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Full-Text Articles in Law

Slavery And "Abuse Regeneration", Christine Bell Apr 2008

Slavery And "Abuse Regeneration", Christine Bell

Human Rights & Human Welfare

Skinner’s depiction of modern day slavery is graphic and challenging. Anyone viewing prohibitions on slavery, or abolition, as historical anachronism, or requiring reinterpretation for modern-day practices, must think again. Skinner persuades us that slavery in its most old fashioned sense is alive and well and, worse than that–on the rise.


U.S. Immigration Policy: Contract Or Human Rights Law?, Victor C. Romero Jan 2008

U.S. Immigration Policy: Contract Or Human Rights Law?, Victor C. Romero

Journal Articles

The current immigration debate often reflects a tension between affirming the individual rights of migrants against the power of a nation to control its borders. An examination of U.S. Supreme Court precedent reveals that, from our earliest immigration history to the present time, our immigration policy has functioned more like contract law than human rights law, with the Court deferring to the power of Congress to define the terms of that contract at the expense of the immigrant's freedom.


The Collateral Protection Of Rights In A Global Economy, Sheldon Leader Jan 2008

The Collateral Protection Of Rights In A Global Economy, Sheldon Leader

NYLS Law Review

No abstract provided.


Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster Jan 2008

Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster

Faculty Publications

This paper examines a number of lawsuits challenging racial discrimination in Japan’s private sector. Since Japan does not have a law banning private acts of racial discrimination, victims of racial discrimination invoke international human rights law to buttress their claims for compensation. I argue that Japanese judges are, by and large, receptive to these international law claims, but that the system for adjudicating racial discrimination disputes is inadequate. Specifically, a law that bans private acts of racial discrimination would put Japan in line with recently emergent global norms of equality.


Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha Dec 2007

Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...


Asset Freezing, Social Security, And Human Rights, Mel Cousins Dec 2007

Asset Freezing, Social Security, And Human Rights, Mel Cousins

Mel Cousins

This case analysis discusses a recent decision of the Court of Appeal concerning restrictions placed on the payment of certain social security benefits in the context of the UN asset freezing regime. The case is an interesting example of the sort of new questions coming before the courts in the post-9 11 world and raises a number of issues worthy of note. In particular, it raises the question of the approach which national and supranational courts should adopt to balancing the implementation of anti-terrorism measures with the upholding of the principles of human rights (and their application in practice).