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Articles 1 - 9 of 9
Full-Text Articles in Law
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein
Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein
Faculty Publications
No abstract provided.
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein
Faculty Publications
No abstract provided.
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Faculty Publications
This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury
Faculty Publications
This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Faculty Publications
No abstract provided.
Proportional Deportation, Angela M. Banks
Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie
Foreword: Security Detention, Michael P. Scharf, Gwen Gillespie
Faculty Publications
Foreword to the International Committee of the Red Cross (ICRC) and the Frederick K. Cox International Law Center at Case Western Reserve University organized a two-day experts meeting on security detention, Cleveland, OH, 2009
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Faculty Publications
“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.