Law Commons^™

Corporate Initiatives: A Second Human Rights Revolution?, Douglass Cassel

Journal Articles

This Essay examines the role of multinational corporations in protecting human rights around the globe. Part I analyzes the conduct of corporations, describes examples of corporations' involvement in human rights violations, and discusses the merits of greater responsibility of corporations. Part II suggests that the level of responsibility for a multinational corporation depends on the proximity of the corporation's operations to human rights violations, in combination with the seriousness of the violations, and proposes five gradations of responsibility. This Essay concludes that the evolving nature of the global economy is producing a shift in responsibilities from government to the private …

Indian Religious Freedom: Recognized/Denied, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."

The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Journal Articles

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.

Women In Iran: Obstacles To Human Rights And Possible Solutions, Alison E. Graves

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Ancient Legal Maxims And Modern Human Rights, Dr. J. Stanley Mcquade

Campbell Law Review

No abstract provided.

Mature Adjudication: Interpretive Choice In Recent Death Penalty Cases, Bernard Harcourt

Faculty Scholarship

Capital punishment presents a "hard" case for adjudication. It provokes sharp conflict between competing constitutional interpretations and invariably raises questions of judicial bias. This is particularly true in the new Republic of South Africa, where the framers of the interim constitution deliberately were silent regarding the legality of the death penalty. The tension is of equivalent force in the United States, where recent expressions of core constitutional rights have raised potentially irreconcilable conflicts in the application of capital punishment.

Two recent death penalty decisions – the South African Constitutional Court opinions in State v. Makwanyane and the United States Supreme …

The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike

Vanderbilt Journal of Transnational Law

In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in …

Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.

Peace-Building, John Linarelli

Scholarly Works

No abstract provided.

Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli

Scholarly Works

No abstract provided.

The World Bank, The Imf, And Human Rights, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.

Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Gay Marriage - A Modern Proposal: Applying Baehr V. Lewin To The International Covenant On Civil And Political Rights, Anne M. Burton

Indiana Journal of Global Legal Studies

No abstract provided.

Filling The "Charter Gap": Human Rights Codes In The Private Sector, Gavin W. Anderson

Osgoode Hall Law Journal

The author considers the capacity of the federal and provincial human rights codes to deal with human rights abuses in the private sector. He compares the social democratic potential of the codes, with the classical liberalism of Charter jurisprudence, which shields the private sector from constitutional scrutiny. Four case studies are used: the definition of "offered to the public," mandatory retirement, the rights of the poor, and systemic discrimination. It is concluded that there are important similarities between the codes and the Charter, both at an institutional design and a doctrinal level. As a result, the codes have been unable …

Chapter 1 - "The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …

"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark

Publications

In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …

Important Steps And Instructive Models In The Fight To Eliminate Violence Against Women, Elizabeth M. Misiaveg

Washington and Lee Law Review

No abstract provided.

The Women's Convention And The Equal Protection Clause Symposium - Human Rights In The Americas., Michael J. Corbera

St. Mary's Law Journal

This Article addresses whether the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (Women’s Convention) violates the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Because international treaties such as the Women’s Convention carry the same weight and are subject to the same treatment as U.S. federal law, the constitutionality of the Convention is dictated by U.S. jurisprudence. Part II of this Article outlines and discusses the origin and content of the Women’s Convention. Part III contains a historical review of gender jurisprudence in the United States, with particular emphasis on …

Legal Training Handbook For The Ukrainian Military, Jeffrey F. Addicott

Faculty Articles

In May of 1995, a democracy building project between The Judge Advocate General of Ukraine and United States Army lawyers was completed in Kiev. Over the course of this eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov, Chief, Legal Service of the Ministry of Defense of Ukraine, in developing a legal training handbook for Ukrainian soldiers.

The handbook, entitled “Code of Conduct for Participants in Military Operations,” now serves as the primary training guide for instructing …

Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

While these more profound issues of structure and perception beg for solution, a more immediate problem has arisen with the advent of Republican dominance in the Congress. One of the likely outgrowths of this transference of political power is that Congress, along with the Supreme Court, which has been doing it for some time, may funnel more issues to the States and their subsidiary governments for resolution or administration. Such a transfer does not bode well for tribes. Remember the allotment of Indian lands (1880s-1930s) and the Termination of tribes (1950s-1960s)? Those policies essentially made tribes and their citizens subject …

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

Rediscovering The Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …

Patrimonicide: The International Economic Crime Of Indigenous Spoliation, Ndiva Kofele-Kale

Vanderbilt Journal of Transnational Law

In the past two decades, the organized and systematic theft of a state's wealth and resources by its leaders has reached unprecedented levels in developing and less-developed states. Unlike previous acts of embezzlement by political leaders, this new wave of corruption-referred to as indigenous spoliation--involves billions of dollars and causes widespread social and economic devastation. This Article defines indigenous spoliation and presents some examples of this practice. The author describes the inadequacy of domestic law in dealing with the problem and suggests that international law should provide a remedy. Next, the author proposes a framework for holding persons involved in …

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

Limited Mandates And Intertwined Problems: A New Challenge For The World Bank And The Imf, Daniel D. Bradlow, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

The sovereign states that participated in the establishment of the post-Second World War international order had a specific vision of how international organizations should function. This view was based on two premises. The first premise was that the sovereign state was the most significant actor in the international order. Consequently, only states could join and participate in the affairs of the new international organizations. Furthermore, international organizations were limited in their ability to interfere in the internal affairs of their member states.

Federalism's Future In The Global Village, Barry Friedman

Vanderbilt Law Review

The world we live in is becoming smaller. Although no doubt people have been saying that since at least the travels of Marco Polo, Columbus, and Vespucci, events appear to be moving with startling rapidity. Global trade, global travel, global communication-all are bringing us together in ways that even twenty years ago we hardly could imagine. The words "globalization" and "internationalization" are heard frequently now, and in many new and different contexts. In contrast to the globalization phenomenon, we are accustomed to thinking about American federalism largely in domestic terms. The primary arena in which the debate about the role …

Humanitarian Intervention In Southeast Asia In The Post-Cold War World: Dilemmas In The Definition And Design Of International Law, Bruce Pruitt-Hamm

Washington International Law Journal

Human rights abuse is a significant problem in Southeast Asia. The end of the Cold War has led to trends toward greater use of international interventionary force for humanitarian objectives. This Comment proposes that rather than defining or re-interpreting international law to allow military intervention for humanitarian purposes, a Southeast Asian regional human rights regime should be formed, involving greater development and acceptance of non-military forms of intervention.

The Bamboo Gulag: Human Rights In The People's Republic Of China, 1991-1992, Ta-Ling Lee, John F. Copper

Maryland Series in Contemporary Asian Studies

No abstract provided.

Human Rights In The Middle East: An Overview Of The Last Decade, Hanny Megally

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"

Human Rights In Egypt: The Cause, The Movement, And The Dilemma, Hani Shukrallah

Faculty Book Chapters

"First presented at the 1994 Cairo Papers Annual Symposium"