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2002

Human Rights Law

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Articles 1 - 30 of 144

Full-Text Articles in Law

The Doctrine Of Humanitarian Intervention In Light Of Robust Peacekeeping, T Modibo Ocran Dec 2002

The Doctrine Of Humanitarian Intervention In Light Of Robust Peacekeeping, T Modibo Ocran

Boston College International and Comparative Law Review

Since the 19th century, humanitarian interventions have often been treated as suspect because they may be used as mere vehicles for national aggrandizement, imposition of puppets in power, or for the institution of political and economic systems detested by the indigenous population. However, it is also recognized that atrocities do occur within states, which shock the conscience of humankind and trigger the urge to intervene to save defenseless people from carnage, starvation, and other inhuman conditions. The problem is to identify a set of criteria and forms of behavior that will enable us to distinguish between intervention as aggression and ...


Old Habits Die Hard: Aleksandr Nikitin, The European Court Of Human Rights, And Criminal Procedure In The Russian Federation, Alexander Severance Dec 2002

Old Habits Die Hard: Aleksandr Nikitin, The European Court Of Human Rights, And Criminal Procedure In The Russian Federation, Alexander Severance

Boston College International and Comparative Law Review

With the ratification of the Convention for the Protection of Human Rights and Fundamental Freedoms, the Russian Federation agreed to subject itself to international scrutiny through the European Court of Human Rights. The Russian Federation's espionage case against Aleksandr Nikitin provides an illustrative example of the conflict between the Russian Federation's new treaty obligations and its existing Code of Criminal Procedure. The Nikitin case illustrates the shift of some power from Russia's executive branch to its judicial branch, and a move towards the rule of law. This Note concludes that the Code of Criminal Procedure must be ...


Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan Nov 2002

Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.


Reflections On Racism And World Order, Winston P. Nagan Oct 2002

Reflections On Racism And World Order, Winston P. Nagan

UF Law Faculty Publications

This Article is about international racism. Racism is not simply a local or national phenomenon, it is an immense global problem. Indeed, its tentacles stretch from the local to the global and back to the local. Let us put the picture of international racism into perspective by tying it to the claims made to eradicate racism in economic relations. Apart from affirmative action, there are two other approaches: either to assert the notion that reparations is a way to ameliorate the worst manifestations of racism and provide for racial justice, or to join that with the notion that there is ...


Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna Oct 2002

Somebody's Daughter: The Domestic Trafficking Of Girls For The Commercial Sex Industry And The Power Of Love, Cheryl Hanna

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White Oct 2002

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Symbolic Rites: Examining The Adequacy Of Federal Legislation Addressing The Problem Of Female Excision In The United States, Christopher T. Paresi Sep 2002

Symbolic Rites: Examining The Adequacy Of Federal Legislation Addressing The Problem Of Female Excision In The United States, Christopher T. Paresi

Buffalo Human Rights Law Review

No abstract provided.


The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt Sep 2002

The Role Of Compulsion In Islamic Conversion: Jihad, Dhimma And Ridda, Donna E. Arzt

Buffalo Human Rights Law Review

No abstract provided.


Rights Integration In An Institutional Context: The Experience Of The Kenya Human Rights Commission, Willy Mutunga, Alamin Mazrui Sep 2002

Rights Integration In An Institutional Context: The Experience Of The Kenya Human Rights Commission, Willy Mutunga, Alamin Mazrui

Buffalo Human Rights Law Review

No abstract provided.


Important Lessons From History, Wendy Brown-Scott Sep 2002

Important Lessons From History, Wendy Brown-Scott

Buffalo Human Rights Law Review

Book review of Mark Curriden & Leroy Phillips, Jr.'s Contempt of Court: The Turn-Of-The_Century Lynching That Launched A hundred Years Of Federalism


International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu Sep 2002

International Humanitarian Law From Nuremberg To Rome: The Weighty Precedents Of The International Criminal Tribunal For Rwanda, Kingsley Chiedu Moghalu

Pace International Law Review

No abstract provided.


Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua Sep 2002

Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua

Buffalo Human Rights Law Review

This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a ...


Cloning And Reproductive Liberty, Francis J. Beckwith Sep 2002

Cloning And Reproductive Liberty, Francis J. Beckwith

Nevada Law Journal

No abstract provided.


Missing Persons, Steven D. Smith Sep 2002

Missing Persons, Steven D. Smith

Nevada Law Journal

No abstract provided.


Pay Equity: A Fundamental Human Right, Margot Young Sep 2002

Pay Equity: A Fundamental Human Right, Margot Young

All Faculty Publications

This paper undertakes the limited task of determining what interpretive consequences, if any, might flow from the removal of federal pay equity provisions from their current location in the Canadian Human Rights Act and placement of such provisions in their own stand-alone legislation. Part of the interpretive stance courts currently bring to their consideration of the federal pay equity provisions reflects the placement of these provisions within federal human rights legislation. Courts have held that human rights legislation has a special nature or quasi-constitutional status. This status results from the fundamental character of the values the legislation expresses and the ...


The Challenge Of Creating 'A World Fit For Children', Jonathan Todres Sep 2002

The Challenge Of Creating 'A World Fit For Children', Jonathan Todres

Faculty Publications By Year

No abstract provided.


A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder Aug 2002

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro Aug 2002

Outlawing The Trade In Child Labor Products: Why The Gatt Article Xx Health Exception Authorizes Unilateral Sanctions , Matthew T. Mitro

American University Law Review

No abstract provided.


National Post, James Stribopoulos Jul 2002

National Post, James Stribopoulos

Editorials and Commentaries

No abstract provided.


Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong Jul 2002

Book Review: Freedom Of Religion Under The European Convention On Human Rights, S. I. Strong

Faculty Publications

Oxford University Press has initiated a new series on the European Convention on Human Rights and, in light of recent world events, could not have found a more timely first installment than Carolyn Evans's book on freedom of religion. However, the choice of topics is sound even when one sets aside the current interest in the interplay between law and religion.


Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl Jul 2002

Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.


Defending The Universality And Timelessness Of The Universal Declaration Of Human Rights: A View From The ‘Developing’ World, Shaista Shameem Jul 2002

Defending The Universality And Timelessness Of The Universal Declaration Of Human Rights: A View From The ‘Developing’ World, Shaista Shameem

Human Rights & Human Welfare

A review of:

Human Rights: Concepts, Contests, Contingencies edited by Austin Sarat and Thomas R. Kearns. Ann Arbor: University of Michigan Press, 2001. 144pp.


Searching For Justice In An Unjust World, Sharon Healey Jul 2002

Searching For Justice In An Unjust World, Sharon Healey

Human Rights & Human Welfare

A review of:

Stay the Hand of Vengeance by Jonathan Gary Bass. Princeton: Princeton University Press, 2000. 368pp.

and

For Humanity: Reflections of a War Crimes Prosecutor by Richard Goldstone. New Haven, CT: Yale University Press, 2000. 152pp.


The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs Jul 2002

The State Of Asylum Representation: Ideas For Change, Andrew I. Schoenholtz, Jonathan Jacobs

Georgetown Law Faculty Publications and Other Works

The plight of refugees-those who flee persecution-touches a chord with Americans, who have supported both a substantial overseas resettlement program and a fair system for asylum seekers. U.S. laws provide a seemingly full opportunity for asylum applicants to explain their fear or actual experience of persecution. In fact, the U.S. offers an extensive process of interviews, hearings, and appeals to ensure that bona fide refugees are not sent back to their persecutors. The substantive law, too, has been developed considerably through administrative and judicial precedents. But how meaningful is a process that, no matter how extensive and developed ...


Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles Jun 2002

Rights Inside Out: The Case Of The Women's Human Rights Campaign, Annelise Riles

Cornell Law Faculty Publications

This essay traces the relationship between activists and academics involved in the campaign for “women’s rights as human rights” as a case study of the relationship between different classes of what I call “knowledge professionals” self-consciously acting in a transnational domain. The puzzle that animates this essay is the following: how was it that at the very moment at which a critique of “rights” and a reimagination of rights as “rights talk” proved to be such fertile ground for academic scholarship did the same “rights” prove to be an equally fertile ground for activist networking and lobbying activities? The ...


Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder May 2002

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Coming Out Of The Dark: Achieving Justice For Victims Of Human Rights Violations By South American Military Regimes , Roseann M. Latore May 2002

Coming Out Of The Dark: Achieving Justice For Victims Of Human Rights Violations By South American Military Regimes , Roseann M. Latore

Boston College International and Comparative Law Review

The military regimes of the countries of the Southern Cone of South America cooperated under Operation Condor to eradicate all political opposition throughout the 1960s and 1970s. The military leaders of these regimes are only now being brought to justice for their crimes, which include widespread killing and "disappearances" of political opponents and, in Argentina, the stealing of babies born to doomed political dissidents. It is only in the last decade that these crimes have been brought to light so that the perpetrators can be brought to justice and nations deeply wounded can begin to heal.


Protecting Human Rights In A Globalized World, Dinah Shelton May 2002

Protecting Human Rights In A Globalized World, Dinah Shelton

Boston College International and Comparative Law Review

The shift in sovereignty accompanying globalization has meant that non-state actors are more involved than ever in issues relating to human rights. This development poses challenges to international human rights law, because for the most part that law has been designed to restrain abuses by powerful states and state agents. While globalization has enhanced the ability of civil society to function across borders and promote human rights, other actors have gained the power to violate human rights in unforeseen ways. This Article looks at the legal frameworks for globalization and for human rights, then asks to what extent globalization is ...


Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn May 2002

Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn

University of Michigan Journal of Law Reform

This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of ...


Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith May 2002

Religious Freedom And The Challenge Of Terrorism, Gordon H. Smith

BYU Law Review

No abstract provided.