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2006

Human Rights Law

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Articles 1 - 30 of 333

Full-Text Articles in Law

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson Dec 2006

Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson

Faculty Scholarship

Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's ...


Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin Dec 2006

Chemical Agents And "Expanding" Bullets" Limited Law Enforcement Exceptions Or Unwarranted Handcuffs?, Kenneth Watkin

International Law Studies

No abstract provided.


Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force Dec 2006

Full Volume 82: The Law Of War In The 21st Century: Weaponry And The Use Of Force

International Law Studies

No abstract provided.


War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy Dec 2006

War And International Law: Distinguishing Military And Humanitarian Professions, David Kennedy

International Law Studies

No abstract provided.


The Un: A Situation Report, Benjamin Zawacki Dec 2006

The Un: A Situation Report, Benjamin Zawacki

ExpressO

The UN: A Situation Report is a review of two recent books on the past, present, and future of the UN; in short, of its relevance in a changing and uni-polar world at the end of Kofi Annan’s two terms as Secretary-General. The books’ focus is both on the organization’s successes and failures, and its efforts at self-reform in the face of near-constant criticism. They are reviewed as individually divergent in quality but as a formidable “situation report” when read in tandem. Paul Kennedy’s The Parliament of Man, save for its first of three parts, is generally ...


Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah Dec 2006

Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah

ExpressO

This paper seeks to elucidate the fundamental sources of ATCA jurisprudence that have modernized the act into the weapon it has become for foreign human rights plaintiffs. It also attempts to describe some of the forms of liability asserted against MNCs, paying special attention to the competing forms of aiding & abetting liability as conceptualized in the Unocal case. Part II of this paper will provide a brief and concise review of the three cases every ATCA corporate defendant should know: Filartiga, Kadic and Sosa. These cases lay the groundwork for human rights litigation against MNCs under the ATCA’s modern ...


Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya Dec 2006

Taking Judicial Notice Of Genocide? The Problematic Law And Policy Of The Karemera Decision, Ralph Mamiya

ExpressO

On June 16, 2006, the Appeals Chamber of the International Criminal Tribunal for Rwanda issued a decision in Prosecutor v. Karemera taking judicial notice of the fact that genocide occurred in Rwanda in 1994. This decision startled many court observers. While no internationally respected commentator would today question whether the Rwanda genocide took place, should such an event be judicially noticed without evidence? This paper examines that question, arguing that the ICTR Appeals Chamber’s expansive use of judicial notice in Karemera was both illogical and unwise. Genocide, whether as an historical fact or legal charge, fails to meet the ...


Rights Rhetoric As An Instrument Of Religious Oppression In Sri Lanka, Tracy Hresko Dec 2006

Rights Rhetoric As An Instrument Of Religious Oppression In Sri Lanka, Tracy Hresko

Boston College International and Comparative Law Review

Two laws proposed by the Sri Lankan government present a threat to Christians and other religious minorities in the country. Though purportedly designed to prevent “unethical or fraudulent conversions,” the laws are overly broad and ill-defined, giving Sri Lankan officials the latitude to use them to suppress minority religious activities. Indeed, despite being couched in the rhetoric of religious liberty and human rights, the laws are likely to be used by the Buddhist majority as instru ments of oppression over unpopular religious groups.


On Conflict Of Human Rights, Xiaobing Xu, George Wilson Dec 2006

On Conflict Of Human Rights, Xiaobing Xu, George Wilson

The University of New Hampshire Law Review

[Excerpt] “This article supports Gewirth’s view: that is, the reason why utilitarian values such as national security, public safety, public order, public health, and public morality may outweigh human rights is that they contain human rights elements. Thus, as a rule, whenever human rights clash with nonrights value considerations, we should analyze whether they contain human rights elements. If they do, they may override human rights that conflict with them. If they do not, they cannot.”


Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha Nov 2006

Religião, Direitos Humanos E Educação, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Não admira que haja atritos, incompreensões, entre as religiões e os poderes. Porque, antes de mais, foi preciso a uns e a outros comprimirem-se para darem lugar (espaço, mesmo) ao outro tipo de normatividade e de poder. Em muitos casos históricos se terá começado com um poder de índole teocrática. E só com o tempo e o progresso social e político se passaria a admitir a cisão do mando, num ramo secular e num ramo sacral. O grande problema do tratamento da questão religiosa do ponto de vista dos Direitos Humanos, é que se trata, no limite, de pôr uma ...


Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde Nov 2006

Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde

Cornell Law Faculty Publications

American legal discourse on torture takes for granted some, usually all, of the following propositions, that make discussion of torture more difficult than it should be. Torture is assumed to present unusually difficult problems of definition, full of vague concepts, fine lines, gray areas, murky moral dilemmas, "dirty hands." This vagueness is thought to be even more of a problem for the attendant concept of "cruel, inhuman, and degrading treatment." The legal sources of either prohibition are assumed to be dubious under American law. Prohibiting torture is, perhaps for these reasons, thought to require moral justification not necessarily required of ...


Compensation For Property Under The European Convention On Human Rights, Tom Allen Nov 2006

Compensation For Property Under The European Convention On Human Rights, Tom Allen

ExpressO

This Article investigates the nature of the right to property guaranteed under the First Protocol to the European Convention on Human Rights ('P1-1'). It argues that the European Court of Human Rights has been torn between two theories of the right to property. The first is the "integrated theory", and it holds that the right to property shares common values and purposes with other Convention rights. Hence, the interpretation of P1-1 should reflect principles developed in the interpretation of other Convention rights. It is argued that the application of the integrated theory should support a "social model" of property. The ...


Interview With Gregorios Iii, Patriarch Of Antioch And All The East, Of Alexandria And Of Jerusalem, Marcel Stuessi Nov 2006

Interview With Gregorios Iii, Patriarch Of Antioch And All The East, Of Alexandria And Of Jerusalem, Marcel Stuessi

Marcel Stüssi

This is a previously unpublished Interview with Gregorios III, Patriarch of Antioch and all the East, of Alexandria and of Jerusalem


A Review Of Procedural And Jurisdictional Challenges In Enforcing International Human Rights Law Under The African Charter Regime, Morris K. Mbondenyi, Nixon Wanyama Sifuna Nov 2006

A Review Of Procedural And Jurisdictional Challenges In Enforcing International Human Rights Law Under The African Charter Regime, Morris K. Mbondenyi, Nixon Wanyama Sifuna

ExpressO

The interpretation and enforcement of international human rights law has tremendously evolved since the adoption of the African Charter on Human and Peoples’ Rights. The Charter introduced procedural and jurisdictional paradigms that have moulded this branch of law to resonate Africa’s context and values, by for instance, evolving concepts and approaches distinct from those of the other regions. While striving to achieve this, the Charter has also had to grapple with an avalanche of procedural and jurisdictional challenges. This Article highlights these challenges and proposes ways in which they can be surmounted. It proceeds on the premise that contrary ...


Human Rights, Clif Bennette Nov 2006

Human Rights, Clif Bennette

ExpressO

American authorities believe torture is necessary to keep America safe from terrorists, but want to avoid being accused of war crimes. So, longstanding US law and the Geneva Conventions were reinterpreted to provide legal cover. Further, policy memos saying most torture is legal were written, and activities associated with torture are shielded from Congressional oversight.


U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White Nov 2006

U.S. Asylum Law Out Of Sync With International Obligations: Real Id Act, Victor P. White

San Diego International Law Journal

Focusing on defensive asylum applications, this Comment examines whether certain provisions of REAL ID violate due process and international obligations to asylum seekers. Part I situates REAL ID within the historical context of nearly a decade of restrictive U.S. immigration law and over two decades of Executive Orders aimed at deterring a mass exodus of asylum seekers from reaching U.S. shores. Part II provides an overview of the U.S. asylum system and argues that the system produces inconsistent and sometimes arbitrary results, indicating that segments of the system do not satisfy international obligations. Part III outlines three ...


Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh Nov 2006

Linking Global Warming To Inuit Human Rights, Marguerite E. Middaugh

San Diego International Law Journal

Under international law, the United States government has violated the Inuit's human rights by failing to take action against climate change. The Inter-American Commission on Human Rights should find that the allegations of human rights violations by the Inuit are justified and rule in their favor. This Article first explores the impacts of climate change on the Inuit and each of the Inuit's basic human rights, which are implicated by the environmental changes. Next, the role and responsibility of the U.S. with respect to climate change is examined. This section discusses the current attitude and actions of ...


Treatment And Interrogation Of Detained Persons, David E. Graham Oct 2006

Treatment And Interrogation Of Detained Persons, David E. Graham

International Law Studies

No abstract provided.


Military Commissions - Kangaroo Courts?, Charles H.B. Garraway Oct 2006

Military Commissions - Kangaroo Courts?, Charles H.B. Garraway

International Law Studies

No abstract provided.


The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian Oct 2006

The Coalescence Of United States Immigration Law And International Criminal Law: An Exploration Of Elias Zacarias In The Context Of Female Genital Mutilation, George S. Yacoubian

ExpressO

In INS v. Elias Zacarias, the Supreme Court (SC) affirmed that nongovernmental actors (e.g., guerilla groups) can commit “persecution” as defined by § 101(a)(42) of the Immigration and Nationality Act (INA). Human rights violations by any international actor, governmental or otherwise, can thus, according to Elias Zacarias, trigger asylum protection in the United States (US). In contrast, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), to which the US is a party, requires the victimizer to be a “public official or other person acting in an official capacity.”

The CAT thus imposes ...


A Complete Property Right Amendment, John H. Ryskamp Oct 2006

A Complete Property Right Amendment, John H. Ryskamp

ExpressO

The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.


Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat Oct 2006

Combating Terrorism In Bosnia-Herzegovina: Explaining And Assessing Article 201 Of The Bosnian Criminal Code, Henry M. Lovat

ExpressO

This paper explores the legal measures that have been enacted in Bosnia-Herzegovina (BiH) to counter the threat of terrorism, focusing particularly on the international and domestic political context in which the reform of the Bosnian criminal code was carried out, on the apparent origins of Article 201 of the BiH criminal code in the European Union Framework Decision on Combating Terrorism of June 2002 and on the strengths and weaknesses of this definition in the Bosnian context. The paper argues firstly that the events of 9/11, while certainly of significance, were less salient to the definition of terrorism adopted ...


Of Politics And Policy: Can The U.S. Maintain Its Credibility Abroad While Ignoring The Needs Of Its Children At Home?—Revisiting The U.N. Convention On The Rights Of The Child As A Transnational Framework For Local Governing, Cleveland Ferguson Oct 2006

Of Politics And Policy: Can The U.S. Maintain Its Credibility Abroad While Ignoring The Needs Of Its Children At Home?—Revisiting The U.N. Convention On The Rights Of The Child As A Transnational Framework For Local Governing, Cleveland Ferguson

ExpressO

The article uses the lens of the Convention on the Rights of the Child as a framework for developing solutions. It compares the world’s approach of using the underpinnings of the Convention to create the Millennium Development Goals (MDGs). This process represents a positive evolution in international human rights law. Use of the MDGs has met with some success. As a result, the article compares the U.S. go-it-alone approach with that of the collaborative model of the MDGs. Pointing out that child law is primarily state law, the article then discusses the ways in which local governments (cities ...


Off To Elba: The Legitimacy Of Sex Offender Residence And Employment Restrictions, Joseph L. Lester Oct 2006

Off To Elba: The Legitimacy Of Sex Offender Residence And Employment Restrictions, Joseph L. Lester

ExpressO

Overborne by a mob mentality for justice, officials at every level of government are enacting laws that effectively exile convicted sex offenders from their midst with little contemplation as to the appropriateness or constitutionality of their actions. These laws fundamentally alter the liberties and freedom of convicted sex offenders to satisfy the ignorant fear of the masses. As a result, residence and employment restrictions which in theory are to protect society, in practice only exacerbate the perceived recidivism problem. When such laws are passed and the political process is broken, it is necessary for the judicial branch to step forward ...


One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia Oct 2006

One Step Forward, Two Step Backwards: Addressing Objections To The Icc’S Prescriptive And Adjudicative Powers , Nema Milaninia

ExpressO

The Rome Statute of the International Criminal Court (ICC) permits the ICC to exercise subject-matter jurisdiction over individuals who engage in war crimes, genocide, crimes against humanity, and crimes of aggression. However, under Article 13, the ICC may only exercise personal jurisdiction over persons referred by the Security Council under Chapter VII, or over nationals of a state party, or persons whose alleged criminal conduct occurred on the territory of a state party

This article evaluates the interplay between principles of public international law and international criminal law in determining whether the ICC’s grant of jurisdiction under the Rome ...


The Role Of International Human Rights Law In The American Decision To Abolish The Juvenile Death Penalty, William A. Feldman Oct 2006

The Role Of International Human Rights Law In The American Decision To Abolish The Juvenile Death Penalty, William A. Feldman

ExpressO

This article focuses on the recent (2005) decision of the United States Supreme Court in Roper v. Simmons, declaring the juvenile death penalty unconstitutional. The article discusses the impact of international law, particularly human rights law, on the decision of the Court, and speculates about the influence of international law on future decisions.


Interview With Mahmoud Akkam, Syria, Marcel Stuessi Oct 2006

Interview With Mahmoud Akkam, Syria, Marcel Stuessi

Marcel Stüssi

This is a previously unpublished interview with Mahmoud Akkam, Mufti of Aleppo, Syria


On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol Oct 2006

On Disposable People And Human Well-Being: Health, Money And Power, Berta E. Hernández-Truyol

UF Law Faculty Publications

The foundational premise of this essay is that health and well-being are human rights issues. My focus on this theme, specifically within the human rights paradigm, is new, passionate, and personal. On December 15, 2005, just three months before the conference that prompted the writing of this essay, I lost my partner of over 20 years. She fought a valiant, strong, and dignified fight against cancer--a journey I traveled with her. During that time I learned much about health systems and health care. Most saliently, notwithstanding the reality of the extraordinarily good care she ultimately received, I realized there is ...


Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch Oct 2006

Codes, Lawsuits Or International Law: How Should The Multinational Corporation Be Regulated With Respect To Human Rights?, Nancy L. Mensch

University of Miami International and Comparative Law Review

No abstract provided.


"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow Oct 2006

"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow

Faculty Scholarship

No abstract provided.