African and other jurisdictions whose jurisprudence is informative to the protection of the rights of African indigenous peoples, like the Inter-American Court of Human Rights compared with the US, Canada, New Zealand and Australia ‘the big four’ who voted against the UN Declaration on the Rights of Indigenous on September 13, 2007 at the UN ...


Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix Apr 2009

Counter Terrorism And Access To Justice: Public Policy Divided?, Mark Rix

Sydney Business School - Papers

This paper will consider the manner in which Australia’s counter-terrorism strategy has been operationalised, highlighting the implications of its strategy for access to justice. Access to justice, encompassing the ability of individuals, including persons suspected of terrorism offences and non-suspects, effectively to exercise their human and legal rights, can be an important curb on state power. But, in another equally important sense, providing individuals with access to justice also protects national security by helping to ensure that the law enforcement and security agencies focus their efforts on genuine terror suspects rather than wasting their resources on investigating and prosecuting ...


The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies Apr 2009

The Detainees' Dilemma: The Virtues And Vices Of Advocacy Strategies In The War On Terror, Peter Margulies

Law Faculty Scholarship

No abstract provided.


Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett Apr 2009

Why Paretians Can’T Prescribe: Preferences, Principles, And Imperatives In Law And Policy, Robert C. Hockett

Cornell Law Faculty Publications

Recent years have witnessed two linked revivals in the legal academy. The first is renewed interest in articulating a normative “master principle” by which legal rules might be evaluated. The second is renewed interest in the prospect that a variant of Benthamite “utility” might serve as the requisite touchstone. One influential such variant now in circulation is what the Article calls “Paretian welfarism.”

This Article rejects Paretian welfarism and advocates an alternative it calls “fair welfare.” It does so because Paretian welfarism is inconsistent with ethical, social, and legal prescription, while fair welfare is what we have been groping for ...


Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack Apr 2009

Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack

Faculty Publications

This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of ...


Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish Apr 2009

Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish

Journal Articles

This Introductory Note to the publication in ILM of the newly-adopted Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) seeks to put the primary source document in proper context by briefly explaining its history, content, and significance in international law. The Note is accompanied by the text of the OP-ICESCR, adopted by the U.N. General Assembly on December 10, 2008 to commemorate the 60th anniversary of the Universal Declaration of Human Rights. The OP creates an individual complaints procedure for alleged violations of the ICESCR, rectifying a thirty year asymmetry in human rights treaty ...


The Legal See-Saw: The Rights Of The Sex Offender V. The Perception Of A Safe Community, Brittany E. Kane Apr 2009

The Legal See-Saw: The Rights Of The Sex Offender V. The Perception Of A Safe Community, Brittany E. Kane

Pell Scholars and Senior Theses

The question of how to safely deal with convicted sex offenders upon release from incarceration has been an ongoing hotly-debated topic within American society for decades, with one of the earliest approaches to dealing with these criminals dating back to the 1930s (Petrunik 486). Although it is universally acknowledged that sex crimes are deemed wrong from both the criminal and moral aspect, indecision exists with respect to the constitutionality and effectiveness of current legislation in place for the offenders to maintain rehabilitation and keep neighborhoods safe. Statutes, such as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration ...


Rethinking ‘Preventive Detention’ From A Comparative Perspective: Three Frameworks For Detaining Terrorist Suspects, Stella J. Burch Mar 2009

Rethinking ‘Preventive Detention’ From A Comparative Perspective: Three Frameworks For Detaining Terrorist Suspects, Stella J. Burch

Student Scholarship Papers

President Barack Obama has convened a multiagency taskforce whose remit includes considering whether the U.S. should develop a new system of ‘preventive detention’ to hold terrorist suspects. American scholars and advocates who favor the establishment of a ‘preventive detention’ regime in the United States frequently point to comparative examples in support of their argument. At the same time, advocates and scholars opposed to the introduction of such a system often turn to comparative law to bolster their arguments against ‘preventive detention.’ Thus far, however, the scholarship produced by both sides of the debate has been limited in two key ...