Law Commons^™

Personal Rights And Rule Dependence: Can The Two Co-Exist?, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically "rule-dependent." Typically, a constitutional litigant will not prevail unless she can show that a particular kind of legal rule is in force, e.g., a rule that discriminates against "suspect classes" in violation of the Equal Protection Clause, or that targets speech in violation of the First Amendment, or that is motivated by a religious purpose in violation of the Establishment Clause. Further, the litigant must typically establish a violation of her "personal rights." The Supreme Court has consistently stated that a reviewing court should not invalidate an unconstitutional governmental action at the instance of a claimant …

The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham

Human Rights Brief

No abstract provided.

Point: U.S. Millitary Support For Plan Colombia: Adding Fuel To The Fire , Andrew Miller

Human Rights Brief

No abstract provided.

Counterpoint: Plan Colombia And Human Rights , Luis Alberto Moreno

Human Rights Brief

No abstract provided.

A Human Rights Imperative: Extending Religious Liberty Beyond The Border, Nathan A. Adams Iv

Cornell International Law Journal

No abstract provided.

Critical Race Theory And International Law: Convergence And Divergence, Ruth Gordon

Villanova Law Review (1956 - )

No abstract provided.

Environmentalism, Human Rights And Indigenous Peoples: A Tale Of Converging And Diverging Interests, S. James Anaya

Publications

No abstract provided.

Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush

UF Law Faculty Publications

This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus the …

Building Bridges Iv: Of Cultures, Colors, And Clashes--Capturing The International In Delgado's Chronicles, Berta E. Hernández-Truyol

UF Law Faculty Publications

Sex, race, gender, sexuality, color, religion, language, nationality, ethnicity, culture, poverty - socially constructed categories, social tropes that relegate "others" to subordinated positions in the varied and various cultural and economic marketplaces of both global and local societies. Richard Delgado's transformational work engages all of these tropes insightfully, disturbingly, and illuminatingly. His rich literature conceptualizes persons as multidimensional, complex beings and exposes society as the pre-fabricated stage in which diverse interactions evolve. Delgado's epistemological stance is fluid, non-rigid, and grounded on subjectivity.

In this essay I will focus on Delgado's latest book When Equality Ends: Stories About Race and Resistance. …

Legal Challenges To And By Sex Workers/Prostitutes , Amalia Lucia Cabezas

Cleveland State Law Review

Sex worker is a term that emerges from a particular historical and political juncture. It reflects a change in consciousness imbedded in the political struggles of women prostitutes. In this article, I trace the genealogy of the term to the 1960s, when major changes occurred in the role of women in society and in the reconceptualization of what were heretofore known as "deviant" sexualities. I then shift attention to the Caribbean, where I apply the term to the advent of sex tourism and the development of a sex workers' movement linked to a human rights agenda.

Human Rights Of Indigenous Peoples: Report Of The Seminar On The Draft Principles And Guidelines For The Protection Of The Heritage Of Indigenous People, Erica-Irene Daes

St. Thomas Law Review

1. By its resolution 1997/13, the Sub-Commission on the Promotion and Protection of Human Rights (formerly Sub-Commission on the Prevention of Discrimination and Protection of Minorities) requested the United Nations High Commissioner for Human Rights to convene, prior to the sixteenth session of the Working Group on Indigenous Populations and the fiftieth session of the Sub-Commission, a seminar on the draft principles and guidelines for the protection of the heritage of indigenous peoples elaborated by the Special Rapporteur, Mrs. Erica-Irene A. Daes, with her participation and the participation of representatives of Governments, United Nations bodies and organizations, specialized agencies, organizations …

Confronting Gender-Based Violence With International Instruments: Is A Solution To The Pandemic Within Reach?, Jennifer L. Ulrich

Indiana Journal of Global Legal Studies

No abstract provided.

Protection Of Domestic Violence Victims Under The New York City Human Rights Law's Provisions Prohibiting Discrimination On The Basis Of Disability, Marta B. Varela

Fordham Urban Law Journal

This Article analyzes the need to create a new protected class of domestic violence victims to shield them from discrimination in employment. The Article examines arguments for and against proposed legislation to revise the human rights law governing disability, section 8-107 of the New York City Administration Code. The Article concludes that this legislation is unnecessary because the law already provides sufficient protection to domestic violence victims without requiring that victims disclose their domestic violence status to their employers.

Civil Rights Law In Transition: The Forty-Fifth Anniversary Of The New York City Commission On Human Rights

Fordham Urban Law Journal

This Symposium co-sponsored by the New York City Commission on Human Rights and the Fordham Urban Law Journal includes transcripts of panel discussions on topics at the intersection of law and policy. These topics include mediation, domestic violence, disability law, hate crimes legislation, sexual harassment, and sexual orientation law.

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Treaties, Human Rights, And Conditional Consent, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.

Nuclear Weapons, Lethal Injection, And American Catholics: Faith Confronting American Civil Religion, Thomas L. Shaffer

Journal Articles

But, still, honor is important among us. "He was an honorable man" is still a moving thing to say, at a (man's) funeral. The notion, and the liturgy that invokes the notion, show us believers that civil religion has a hold on us, and that we need a place where we can sit down together and think things out.2 6 This argument of mine needs to get beneath simple contrasts between biblical faith and civil religion. We believers need to reason together, plopped down as we are in the middle of the present. We believers include naval officers and lawyers …

Basic Rights And Anti-Terrorism Legislation, Kevin D. Kent

Vanderbilt Journal of Transnational Law

This Note addresses whether Britain's Criminal Justice (Terrorism and Conspiracy) Act (CJTCA), which permits police officer opinion testimony as to whether a terrorist suspect is a member of an illegal terrorist organization and allows adverse inferences to be drawn from that suspect's silence, can be reconciled with the fair trial provisions of the Human Rights Act (HRA). Part II of this Note describes the background of the CJTCA, concentrating on the reasons for its rushed passage and on the evidentiary changes it makes to trials of defendants charged with terrorist offenses. Part II describes the background and mechanics of the …

The Ethics Of Advocacy For The Mentally Ill: Philosophic And Ethnographic Considerations, Bruce A. Arrigo, Christopher R. Williams

Seattle University Law Review

In this Article, we critically address several philosophical underpinnings of ethical decision-making that impact persons with psychiatric disorders. We focus our attention, however, upon an admittedly limited target area. Thus, we canvass a select number of significant issues that pose unique problems for humanity. The purpose of these excursions is that of reflection. In brief, we will speculatively examine: (1) the relationship between human rights and the law; (2) the relationship between mental illness and the law (i.e. the rights of the mentally ill); (3) the ethics of involuntary confinement (i.e., taking away and giving back rights to the mentally …

Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope E. Andrews

Villanova Law Review (1956 - )

No abstract provided.

Immunity Of Volunteer Health Care Providers In Texas: Bartering Legal Rights For Free Medical Care Comment, Gwendolyn Pulido

The Scholar: St. Mary's Law Review on Race and Social Justice

Texas should not rely on Congress to cure the problem of indigent access to healthcare. Despite recent proposals to create a unified healthcare system, the United States continues to allow the welfare of its poor citizens to ride the wave of the free market. Unlike the U.S., several international declarations have acknowledged the inherent human right to healthcare including the World Health Organization (WHO), the United Nations Universal Declaration of Human Rights, and the United Nations’ adoption of the Covenant on Economic, Social, and Cultural Rights (The Covenant). Despite the recognition of a right to healthcare, there is still no …

Rights, Rules And The Structure Of Constitutional Adjudication: A Response To Professor Fallon, Matthew D. Adler

Faculty Scholarship

Constitutional doctrine is typically rule-dependent. A viable constitutional challenge typically hinges upon the existence of a discriminatory, overbroad, improperly motivated, or otherwise invalid rule, to which the claimant has some nexus. In a prior article, Prof. Adler proposed one model of constitutional adjudication that tries to make sense of rule-dependence. He argued that reviewing courts are not vindicating the personal rights of claimants, but rather are repealing or amending invalid rules. IN a Commentary in this issue, Professor Fallon now puts forward a different model of constitutional adjudication, equally consistent with rule-dependence. Fallon proposes that a reviewing court should overturn …

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms …

Who Asked You?: The Appropriateness Of U.S. Leadership In Promoting Religious Freedom Worldwide, Nichol J. Starr

Vanderbilt Journal of Transnational Law

Government endorsed and government imposed religious persecution is a growing phenomenon worldwide. From Central America to the Far East, people are arrested, tortured, and even killed for having and expressing their faith, despite the existence of universal covenants expressing acceptance of religious differences as among the most basic of human rights. Seeing the apparent futility of U.N. and other international efforts to curb such persecution, the U.S. Congress in 1998 passed the International Religious Freedom Act. Faith-based religious persecution--and the United States' role in combating it--first took center stage in American politics during the IRFA's passage, and most recently has …

Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer

Scholarly Works

An urgent human rights crisis at home is under close scrutiny by diverse groups including the United Nations, non-governmental organizations, the U.S. Department of Justice, and public interest lawyers. Within the context of a prison population explosion that dwarfs that of the rest of the world, the undeveloped status of international human rights in U.S. domestic jurisprudence becomes more evident. Within prison populations, increasing numbers of women’s lives are reduced to half-lives under the tortuous effects of sexual abuse by corrections officials. This dire situation presents the question: Can women prisoners continue to be denied the protections of international human …

The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley

Scholarly Works

This article will analyze human rights law to see whether it plays any role in the protection of the individual in the face of international extradition or other international cooperation in criminal matters. I will consider two approaches to extradition and human rights that seem to be vying for position in the world arena and the tension between them. The first is to apply the traditional statist exemptions to extradition, which sometimes have enabled a few human rights protections. This approach is based on the concept that states are the only subjects of international law. Thus, it is state's interests, …

Personal Law And Human Rights In India And Israel, Jayanth K. Krishnan, Marc Galanter

Articles by Maurer Faculty

No abstract provided.