Law Commons^™

A Community In Transition: The Biharis In Bangladesh, Abu Noman Mohammad Atahar Ali, Et Al

Abu Noman Mohammad Atahar Ali

Contributed articles; with reference to political and social history of Bihari (South Asian people) of Bangladesh

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.

Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman

ExpressO

This piece is based on field research the author conducted in Benin, West Africa during January 2003. The paper explores how the Court operates as a hybrid institution, by combining the competences traditionally associated with a constitutional court with the mandate of a national human rights commission. The paper argues that the Beninese Constitutional Court could provide an institutional model for guaranteeing human rights through a state-sponsored institution.

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”.

National Identity Cards: Fourth And Fifth Amendment Issues, Daniel J. Steinbock

ExpressO

In the past two years there have been serious calls for a national identity system whose centerpiece would be some form of national identity card. Such a system is seen mainly as a tool against terrorists, but also as a useful response to illegal immigration, identity theft, and electoral fraud. Both proponents and opponents have noted the potential constitutional problems of such an identity system, but as yet there has been no published legal analysis of these questions. This article aims to fill that gap by analyzing the Fourth and Fifth Amendment issues in two major features of any likely …

Slavery As A Takings Clause Violation, Kaimipono Daivd Wenger

American University Law Review

No abstract provided.

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

Cornell Law Faculty Publications

No abstract provided.

Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders

University of Arkansas at Little Rock Law Review

No abstract provided.

A Crisis Of Caring: A Catholic Critique Of American Welfare Reform, Vincent D. Rougeau

Boston College Law School Faculty Papers

The current deterioration of the American economy is bringing new attention to the problem of poverty in the United States. After falling over the last few years, the number of Americans living in poverty has begun to rise once again. Notwithstanding the achievements of recent "welfare reforms," the American poor continue to be numerous by any measure.

Unfortunately, decades of affluence have exacerbated American tendencies to view liberal concepts such as freedom, autonomy, tolerance, and choice in ways that accentuate personal autonomy over community integration. These liberal values have been increasingly unhinged from strong countervailing principles like duty and responsibility, …

Matthew S. Weinert On Crimes Against Humanity: The Struggle For Social Justice By Geoffrey Robertson. New York: The New Press, 1999 (Revised 2002). 658pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Crimes Against Humanity: The Struggle for Social Justice by Geoffrey Robertson. New York: The New Press, 1999 (revised 2002). 658pp.

Atca, Doe V. Unocal: A Paquete Habana Approach To The Rescue, John Haberstroh

ExpressO

The article's centerpiece is the Ninth Circuit litigation (Doe v. Unocal) charging Unocal Corp. with complicity in the Burma’s government’s use of forced labor. The article first examines the Alien Tort Claims Act, under which the action is brought, through an exploration of that statute’s original purpose and historical context. The article then looks at the modern revival of ATCA in international human rights claims, and finally closely considers the Unocal litigation, in particular the September 18, 2002 decision favoring the plaintiffs. (The 2002 decision is undergoing review by an en banc panel of the Ninth Circuit, with the panel’s …

What Have We Learned From The Wars Of The Twentieth Century?, Winston Langley

New England Journal of Public Policy

Relative deprivation (RD) and its associated twin, the “othering” of human groupings, together became the root cause of the wars of the twentieth century. By examining the thirty-years of war between 1914 and 1945 and the Cold War that prevailed for the rest of the half-century, the author explores the way in which relative deprivation may be seen to have expressed itself through nationalism, liberalism, and Marxism — the three great ideologies of the twentieth century that have competed against each other and have contributed to the perception of groups and individuals that they are relatively deprived. He investigates the …

Editor's Note, Padraig O'Malley

New England Journal of Public Policy

In this and the next issue of the New England Journal of Public Policy we will look at issues of war in the twentieth century; at how the nature and purpose of war have changed; at how evil stalks the human condition, how we forget, most likely because we want to forget. Some truths are too terrible to bear. They require us to ask questions of ourselves that our psyches are not equipped to answer and so they close down for the sake of our survival. Had we slaughtered dumb animals in the manner in which we slaughtered ourselves during …

Canadian Fundamental Justice And American Due Process: Two Models For A Guarantee Of Basic Adjudicative Fairness, David M. Siegel

ExpressO

This paper traces how the Supreme Courts of Canada and the United States have each used the basic guarantee of adjudicative fairness in their respective constitutions to effect revolutions in their countries’ criminal justice systems, through two different jurisprudential models for this development. It identifies a relationship between two core constitutional structures, the basic guarantee and enumerated rights, and shows how this relationship can affect the degree to which entrenched constitutional rights actually protect individuals. It explains that the different models for the relationship between the basic guarantee and enumerated rights adopted in Canada and the United States, an “expansive …

In The Name Of National Security Or Insecurity?: The Potential Indefinite Detention Of Non-Citizen Certified Terrorists In The United States And The United Kingdom In The Aftermath Of September 11, 2001, Dana L. Keith

ExpressO

No abstract provided.

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.

The "No Property" Problem: Understanding Poverty By Understanding Wealth, Jane Baron

ExpressO

No abstract provided.

The Last Line Of Defense: The Doctrine Of Command Responsibility, Gender Crimes In Armed Conflict, And The Kahan Report (Sabra & Shatilla), Sherrie L. Russell-Brown

ExpressO

“THE LAST LINE OF DEFENSE” addresses using the doctrine of command responsibility - the doctrine according to which military and non-military leaders can be held individually criminally responsible for the crimes committed by their subordinates - before the International Criminal Court (ICC) as a way to prevent gender crimes in armed conflict. The prevention of gender crimes in armed conflict is an important issue for a variety of reasons. One extremely important reason is the connection that the United Nations has cited between the AIDS pandemic in Sub-Saharan Africa and rape in armed conflict. In addition, in the August 25, …

Convention Refugeehood, Early Warning Signs, And The Structural Crisis Of Legitimate Statehood In Contemporary Nigeria, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

No abstract provided.

Human Rights And Post-Imperialism: Arguing For A Deliberative Legitimation Of Human Rights, Amy Bartholomew

Buffalo Human Rights Law Review

No abstract provided.

Violation Of Human Rights Through State Tolerance Of Street-Level Bribery: Case Study, Slovakia, Jarmila Lajcakova

Buffalo Human Rights Law Review

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 …

Ecocide And Genocide In Iraq: International Law, The Marsh Arabs And Environmental Damage In Non-International Conflicts, Aaron Schwabach

ExpressO

In 1991, after the first Gulf War, the Marsh Arabs of southern Iraq rose up against the Hussein government, with U.S. encouragement. The rebellion failed; in retaliation the government embarked on a massive water diversion project to drain the wetlands. In 1970 the wetlands covered nearly 11,000 square kilometers; today they cover fewer than a thousand. The Marsh Arabs whose ancestors had lived in the wetlands for five thousand years were forced to flee; many died. The drainage of the wetlands was a deliberate and calculated act of genocide and ecocide. At the time, Iraq was a party to several …

Bridging The “Divide” Between Feminism And Child Protection Using The Discourse Of International Human Rights , Sherrie L. Russell-Brown

ExpressO

“Bridging the Divide” is an essay that addresses the perceived tension or “divide” between feminism and child protection. While, in theory, women’s and children’s rights are not necessarily antithetical, the policies that have been devised (allegedly to preserve and promote those rights) are, at times, at odds. For example, the policy of social services to remove a child from the home of the mother, rather than assist both mother and child by the creation of a better home environment, is certainly at odds with rights of the mother. To simplify the issue greatly, the right of women to have and …

The Cambodian Amnesties: Beneficiaries And The Temporal Reach Of Amnesties For Gross Violation Of Human Rights , Ronald C. Slye

ExpressO

This article uses the two amnesties granted by the Cambodian government in 1994 and 1996 to explore two important legal issues raised by amnesties generally: 1) to whom is the amnesty granted; and 2) for how long will the amnesty last.

The first issue addresses the beneficiary question – who is able to take advantage of an amnesty. The most interesting issue raised by the beneficiary question is whether an amnesty should be restricted to either superiors or subordinates. The article discusses this choice in the context of the Cambodian amnesties, other amnesties, and international law, and highlight the moral, …

Lawrence And Same-Sex Marriage Bans: On Constitutional Interpretation And Sophistical Rhetoric, Mark Strasser

ExpressO

No abstract provided.

Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes

ExpressO

Trafficking is a hot issue, and as such, there have been a number of articles written on the issue. My article, however, is unique in many respects.

I address this article from my perspective of working directly with the governments of Bosnia, Croatia, Serbia and Montenegro to combat escalating trafficking in their countries over the course of four years in the Balkans.

This is the first article that pinpoints errors that governments continue to make in preparing legislation and anti-trafficking programs,

The first to enumerate proposals for enhancing victim protection measures,

The first to identify how enhancing victim protection will …

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky

Indiana Journal of Global Legal Studies

No abstract provided.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.