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Articles 1741 - 1770 of 3205
Full-Text Articles in Law
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Democracy And Flame-Fanning Populists: An Undesirable Yet Inevitable Combination, Richard Burchill
Human Rights & Human Welfare
Tariq Ramadan views the recent referendum in Switzerland inserting a ban against the building of minarets into the Swiss Constitution, as a vote against Muslims not only in Switzerland, but across Europe. Those of a more tolerant sensibility will of course agree with Ramadan on this issue and will easily criticize the Swiss for “getting it wrong” by voting in favor of this constitutional amendment. There is no question that a constitutional vote on what is essentially an issue of local planning permission is, as Ramadan describes it, a silly initiative. However, this is also the nature of democracy as …
Of Minarets, Headscarves, And Cartoons, Kurt Mills
Of Minarets, Headscarves, And Cartoons, Kurt Mills
Human Rights & Human Welfare
It is difficult not to agree with Tariq Ramadan. The fear of and discrimination against Muslims in Western societies since 9/11 is clear and worrying. The anti-Muslim populism he cites is real, although it may also be part of a broader anti-immigrant populism. The posters he describes are extremely disturbing, and reminiscent of World War II propaganda. They are an artifact of fear of the misunderstood “other.”
Minarets Vote Compromises Human Rights For Everyone, Anna Talbot
Minarets Vote Compromises Human Rights For Everyone, Anna Talbot
Human Rights & Human Welfare
Minarets, like church steeples, are a physical manifestation of religion. There is little doubt, then, that their recent banning in Switzerland following a referendum constitutes a breach of the right to freedom of religion, with respect to the right to manifest ones religion. This right is protected under a number of instruments, including the Universal Declaration of Human Rights (Article 18), the International Covenant on Civil and Political Rights (ICCPR) (Article 18), and the European Convention on Human Rights (Article 9). Under these instruments, the right to manifest ones religion can only be limited if such a limitation is necessary …
Reproductive Health As A Human Right, Lance Gable
Reproductive Health As A Human Right, Lance Gable
Case Western Reserve Law Review
No abstract provided.
From The Bottle To The Grave: Realizing A Human Right To Breastfeeding Through Global Health Policy, Benjamin Mason Meier, Miriam Labbok
From The Bottle To The Grave: Realizing A Human Right To Breastfeeding Through Global Health Policy, Benjamin Mason Meier, Miriam Labbok
Case Western Reserve Law Review
No abstract provided.
Guantánamo As Outside And Inside The U.S.: Why Is A Base A Legal Anomaly? , Ernesto Hernández-López
Guantánamo As Outside And Inside The U.S.: Why Is A Base A Legal Anomaly? , Ernesto Hernández-López
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Shared Understanding Or Consensus-Masked Disagreement? The Anti-Torture Framework In The Convention On The Rights Of Persons With Disabilities, Janet E. Lord
Articles
No abstract provided.
Eastphalia As The Perfection Of Westphalia, Tom Ginsburg
Eastphalia As The Perfection Of Westphalia, Tom Ginsburg
Indiana Journal of Global Legal Studies
Eastphalia Emerging?: Asia, International Law, and Global Governance, Symposium. Indiana University Maurer School of Law, Bloomington, Indiana, 2009
Illustrating Illegitimate Lawfare, Michael A. Newton
Illustrating Illegitimate Lawfare, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir
Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir
Case Western Reserve Journal of International Law
No abstract provided.
The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel
The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel
Case Western Reserve Journal of International Law
No abstract provided.
Carl Schmitt And The Critique Of Lawfare, David Luban
Carl Schmitt And The Critique Of Lawfare, David Luban
Case Western Reserve Journal of International Law
No abstract provided.
The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz
The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz
Case Western Reserve Journal of International Law
No abstract provided.
One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt
One New President, One New Patriarch, And A Generous Disregard For The Constitution:, Robert C. Blitt
Vanderbilt Journal of Transnational Law
The government of Russia and the Russian Orthodox Church (ROC)--the country's predominant religious group--recently underwent back-to-back changes in each institution's respective leadership. This coincidence of timing affords a unique opportunity to reassess the status of constitutional secularism and church-state relations in the Russian Federation. Following a discussion of the presidential and patriarchal elections that occurred between March 2008 and January 2009, the Article surveys recent developments in Russia as they relate to the nation's constitutional obligations. In the face of this analysis, the Article argues that the government and the ROC alike continue to willfully undermine the constitutional principles of …
Missed Opportunity: Congress's Attempted Response To The World's Demand For The Violence Against Women Act, Brenton T. Culpepper
Missed Opportunity: Congress's Attempted Response To The World's Demand For The Violence Against Women Act, Brenton T. Culpepper
Vanderbilt Journal of Transnational Law
The Supreme Court's decision in U.S. v. Morrison struck down, as a violation of the Commerce Clause, § 13,981 of the Violence Against Women Act, that provided a private right of action for victims of gender-motivated violence to assert against their abusers. However, § 13,981 should have been affirmed as implementing legislation designed to fulfill U.S. obligations under the International Covenant on Civil and Political Rights and customary international law. Recognizing § 13,981 as implementing legislation serves as a foundation for the United States to restore itself as a legitimate human rights leader capable of both appreciating its own international …
Balancing Rights And Responsibilities: Human Rights Jurisprudence On Regulating The Content Of Speech, Dinah L. Shelton
Balancing Rights And Responsibilities: Human Rights Jurisprudence On Regulating The Content Of Speech, Dinah L. Shelton
GW Law Faculty Publications & Other Works
The right to freedom of expression is one of the essential attributes of a democratic society, linked to transparency in government, public participation in decision-making, and each person’s individual self-determination. This paper analyzes the key provisions of human rights instruments that concern the right to freedom of expression. The paper also evaluates the scope of freedom of expression rights by considering U.N. studies and reports and the jurisprudence of human rights bodies. The paper concludes that the law cannot fully resolve the tensions between the free exercise of expression and the protection of other’s rights, but the legal guarantees and …
Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain
Returning Home: Women In Post-Conflict Societies, Naomi R. Cahn, Dina Francesca Haynes, Fionnuala D. Ni Aolain
GW Law Faculty Publications & Other Works
This paper explores the situation of women returning to their homes and communities after their countries have experienced major conflicts. In that context, it assesses the range of barriers and challenges that women face and offers some thinking to addresses and remedy these complex issues. As countries face the transition process, they can begin to measure the conflict’s impact on the population and the civil infrastructure. Not only have people been displaced from their homes, but, typically, health clinics, schools, roads, businesses, and markets have deteriorated substantially. While the focus is on humanitarian aid in the midst of and during …
Embedded International Law And The Constitution Abroad, Sarah H. Cleveland
Embedded International Law And The Constitution Abroad, Sarah H. Cleveland
Faculty Scholarship
This Essay explores the role of "embedded" international law in U.S. constitutional interpretation, in the context of extraterritorial application of the Constitution. Traditional U.S. understandings of the Constitution's application abroad were informed by nineteenth-century international law principles of jurisdiction, which largely limited the authority of a sovereign state to its geographic territory. Both international law and constitutional law since have developed significantly away from strictly territorial understandings of governmental authority, however. Modern international law principles of jurisdiction and state responsibility now recognize that states legitimately may exercise power in a number of extraterritorial contexts, and that legal obligations may apply …
Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane
Human Rights For Hedgehogs?: Global Value Pluralism, International Law, And Some Reservations Of The Fox, Robert D. Sloane
Faculty Scholarship
This essay, a contribution to the Boston University Law Review’s symposium on Ronald Dworkin’s forthcoming book, Justice for Hedgehogs, critiques the manuscript’s account of international human rights on five grounds. First, it is vague: it fails to offer much if any guidance relative to many of the most difficult concrete issues that arise in the field of international human rights law and policy - precisely the circumstances in which international lawyers might benefit from the guidance that moral foundations supposedly promise. It is also troubling, and puzzling given Dworkin’s well-known commitment to the right-answer thesis, that his account of human …
Human Rights And American Bioethics: Resistance Is Futile, George J. Annas
Human Rights And American Bioethics: Resistance Is Futile, George J. Annas
Faculty Scholarship
The Borg are always confident that humans will be assimilated into their collective hive and therefore that, as they say, “resistance is futile.” In Star Trek, of course, the humans always successfully resist. Elizabeth Fenton and John Arras, like the Borg, resist the idea that humans are uniquely special as well as the utility of the human rights framework for global bioethics. I believe their resistance to human rights is futile, and I explain why in this essay. Let me begin with their subtitle, because we do seem to agree that popular culture is a powerful aid to understanding human …
Introduction Symposium: Russia And The Rule Of Law: New Opportunities In Domestic And International Affairs , Michael Scheimer
Introduction Symposium: Russia And The Rule Of Law: New Opportunities In Domestic And International Affairs , Michael Scheimer
American University International Law Review
No abstract provided.
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona
Outsiders Inside The Beltway: Latcrit Xiv - Critical Outsider Theory And Praxis In The Policy Making Of The New American Regime, Anthony E. Varona
Articles
No abstract provided.
Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel
Indivisibility And Linkage Arguments: A Reply To Gilabert, James W. Nickel
Articles
This reply discusses Pablo Gilabert's response to my article, "Rethinking Indivisibility." It welcomes his distinction between conceptual, normative, epistemic, and causal forms of support from one right to another. It denies, however, that "Rethinking Indivisibility" downplayed linkage arguments for human rights (although it did call for careful evaluation of such arguments), and rejects Gilabert's suggestion that we understand the indivisibility of two rights as two rights being highly useful to each other (interdependence) rather than as mutual indispensability. In the final section, I offer two new worries about the system-wide indivisibility of human rights.
The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum
The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum
Articles
No abstract provided.
The Sacrificial Yoo: Accounting For Torture In The Opr Report, David Cole
The Sacrificial Yoo: Accounting For Torture In The Opr Report, David Cole
Georgetown Law Faculty Publications and Other Works
When the Justice Department finally released the report of its Office of Professional Responsibility on the “torture memos,” recommending that the initial torture memo’s authors, John Yoo and Jay Bybee, be referred for bar discipline, John Yoo declared victory in op-eds in the Wall Street Journal and Philadelphia Inquirer. The report itself concluded that Yoo and Bybee had acted unethically, and quoted many of Yoo’s successors in office as condemning the memos as, among other things “slovenly,” “riddled with error,” and “insane.” But Yoo claimed victory because Associate Deputy Attorney General David Margolis vetoed its recommendation that he be referred …
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Not Child's Play: Revisiting The Law Of Child Soldiers, Chris Jenks
Faculty Journal Articles and Book Chapters
This brief commentary discusses child soldiers in general and Omar Khadr, a 15 yr old whom the United States military captured during armed conflict in Afghanistan, in particular. I suggest the conversation should be broadened and to move past misperceptions of the applicable law and norms concerning detention and prosecution of child belligerents.
Collective Management Of Copyrights And Human Rights: An Uneasy Alliance Revisited, Laurence R. Helfer
Collective Management Of Copyrights And Human Rights: An Uneasy Alliance Revisited, Laurence R. Helfer
Faculty Scholarship
This essay analyzes the “creators’ rights” provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR) in the context of the collective administration of copyright and neighboring rights and the policies and practices of collective management organizations (CMOs). It also addresses other human rights treaties and international court rulings relevant to collective rights management. The essay begins with an overview of the ICESCR Committee’s General Comment on ICESCR Article 15(1)(c), “the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the …
Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Professor Michael Stein, Janet E. Lord
Monitoring The Convention On The Rights Of Persons With Disabilities: Innovations, Lost Opportunities, And Future Potential, Professor Michael Stein, Janet E. Lord
Articles
As the first human rights treaty of the twenty-first century, the United Nations Convention on the Rights of Persons with Disabilities (CRPD) protects some 650 million persons with disabilities. The CRPD also has an opportunity to progressively reconfigure the structure and process of human rights oversight. While the overall framework for monitoring and implementing the CRPD resembles existing core human rights instruments, it has some notable features. The CPRD Committee is endowed with several innovations of significant potential, especially in the breadth of reporting and investigative procedures, thereby offering prospects for other treaty bodies and the human rights system more …
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
December 31, 2009: Predictions For The Next Decade, Bruce Ledewitz
Hallowed Secularism
Blog post, “Predictions for the Next Decade“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Hope Over Experience?, Cath Collins
Hope Over Experience?, Cath Collins
Human Rights & Human Welfare
Writing about US human rights policy from the outside is always a disconcerting experience. All bets are off, and all assumptions are turned on their head. Assumptions from the South looking North are that, rhetoric aside, US interests rarely if ever feature human rights protection and promotion in first place. What’s more, they have very frequently featured the opposite: dirty tricks, torture and rendition were sadly familiar to students of Latin American history long before Guantanamo. The Clinton years went some way towards reining in the more blatant contradictions of the 1980s, but they also set in train the easy …