Law Commons^™

Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Dual System Of Human Rights: The European Union, Elizabeth Defeis

ILSA Journal of International & Comparative Law

Developments in the area of human rights continue to figure prominently in the evolving jurisprudence of the European Union.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

Women, Leadership & Equality

No abstract provided.

The Push & Pull Of Globalization: How The Global Economy Makes Migrant Workers Vulnerable To Exploitation, Neha Misra

Human Rights Brief

No abstract provided.

Sanctioned Abuses: The Case Of Migrant Domestic Workers, Nisha Varia

Human Rights Brief

No abstract provided.

The Doctrine Of The Inter-American Court Of Human Rights Regarding States' Duty To Punish Human Rights Violations And Its Dangers, Fernando Felipe Basch

American University International Law Review

No abstract provided.

A System Of Wholesale Denial Of Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Seeking Integral Reparations For The Murders And Disappearances Of Women In Ciudad Juárez: A Gender And Cultural Perspective, Jorge Calderón Gamboa

Human Rights Brief

No abstract provided.

The U Visa Unveiled: Immigrant Crime Victims Freed From Limbo, Jessica Farb

Human Rights Brief

No abstract provided.

Ensuring A Responsibility To Protect: Lessons From Darfur, Anonymous

Human Rights Brief

No abstract provided.

Human Trafficking, Susan Freese

Human Rights & Human Welfare

Human trafficking is one of the greatest, yet little known problems facing Russia and the former Soviet Republics. The most pertinent aspects of this topic include: who is trafficked, causes of trafficking, and the steps that have been and need to be taken to combat trafficking. Following coverage of the preceding aspects, this bibliography will include a brief section on prominent trafficking in specific countries.

Human Rights Challenges In Georgia, Latife Bulur

Human Rights & Human Welfare

Since the Rose Revolution of 2003, human rights problems in Georgia have been improving. Economically and socially, Georgia has been reaching milestones as it continues to improve different facets of the state. In contrast to past research, current writing on Georgia has become increasingly more positive. Many pieces written on Georgia tell of a growing and thriving country that has gone to great lengths to strengthen national pride and to gain positive global recognition.

United States Foreign Policy: Liberty And Security?, Jessi Schimmel

Human Rights & Human Welfare

Prior to September 11, 2001, the United States had the reputation of being a leader in the field of human rights. As information of torture and abuse in Abu Ghraib, Guantánamo Bay, and secret CIA detention centers has surfaced, however, the image of America has changed from human rights champion to that of violator. In large part, the international community of scholars and activists has come to deride the foreign policy of the United States as misguided and out of balance with the threats the country faces. However, there are also plenty of outspoken defenders who believe that the tactics …

Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz

Human Rights & Human Welfare

A review of:

Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.

The Universality Of Human Rights: A Response, William J. Talbott

Human Rights & Human Welfare

A response to:

Mayerfeld, J., Ackerly, B., Shue, H., Donnelly, J., Tan, K., & Beitz, C. (2007). Exploring universal rights: A symposium. Human Rights, Human Welfare, 7. https://digitalcommons.du.edu/hrhw/vol7/iss1/24/

The Effects Of The Madrid And London Subway Bombings On Europe’S View Of Terrorism, Katie Friesen

Human Rights & Human Welfare

Terrorism within Europe, until 2004, was limited to internal, historical conflict between the state and dissenting factions, such as Spain’s Euskadi Ta Askatasuna (ETA) or the Irish Republican Army (IRA) in the United Kingdom. Islamic violence was strongly linked to the Middle East, as well as to America’s “War on Terror” initiative following the attacks of September 11. However, after the Madrid bombings in 2004 and the London subway bombings in 2005, Islamist terrorism has not only become a very real threat, it has also developed into an issue with which Europeans identify personally. The bombings resulted in mass casualties …

Uzbekistan At The Crossroads, Latife Bulur

Human Rights & Human Welfare

Uzbekistan is at the crossroads of the Central Asian region. Because of its strategic location and natural resources, Uzbekistan is becoming an interest to many different states, including the United States. However, many states that are interested in Uzbekistan are cautious about developing relations due to civil and governmental unrest.

Human Rights In Russia And The Former Soviet Republics: Introduction, Arianna Nowakowski

Human Rights & Human Welfare

Following the collapse of the Soviet Union in 1991, a state of political, economic, and social disarray was accompanied by a renewed hope for improved human rights conditions in Russia and the former Soviet Republics. However, transitions toward more democratic forms of governance and market economies have faced many obstacles, and have not necessarily facilitated the protection of such rights. As this eclectic compilation of essays and bibliographies in the current digest reveals, many legacies of Soviet rule persist and continue to plague the region today.

Human Rights And The War On Terror: Complete 2005 - 2007 Topical Research Digest, Jack Donnelly, Simon Amajuru, Susannah Compton, Robin Davey, Syd Dillard, Amanda Donahoe, Charles Hess, Sydney Fisher, Kelley Laird, Victoria Lowdon, Chris Maggard, Alexandra Nichols, Travis Ning, Toni Panetta, Greg Sanders, James Smithwick, Angela Woolliams, Chris Saeger, Sarah Bania-Dobyns, Eric Dibbern, David Gillespie, Latife Bulur, Katie Friesen, Arika Long, Arianna Nowakowski, Joel R. Pruce

Human Rights & Human Welfare

“9/11 changed everything.” Not really. In fact, there has been far more continuity than change over the past six years in both international and domestic politics. Nonetheless, human rights often have been harmed—although not by terrorism but by “the war on terror.”

Political Repression Of Islam, Amy Swift

Human Rights & Human Welfare

Central Asia, once one of the least known regions in the world, has become important to the United States since 9/11, the resulting U.S. invasion of Afghanistan, and the new “War on Terror.” Tajikistan, often considered the poorest and most obscure of the five Central Asian “Stans,” was thrust into the public view when it became useful to the United States in its 2001 invasion of Afghanistan.

Dr. Martin Luther King, Jr. As An International Human Rights Leader, Henry J. Richardson Iii

Villanova Law Review (1956 - )

No abstract provided.

Juvenile Enemy Combatants And The Juvenile Death Penalty In U.S. Military Commissions, Suzanne Farley

Santa Clara Law Review

No abstract provided.

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Research Reports & White Papers

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …

María Lugones's Work As A Human Rights Idea(L), Berta E. Hernández-Truyol, Mariana Ribeiro

UF Law Faculty Publications

The work of Maria Lugones can be utilized to focus on the same ideas of human reality articulated in the human rights framework. She engages the complexity of humans — the indivisibility of their identity components — through her concepts of hybridity/multidimensionality. Similarly, Lugones captures the human need for self-determination — a right embedded in the human rights framework — in her work on autonomy, agency, and self-care. Finally, her quest for an anti-subordination ideal, like the human rights mandate for equality and nondiscrimination, comes to life in her call for the recognition of and respect for the equality of …

Should Or Must?: Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labour, And Other Human Rights, Stephen J. Powell

UF Law Faculty Publications

This article examines whether customs, treaties, and historical facts have caused the ethical human rights obligations of economically powerful states to assume a legal quality. The author argues that the legal quality of these obligations may arise from the global harm principle of international law and human rights obligations found in treaties. As a consequence, states may be held accountable for the human rights violations of transnational corporations. Further, the author examines the possibility of pursuing claims under the U.S. Alien Tort Statute for torts committed in violation of international treaties as another avenue for enforcing human rights obligations.

Transphobia And The Relational Production Of Gender, Elaine Craig

Articles, Book Chapters, & Popular Press

Knowing one's place in the social order, whether that place is one of relative privilege or not, serves two psychologically ameliorative functions. It relieves one from the “anxiety of [gender] identity interrogation” and it helps to inform one as to the socially agreed upon, acceptable conduct for interpersonal exchanges--the episteme of social interaction. This Paper will demonstrate that gender identity is produced through relational, contextually influenced, interpretative processes. Because gender is constructed in societies which strongly embrace static, binary conceptions of gender, and in which social, familial, occupational, and sexual *139 interactions are heavily influenced by gendered social scripts, gender …

Assessing Baxi’S Thesis On The Emergence Of A Trade-Related Market-Friendly Human Rights Paradigm: Recent Evidence From Nigerian Labour-Led Struggles, Obiora Chinedu Okafor

Articles & Book Chapters

The objective of the article is to assess some of the sub-claims that emerge from Baxi’s thesis on an emergent trade-related market-friendly human rights paradigm in the light of the available evidence regarding the intense contestations and confrontations that have occurred between Nigeria’s politically and economically transitional Obasanjo regime and a local labour-led coalition. The piece sets out to ascertain the contextual and localised validity of these ‘Baxian’ sub-claims, within the wider context of the government vs. labour confrontations in Nigeria during the neo-liberal socio-economic reforms undertaken in that country between 1999 and 2005.

Teaching Race/Teaching Whiteness: Transforming Colorblindness To Color Insight, Margalynne J. Armstrong, Stephanie Wildman

Faculty Publications

This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education rarely addresses this normative role played by whiteness. An incomplete understanding of the nature of white privilege and the modern move toward "colorblindness" conceal the raced nature of much law. To draw the harmful operation of colorblindness into relief, this Article proposes adopting "color insight, " which would …

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …