Law Commons^™

Ethnic Groups And International Law: A Status Report On International Legal Personality At The Beginning Of The New Century, Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

International Law and Ethnic Conflict edited by David Wippman. Ithaca, NY: Cornell University Press, 1998. 368pp.

Can The Internet Be A Human Right?, Michael L. Best

Human Rights & Human Welfare

A review of:

Human Rights and the Internet edited by Steven Hick, Edward F. Halpin, and Eric Hoskins. New York: Palgrave Macmillan, 2000. 276pp.

Cosmopolitan Law—And Cruelty— On Trial, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Law against Genocide: Cosmopolitan Trials by David Hirsh. London: Cavendish/Glasshouse, 2003. 183pp.

Things & Ideas: Explaining Moral Evolution In International Relations, Amy Eckert

Human Rights & Human Welfare

A review of:

Argument and Change in World Politics: Ethics, Decolonization, and Humanitarian Intervention by Neta C. Crawford. New York: Cambridge University Press, 2002. 466pp.

Pinochet’S Chile: The United States, Human Rights, And International Terrorism, Todd Landman

Human Rights & Human Welfare

A review of:

International Human Rights and Authoritarian Rule in Chile by Darren Hawkins. Lincoln and London: University of Nebraska Press, 2002. 259 pp.

and

The Pinochet File: A Declassified Dossier of Atrocity and Accountability by Peter Kornbluh. New York and London: The New Press, 2003. 551 pp.

and

The Condor Years: How Pinochet and His Allies Brought Terrorism to Three Continents by John Dinges. New York: The New Press, 2004. 322 pp.

Whose Right Is It Anyway? Rethinking A Group Rights Approach To International Human Rights, Peter Zwiebach

Human Rights & Human Welfare

A review of:

Rethinking Human Rights for the New Millennium by A. Belden Fields. New York: Palgrave MacMillan, 2003. 244pp.

and

International Human Rights in the 21st Century: Protecting the Rights of Groups edited by James Mayall and Gene M. Lyons. Lanham, MD: Rowman & Littlefield, 2003. 240pp.

Global Economic Forces And Individual Labor Rights: An Uneasy Coexistence, Alice De Jonge

Human Rights & Human Welfare

A review of:

Workers’ Rights as Human Rights edited by James A. Gross. Ithaca: Cornell University Press, 2003. 272pp.

and

International Labor Standards: Globalization, Trade, and Public Policy edited by Robert J. Flanagan and William B. Gould IV. Palo Alto: Stanford University Press, 2003. 275pp.

Politics And International Justice In A World Of States, J. Peter Pham

Human Rights & Human Welfare

A review of:

War Crimes and Realpolitik: International Justice from World War I to the 21st Century by Jackson Nyamuya Maogoto. Boulder: Lynne Rienner Publishers, 2004. 267 pp.

Human Rights And Health, Paul Hunt

Human Rights & Human Welfare

Introduction to Topical Research Digest section.

Children’S Health And Human Rights, Norie Nogami

Human Rights & Human Welfare

One of the first international attempts to improve the health of children was by Ms.Eglantyne Jebb, a founder of Save the Children, during the aftermath of the WWI. She drafted the Geneva Declaration of the Rights of the Child, the first international children’s rights document adopted by the League of Nations in 1924. Today, in the Convention on the Rights of the Child (1989) we have a more comprehensive and near universal legal instrument for children’s rights.

Human Rights, Health, And Corporations, Gerald Montgomery

Human Rights & Human Welfare

Unfettered economic policies have had a notable effect on the state of human rights. With the increasing spread of transnational corporations (TNCs), non-governmental organizations (NGOs) play a major role in setting ethical and moral standards for with the quality of life in the developing states where TNCs do business. Many TNCs are trying frantically to implement strategies that would alleviate labor injustices and corrupt practices in order to meet the standards argued for by NGOs.

Health, Human Rights And The Pharmaceutical Industry, Gerald Montgomery

Human Rights & Human Welfare

The pharmaceutical industry is a crucial touchstone in the discussion of corporate responsibility to promote human rights. This relationship is, however, problematic at best and, at worst work in opposition to each other. At the same time that drug producers are instrumental in promoting a basic level of human welfare, the outlook of major pharmaceutical corporations are mitigated by unfiltered lenses of profit. With hundreds of millions of dollars spent on research and development, patenting, and marketing, they understandably develop strategies for handling reoccurring costs. But should a morally responsible international community redirect these costs to the developing world or …

Nutrition, Health And Human Rights, Monica Fish

Human Rights & Human Welfare

The last half-century has seen the development of a range of international instruments whose chief concern is the declaration and codification of basic human rights norms as agreed upon by the international community. Collectively these documents provide a normative and legal foundation for the human right to adequate food and nutrition, and freedom from malnutrition. A brief sampling of relevant language from these documents follows:

Health Care And Professionals, Monica Fish

Human Rights & Human Welfare

One of the unfortunate truths of the current human rights regime is that it has given rise to an entirely new aid industry. Fortunate as it is that there are willing individuals eager to share their knowledge and expertise with those in need, the group of professional men and women making up the army of humanitarian workers is, perhaps, overextended and under appreciated. One way of helping the next generation of humanitarians to train and prepare for working within a context of human rights is to provide them with the sound analytical research based on research of current human rights …

Health Of Refugees And Internally Displaced Peoples, Leah Persky, Zaravshon Zukhurova

Human Rights & Human Welfare

Refugees and Internally Displaced People’s (IDPs) are extremely vulnerable to human rights abuses, particularly the lack or denial of physical and mental health care. The basic framework of refugee protection has been established and accepted worldwide for more than 50 years. Still, there is still a lack of commitment to respecting the human rights of refugees and providing adequate humanitarian assistance, including health care. Several international conventions and protocols establish the duties of states in terms of treatment of refugees. These include: the Convention Relating to the Status of Stateless Persons, the Geneva Conventions, the Statute of the Office of …

Ninth Circuit Affirms Water Use Restriction To Protect Fish, Lance Young

Sea Grant Law Fellow Publications

No abstract provided.

The Battle For Separation Of Powers In Rhode Island, Carl Bogus

Law Faculty Scholarship

No abstract provided.

Researching The Laws Of The Colony Of Rhode Island And Providence Plantations, Gail I. Winson

Law Faculty Scholarship

Roger Williams is generally recognized as the founder of Rhode Island. Although his settlement of Providence in 1636 was not the first or only settlement in the area, he was able to open the whole region to English settlement. Due to his friendship with local Indians and knowledge of their language he obtained land from the Indians and assisted other settlers in doing the same. When Williams was banished from the Massachusetts Bay Colony in 1635 because of his rejection of Puritanism, his friend, Governor John Winthrop, suggested that he start a new settlement at Narragansett Bay. Founders of other …

The Antebellum Political Background Of The Fourteenth Amendment, Garrett Epps

All Faculty Scholarship

Understanding the Fourteenth Amendment is the key question of Constitutional law, both as it pertains to individual rights and, in many areas, as it relates to questions of Congressional power as opposed to the reserved powers of the states. The Amendment is often disaggregated and read clause by clause - but the intellectual and political background of its framers suggests that the Amendment in fact forms a coherent whole and that reading it as a whole might be a fertile source of new meanings. The Amendment was written by politicians who had spent their careers deeply involved in anti-slavery politics. …

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, …

Longitudinal Patterns Of Intimate Partner Violence, Risk, Well-Being, And Employment: Preliminary Findings, Jane C. Murphy, Mary Ann Dutton, Lisa A. Goodman, Dorothy J. Lennig

All Faculty Scholarship

Over 7 months (June 1999 to January 2000), researchers recruited 406 women from 1 of 3 sites in a northeastern city at the point they were seeking help for violence against them by a current or former male partner. Intimate partner violence was measured with a modified version of the Revised Conflict Tactics Scale. Some form of serious violence during the previous year was reported by 88 percent of the participants. By the first 3-month follow-up period, nearly one-third of the participants reported the recurrence of some form of physical violence; 20.4 percent reported an injury; and 18.1 percent reported …

Why Antitrust Damage Levels Should Be Raised, Robert H. Lande

All Faculty Scholarship

The conventional wisdom is that current antitrust damage levels are too high, lead to overdeterrence, and should be cut back. Although most agree that threefold damages are fine, at least for cartels, the combination of treble damages to direct purchasers and another treble damages to indirect purchasers typically is denounced as duplicative, a "mess," or the equivalent of the use of "cluster bombs" on defendants. This article, however, will assert the opposite. This article will argue that, if the current antitrust damage levels are examined carefully, they do not even total treble damages, and overall are not high enough to …

Licensing Health Care Professionals: Has The United States Outlived The Need For Medical Licensure?, Gregory Dolin

All Faculty Scholarship

With an expanding market for what is now known as "complimentary and alternative" medicine (CAM), states are increasingly facing the issue of who can and who should be allowed to practice medicine. Of necessity, this question also concerns whom patients may see to treat their ailments.

This paper will argue that the struggle to define who is and who is not licensed to practice medicine is rather fruitless and will always leave patients with less choice than they desire. Part II will review the history of licensure in the United States. Parts III and IV will focus on benefits and …

Time To Enter A "Do Not Resuscitate" Order On The National Resident Matching Program's Chart, Gregory Dolin

All Faculty Scholarship

This article focuses on the NRMP system and argues that the process is neither efficient nor pro-competitive. This article argues that Congress erred in bestowing an antitrust exemption on the NRMP and the participating institutions.

This article suggests that although the system may have been necessary to check the problem of early recruiting that was pervasive in the 1950s (similar to the one that plagued the federal judiciary until just two years ago), the system has outlived its usefulness. Part II will explain the Match's history and function and will discuss how the system makes participation in the Match inevitable …

Toward A More Perfect Union: The Road To Marriage Equality For Same-Sex Couples, Jennifer L. Levi

Faculty Scholarship

The Author believes that civil unions have become synonymous with inequality. In this posture, the term inequality should be descriptive rather than subjective. She argues that civil unions relegate gay and lesbian couples to second-class status. However characterized or defined, civil unions are not marriages. Those two statuses are not equivalent; they are not equal. Within that framework, in order for any one person to decide where he or she stands on the issue of whether gay and lesbian couples should be entitled to marriage, civil unions, something else, or nothing, he or she must first understand why marriage matters …

The Foreign Sovereign Immunities Act And Its Impact On Aviation Litigation, Alan H. Collier

Journal of Air Law and Commerce

No abstract provided.

Property In Outer Space: The Common Heritage Of Mankind Principle Vs. The First In Time, First In Right, Rule Of Property, Carol R. Buxton

Journal of Air Law and Commerce

No abstract provided.

Hot Air: Undue Judicial Deference To Federal Aviation Administration Expertise In Assessing The Environmental Impacts Of Aviation, Wendy B. Davis, Rebecca Clarke

Journal of Air Law and Commerce

No abstract provided.

The 2001 Cape Town Convention On International Interests In Mobile Equipment And Aircraft Equipment Protocol: Internationalising Asset-Based Financing Principles For The Acquisition Of Aircraft And Engines, Lorne S. Clark

Journal of Air Law and Commerce

No abstract provided.

The Wright Patent Wars And Early American Aviation, Herbert A. Johnson

Journal of Air Law and Commerce

No abstract provided.