Law Commons^™

“Thinking Through, And Beyond, Triumphalism”, Matthew S. Weinert

Human Rights & Human Welfare

The humanitarian crisis in Syria has instigated calls to activate the Responsibility to Protect (R2P) doctrine to stop the Assad regime from its murderous rampage. Armed with a failed UN Security Council resolution that would have endorsed an Arab League peace plan, thanks to Russian and Chinese vetoes, David Rieff reproves widespread liberal consensus for intervention in a February 2012 Foreign Policy article.

Who Let The Dogs Out? R, R2p, Christine Bell

Human Rights & Human Welfare

As a long-time human rights advocate I find myself uncomfortably sharing Rieff's central concern over the link between military intervention and human rights advocacy, forged through the Responsibility to Protect (R2P) doctrine. This common concern is uncomfortable because I don't share his broader sentiments. However, it is also uncomfortable because it involves me swimming against the human rights tide, which seems to have embraced R2P.

Who Could Possibly Be Against A Treaty For The Blind?, Aaron Scheinwald

Fordham Intellectual Property, Media and Entertainment Law Journal

This Note presents the history of the problem of VIPs' restricted access to information, a legal-realist analysis of the reasons for and against a WIPO treaty for the blind, and the contours of a best-case solution.

Constitutional Democracy, Human Dignity, And Entrenched Evil, Mark A. Graber

Pepperdine Law Review

The following essay pays tribute to Sandy Levinson's thoughts on constitutional compromises by paying tribute to the thoughts on constitutional compromises by our common mentor, Walter Murphy. Rather than directly engage in a dialogue with Compromise and Constitutionalism, the analysis below joins the preexisting dialogue between Professors Levinson and Murphy on how to construct a decent polity among people who have deep disputes over what constitutes political decency. Walter Murphy is unfortunately largely known to legal audiences only through the work of such outstanding mentees as Sandy Levinson, Jim Fleming, Christopher Eisgruber, Andrew Koppelman, Jennifer Nedelsky, and Robert George. Walter …

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

Faculty Working Papers

The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …

Holocaust-Era Claims In The 21st Century: Hearing Before The S. Comm. On The Judiciary, 112th Cong., June 20, 2012 (Statement Of Edward T. Swaine, Professor Of Law, Gw Law School), Edward T. Swaine

GW Law Faculty Testimony Before Congress & Agencies

No abstract provided.

The Treaty Of Lisbon And Accession Of The European Union To The European Convention On Human Rights, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

The Treaty of Lisbon, adopted in December 2009, constitutes a major step in the development of the protection of Human Rights in Europe.

Mr. Ban-Tear Down The U.N'S Wall Of Immunity/Impunity (Before A National Court Does)!!, Great L. Rios, Edward P. Flaherty

ILSA Journal of International & Comparative Law

Immunity has been proven to be not only a living anachronism, but one which often leads to impunity for the worst kinds of rights violations.

Transnational Surrpgacy And International Human Rights Law, Barbara Stark

ILSA Journal of International & Comparative Law

Surrogacy refers to the process through which a woman intentionally becomes pregnant with a baby that she does not intend to keep.

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims’ Representatives, David C. Baluarte

Scholarly Articles

The article focuses on the international law regarding the inter-American human rights system. It informs about the implementation of compliance jurisprudence litigation by the Inter-American Court of Human Rights. It further states that the compliance has encouraged the representatives of the victims to make the litigation more meaningful so that they can get the fair judgment.

Introduction: The Washington Declaration On Intellectual Property And The Public Interest, Sean M. Flynn

American University International Law Review

No abstract provided.

Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele

American University International Law Review

No abstract provided.

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte

American University International Law Review

No abstract provided.

The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala

American University International Law Review

No abstract provided.

The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley

American University International Law Review

No abstract provided.

Jessica Lenahan (Gonzalez) V. United States & Collective Entity Responsibility For Gender-Based Violence, Nancy Chi Cantalupo

American University Journal of Gender, Social Policy & the Law

No abstract provided.

France’S Repatriation Of Roma: Violation Of Fundamental Freedoms, Caitlin T. Gunther

Cornell International Law Journal

No abstract provided.

Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen

American University International Law Review

No abstract provided.

Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing The Rights Of Children And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg

American University International Law Review

No abstract provided.

Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein

American University International Law Review

No abstract provided.

Securing Land Tenure & Agricultural Development In The Guinea Savannah: A Ghanaian Case Study, Michael S. Talbot

South Carolina Journal of International Law and Business

No abstract provided.

China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang

Maryland Journal of International Law

No abstract provided.

Measuring Human Rights: A Review Essay, David L. Richards

Human Rights & Human Welfare

A review of:

Measuring Human Rights. By Todd Landman & Edzia Carvalho. New York, NY: Routledge, 2010. 163pp.

Brazil’S Upcoming “Mega-Events” Human Rights Legacy, Thomas Pegram

Human Rights & Human Welfare

Preparations for the 2014 World Cup and 2016 Olympic Games are well underway in Brazil, with local government officials in Rio de Janeiro trumpeting the “major success” of initiatives intended to address notoriously high levels of violent crime.

In an attempt to head off widespread concerns, which preceded South Africa’s hosting of the 2010 World Cup, the apparent success of initiatives such as the Police Pacification Units (PPUs) cracking down on insecurity in Rio’s shantytowns (many, such as Rocinha, close to popular tourist areas and venues for Olympic events) has been loudly hailed by local politicians and duly reported by …

“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews

Societies Without Borders

Official US discourse claims US leadership and benevolence in promoting human rights worldwide. But US action on human rights is more complicated and paradoxical. My aim is to problematize “human rights” in particular discursive contexts in order to discover what is encompassed by this set of concepts and how the discourse about human rights exposes the relations of ruling (Smith 1990). I examine the discourse of the powerful, i.e., the US State Department in its Annual Country Reports on Human Rights. The repetition of facts, assertions, and ideas by a hegemonic institution constructs a reality that is difficult to counter. …

Hannah Arendt In A Global Age: Political Evil And International Theory, Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Political Evil in a Global Age: Hannah Arendt and International Theory. By Patrick Hayden. New York: Routledge, 2009. 145 pp.

From “Iron Fist” Policies To Comprehensive Social Intervention, Claudia Heiss

Human Rights & Human Welfare

The latest effort by Brazilian authorities to control crime in Rio's favelas confronts us with several complex questions regarding democracy, the rule of law, and civil-military relations, not only in this case, but throughout Latin America. What conclusions can we derive from the military and police interventions in Rio about the state of affairs of these third-wave democracies?

Trojan Horse Or Much Ado About Nothing - Analyzing The Religious Exemptions In New York's Marriage Equality Act, David Wexelblat

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

American University Journal of Gender, Social Policy & the Law

No abstract provided.