Human Rights Law Commons^™

Reflections On Recent Remarks Of "That Unnecessary And Dangerous Officer", Roger J. Miner '56

Flag Day & Law Day Ceremonies

No abstract provided.

Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …

Note, The Convention For The Elimination Of All Forms Of Discrimination Against Women: Radical, Reasonable, Or Reactionary?, Sarah C. Zearfoss

Michigan Journal of International Law

This Note will explore the merits behind these positions and attempt a resolution. If the potential effect of the Convention can only be to freeze and enshrine sex equality law as it currently exists, one who is interested in achieving changes in the law for the purpose of benefiting women will not want to put her energy into lobbying for ratification. It is therefore important to get past political strategies and determine what promise the Convention might hold for women in the United States. If the United States were to ratify the Convention, what changes, if any, would result?

Nurturin Rights: An Essay On Women, Peace, And International Human Rights, Barbara Stark

Michigan Journal of International Law

This essay will explore the relationship between what many view as the two most urgent issues of our time: nurturing rights, and promoting peace.

Second Class Rights? Principles And Compromise In The Charter, Denise G. Réaume, Leslie J. M Green

Dalhousie Law Journal

Minority language rights are both historically and politically central to the Canadian constitution. It is also commonly supposed that they are fundamental rights, rooted in principle, and deserving generous interpretation by the courts. For a time, it seemed that the Supreme Court of Canada shared this view. In the Manitoba Language Reference, for example, they said that "The importance of language rights is grounded in the essential role that language plays in human existence, development and dignity." In Mercure v. A.G. of Saskatchewan they reiterated: "It can hardly be gainsaid that language is profoundly anchored in the human condition. Not …

The Capacity Of International Law To Advance Ethnic Or Nationality Rights Claims, S. James Anaya

Publications

No abstract provided.

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

Cardozo Law Review

No abstract provided.

Section 1983 And The Reaganization Of The Sixth Circuit: Closing The Doors To The Federal Courthouse, Steven H. Steinglass

Law Faculty Articles and Essays

This article looks at the most significant developments in section 1983 litigation in the Sixth Circuit during the two-year period from January 1, 1987 to December 31, 1988. The emphasis is on the remedial and procedural issues that arise in section 1983 litigation rather than on the underlying federal constitutional and statutory rights enforceable through section 1983.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder

Law Faculty Articles and Essays

The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile

Vanderbilt Journal of Transnational Law

Serious internal obstacles also block adequate realization of civil and political rights in Africa. The colonial legacy, rising popular expectations for a better life, subversion from abroad and the absence of strong national cohesion will engender political instability in African political systems that give free rein to the exercise of civil and political rights. Moreover, even if one assumes a democratic political system would be viable politically, that system may succumb to demands for increased consumption rather than promote adequate investment in infrastructure. In either event, democratic political systems will tend to be unstable, with the result that economic development …

Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman

Articles & Chapters

No abstract provided.

Ua21 Wku Affirmative Action Plan Volume V, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This volume contains the Report to the President for 1983-84 and the workforce analyses, availability rates, goals and timetables for the 1984-85 academic year by departmental units. The ultimate goals are scheduled for 1987.

Ua21 Wku Affirmative Action Plan, Volume Vi, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This volume contains the Report to the President for 1984-85, and the workforce analyses, availability rates, goals and timetables for the 1985-86 academic year by departmental units. the ultimate goals are scheduled for 1987.

Ua21 Wku Affirmative Action Plan Volume Iv, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This volume contains the workforce analyses, availability rates, goals and timetables for the 1983-84 academic year by departmental units. The ultimate goals are scheduled for 1987.

The Emerging State Court § 1983 Action: A Procedural Review , Steven H. Steinglass

Law Faculty Articles and Essays

Although actions under § 1983 have traditionally been a federal court remedy, an increasing number of litigants have turned to the state courts to pursue claims under § 1983. In light of this trend, the author presents a comprehensive examination of state court § 1983 actions--focusing on the choice of the state forum as a tactical decision, the power and duty of state courts to hear § 1983 actions, and the specific procedural and remedial issues that will arise in state court § 1983 litigation.

Freedom Of Association After Roberts V. United States Jaycees, Douglas O. Linder

Faculty Works

No abstract provided.

Ua21 Wku Affirmative Action Plan Volume Iii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This annual report of progress in the affirmative action - equal employment opportunity program is made in accordance with Section XIII of the Affirmative Action Plan, as amended July 1, 1981. This report will consist of four main elements:

1. Promotions During the Year
2. Recruitment Activities, Includes Goals & Results
3. Comparison of Personnel Strengths during 1981-82 & 1982-83
4. Conclusions Regarding Overall Progress & Recommendations for Future Improvements

Ua21 Wku Affirmative Action Plan Volume Ii, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This volume contains information and instructions regarding goals and timetables:

• Memorandum
• Availability Data

It also contains the goals and timetables for the following units:

• College of Arts & Humanities
• College of Business Administration
• College of Education
• College of Science, Technology & Health
• Academic Services
• Academic Affairs
• Office of the President
• Business Affairs
• Student Affairs

Ua21 Wku Affirmative Action Plan Volume I, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This 1981 Affirmative Action Plan is published as a revision of the WKU Affirmative Action Plan first published in 1974.

Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Can The Boat People Assert A Right To Remain In Asylum?, Brian Roberts

Seattle University Law Review

World political reaction to the Southeast Asian refugee crisis has not asserted the refugees' human rights under international law. As a result, most of the refugees lack security from forcible return to the conditions they fled. They would have that security if the world powers act instead to implement non-refoulement, an established moral principle that arguably has attained the status of customary international law.

The Maine Indian Land Claims Case: Pro And Con, Joseph Pecoraro

Maine Collection

The Maine Indian Land Claims Case: Pro and Con / Materials compiled by Dr. Joseph Pecoraro, curriculum consultant, State Department of Educational and Cultural Services, 1979.

"This is a collection of articles taken from The Church World dealing with the Maine Indian Land Claim issue."

The Wicked Witch Is Almost Dead: Buck V. Bell And The Sterilization Of Handicapped Persons, Robert L. Burgdorf, Mary Pearce Burgdorf

Journal Articles

Judgment at Nuremberg 1 concerned the criminal trial of a former German judge who, under Hitler's Third Reich, had ordered involuntary sexual sterilization operations to be performed upon Jewish men and women. In a famous scene from that screenplay and movie, the defense counsel, Rolfe, cross-examines a German law professor, Dr. Wieck, in regard to the legality of such practices: Rolfe (continuing) Dr. Wieck, you referred to "novel National Socialist measures introduced, among them sexual sterilization." Dr. Wieck, are you aware that this was not invented by National Socialism, but had been advanced for years before as a weapon in …

Economic Profile Of The Indian Claims Region, Maine State Planning Office

Maine Collection

Economic Profile of the Indian Claims Region

Prepared by: John Joseph, James Lindvall, Remi Jurenas & Beverly Gilcreast

Division of Economic Planning and Analysis and the Division of Comprehensive Planning, Maine State Planning Office, December 3, 1976.

Contents: I. Demographics of the Claims Region / II. Economics of the Claims Region / III. Housing Needs in the Claims Region / IV. Local Fiscal Considerations / V. Capital Markets

Additional Tables and Charts.

The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.