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Human Rights Law

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Articles 1681 - 1693 of 1693

Full-Text Articles in Criminal Procedure

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurulé Jan 1997

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurulé

Journal Articles

A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their …

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Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews Jan 1997

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

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The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker Jul 1996

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.

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The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Articles

No abstract provided.

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The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi Jul 1995

The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi

Cardozo Journal of International and Comparative Law

The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.

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Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer Apr 1994

Never Again? The "Concentration Camps" In Bosnia-Herzegovina: A Legal Analysis Of Human Rights Abuses, Alan C. Laifer

Cardozo Journal of International and Comparative Law

The note draws parallels between the atrocities committed during the Holocaust and the ongoing violence in Bosnia, emphasizing the need for international accountability. It advocates for the establishment of a War Crimes Tribunal, modeled after the Nuremberg Tribunal, to prosecute individuals responsible for genocide and other war crimes. The analysis critiques the international community’s inaction and underscores the importance of upholding international law to prevent future atrocities.

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Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt Jan 1993

Prostitution: A Violation Of Women's Human Rights, Dorchen Leidholdt

Cardozo Journal of Equal Rights & Social Justice

The article argues that prostitution is a violation of women's human rights, asserting that it is not a form of work or a legitimate choice but rather an exploitative institution rooted in gender inequality. The author criticizes the pro-prostitution lobby for framing prostitution as empowering, arguing that this perspective ignores the inherent abuse and exploitation faced by women in the industry.

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A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin Jan 1993

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.

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Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb Feb 1989

Future Disabilities Under New York’S Human Rights Law, Andrea Lisa Leeb

Cardozo Law Review

No abstract provided.

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Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon Jan 1988

Problem Diskrecije U Americkoj Pravnoj Misli, Charles M. Yablon

Articles

No abstract provided.

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Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin Feb 1987

Preventive Detention, Curfews, Demolition Of Houses, And Deportations: An Analysis Of Measures Employed By Israel In The Administered Territories, Cheryl V. Reicin

Cardozo Law Review

No abstract provided.

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Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc Jan 1985

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

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Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii Jan 1983

Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii

Michigan Journal of International Law

The American approach to the political offense exception to extradition is under increasing attack. Unfavorable commentary, sparked in part by the recent decision In re McMullen, has noted the confusion present in the operation of the exception. This article will trace some of the difficulties to the uncertain procedural burdens of raising and proving the exception in the judicial hearing. The current practice should be reformed to ameliorate the confusion. To this end, the United States Congress or Supreme Court must intervene to unify the procedural approaches taken by U.S. magistrates with respect to raising and proving the political …

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