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Full-Text Articles in Law

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith Jan 2006

Analyzing Prison Sex: Reconciling Self Expression With Safety, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article examines the complexity of prison sex and the challenges that it raises in the context of recently enacted United States legislation, specifically the Prison Rape Elimination Act (PREA). It begins by identifying a range of prisoner interests in enhanced sexual expression. These interests are described below in an attempt to disentangle prisoners’ rights in sexual expression from states’ legitimate interests in regulating that expression. This article also directs policymakers and decision makers to mine international documents and human rights norms that recognize the necessity of punishment and at the same time outline a standard for the safety of …


The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton Jan 2006

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2006

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins Jan 2006

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.


Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi Jan 2006

Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi

Human Rights Brief

No abstract provided.


International Legal Updates, Natalie Huls, Art Steele, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen Jan 2006

International Legal Updates, Natalie Huls, Art Steele, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams, Mihir Mankad Jan 2006

Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams, Mihir Mankad

Human Rights Brief

No abstract provided.


Scrutinizing Countries: The Challenge Of Universal Review, Felice D. Gaer Jan 2006

Scrutinizing Countries: The Challenge Of Universal Review, Felice D. Gaer

Human Rights Brief

No abstract provided.


The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma Jan 2006

The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Status Of Implementation On The Right To Health Care In Nigeria, Aniekwu Nkolika Ijeoma

Human Rights Brief

No abstract provided.


Cutting The Hangman’S Noose: African Initiatives To Abolish The Death Penalty, Tim Curry Jan 2006

Cutting The Hangman’S Noose: African Initiatives To Abolish The Death Penalty, Tim Curry

Human Rights Brief

No abstract provided.


The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera Jan 2006

The Gang-Rape Of Mukhtar Mai And Pakistan's Opportunity To Regain Its Lost Honor, Tina Karkera

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian Jan 2006

Integrity In Jail Operations: Addressing Employee/Inmate Relationships, Brenda V. Smith, Nairi M. Simonian

Project on Addressing Prison Rape - Articles

Jails often struggle with how to ensure the integrity of operations by establishing policies aimed at governing employee relationships with individuals who are under the supervision of a criminal justice agency. Agencies need to balance their legitimate interests with employees’ basic rights to associate. This article discusses case law around this issue and makes recommendations about how to construct agency policies in this area.


Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith Jan 2006

Sexual Abuse Of Women In Prison: A Modern Corollary Of Slavery, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This paper addresses the sexual abuse of women in custody as a more contemporary manifestation of slavery and discusses the congruencies and the differences that exist between the sexual abuse of women in custody and slavery. The paper charts the history of the parallel abolition and prison reform movements and examines their divergent paths arguing that the women's movement abandonment of prison advocacy has harmed the women in prison movement. The article concludes that the embrace of human rights norms has assisted in providing new avenues for redressing the sexual abuse of women in custody.


Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown Jan 2006

Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

American University International Law Review

No abstract provided.


The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi Jan 2006

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi

American University International Law Review

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2006

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang Jan 2006

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Articles in Law Reviews & Other Academic Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …


Legal Approaches And The Contributions Of Case Law, Claudio Grossman Jan 2006

Legal Approaches And The Contributions Of Case Law, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith Jan 2006

Rethinking Prison Sex: Self -Expression And Safety, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article analyzes legislation and policies that limit prisoners' sexual expression and autonomy. The article juxtaposes prisoners interest in sexual expression against the interests of the state in regulating sex by and between prisoners. The article concludes that the state has an interest in regulating sex between inmates and staff and in regulating coerced or forced sex between inmates. In other instances prisons could accommodate prisoners' interest in sexual expression and achieve important goals such as better decisionmaking; improved relations with family and partners to aid community reentry; reduction of prison rape; and inmate management.


Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark Jan 2006

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide Jan 2006

When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar Jan 2006

Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Social And Economic Rights: A Critique, Aryeh Neier Jan 2006

Social And Economic Rights: A Critique, Aryeh Neier

Human Rights Brief

No abstract provided.


A South African Perspective On Social And Economic Rights, Richard J. Goldstone Jan 2006

A South African Perspective On Social And Economic Rights, Richard J. Goldstone

Human Rights Brief

No abstract provided.


Assessing The Laws And Customs Of War: The Publication Of Customary International Humanitarian Law, Jean-Marie Henckaerts Jan 2006

Assessing The Laws And Customs Of War: The Publication Of Customary International Humanitarian Law, Jean-Marie Henckaerts

Human Rights Brief

No abstract provided.


Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla Jan 2006

Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla

Human Rights Brief

No abstract provided.


Finding Family: Considering The Recognition Of Same-Sex Families In International Human Rights Law And The European Court Of Human Rights, Elizabeth Kukura Jan 2006

Finding Family: Considering The Recognition Of Same-Sex Families In International Human Rights Law And The European Court Of Human Rights, Elizabeth Kukura

Human Rights Brief

No abstract provided.


The Impoverishment Of Displacement: Models For Documenting Human Rights Abuses And The People Of Diego Garcia, David Vine Jan 2006

The Impoverishment Of Displacement: Models For Documenting Human Rights Abuses And The People Of Diego Garcia, David Vine

Human Rights Brief

No abstract provided.


Inter-American Justice Comes To The Dominican Republic: An Island Shakes As Human Rights And Sovereignty Clash, David C. Baluarte Jan 2006

Inter-American Justice Comes To The Dominican Republic: An Island Shakes As Human Rights And Sovereignty Clash, David C. Baluarte

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Bryan Thomas Shipp, Fabiola Carrión, Shirley Woodward Jan 2006

Updates From The Regional Human Rights Systems, Bryan Thomas Shipp, Fabiola Carrión, Shirley Woodward

Human Rights Brief

No abstract provided.