Human Rights Law Commons^™

A Decent Respect To The Opinions Of Mankind, 25 J. Marshall L. Rev. 215 (1992), Louis Henkin

UIC Law Review

No abstract provided.

Civil Rights In The Islamic Constitutional Tradition: Shared Ideals And Divergent Regimes, 25 J. Marshall L. Rev. 267 (1992), Abdullahi Ahmed An-Na' Im

UIC Law Review

No abstract provided.

The Human Right To Development: Its Meaning And Importance, 25 J. Marshall L. Rev. 235 (1992), James C.N. Paul

UIC Law Review

No abstract provided.

Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen

Michigan Journal of International Law

This Note offers an alternative perspective on international human rights that seeks to bypass the dead-end universalist-cultural relativist debate, and proposes a concept of human rights that is harmonious with the modern collectivist and socialist Chinese order. Since human rights protect dignity, this study finds the source of human dignity in China in society, not in nature. This analysis opens the door to the development of a meaningful set of guaranteed individual rights for a socialist state and a Confucian order.

Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill

Vanderbilt Journal of Transnational Law

The 1980s will go down in history as the Decade of Democracy. Latin America, Europe, and even parts of Africa saw remarkable gains in political pluralism and individual freedoms, but nowhere was this more pronounced than in central and eastern Europe and the Balkans.

As Timothy Garton Ash chronicled in his inspiring essays, The Magic Lantern, the movements of a people from totalitarianism to freedom were remarkably peaceful. Once started, the speed was breathtaking. This dash toward freedom is epitomized in Ash's quip made famous by playwright, turned President, Vaclav Havel: "In Poland it took ten years, in Hungary ten …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.

Domestic Violence Against Women: A Comparative Analysis Of Remedies Under The American And Indian Legal Systems, Anita Elizabeth Jacob Ninan

LLM Theses and Essays

The purpose of this thesis is to compare the legal remedies available to women who are the victims of domestic violence in the United States and India and analyze whether the existing laws in the two systems are effective and sufficient in combating this growing problem. Domestic violence against women is a reality. It haunts the female species form the cradle to the grave, manifesting itself in sociocultural crime peculiar to some societies like India, such as female feticide, female infanticide, bride burning dowry deaths, and wife battering (both a developing country like India and an economically developed country like …

International Human Rights Law In Soviet And American Courts, Lori Fisler Damrosch

Faculty Scholarship

To what extent should domestic courts apply international law – specifically the international law of human rights? I would like to examine this question with reference to two very different states: the Union of Soviet Socialist Republics and the United States. For quite distinct reasons, neither of the two has yet fully embraced the idea of direct application in national tribunals of the body of international law that regulates the relationship between human beings and their own governments. As the post-Cold War era unfolds, it is time to ask whether either or both of these erstwhile adversaries might finally be …

The Effect Of The Tiananmen Square Massacre Upon Negotiations For The Draft Basic Law Of The Hong Kong Special Administrative Region, Wendy Dullea Bowie

Penn State International Law Review (1982 - 2011)

This Comment will examine the effect of the massacre and the Chinese government's subsequent actions upon the negotiation of certain provisions of Hong Kong's future laws. Section II will examine the massacre, China's subsequent denial of any massacre, and Hong Kong's reaction to those events. Section III will discuss Great Britain's acquisition of Hong Kong, and the China-Britain agreement regarding Hong Kong. Section IV will compare provisions for the protection of human and individual rights contained within the Constitution of the People's Republic of China (PRC Constitution), the China-Britain Joint Declaration, (Joint Declaration) and the Draft Basic Law (DBL) which …

Democracy, Counterinsurgency, And Human Rights: The Case Of Peru, Angela Cornell, Kenneth Roberts

Cornell Law Faculty Publications

The wave of authoritarianism that swept over Latin America in the 1960s and 1970s focused international attention on the human rights violations committed by military dictatorships. As most Latin American nations experienced transitions to democratic rule in the 1980s, hopes were raised that human rights would be more widely respected. Nevertheless, it is questionable whether a regime change from dictatorship to democracy necessarily entails renewed respect for human rights. Does redemocratization represent a fundamental change in the exercise of political authority—that is, in relations between the state and civil society—or are there conditions under which democratic institutions and constitutional norms …

Universal Kinship And The Supreme Court, Louis Lusky

Cardozo Law Review

No abstract provided.

Slouching Toward Integration: International Banking Before And After 1992, Shari Siegel

Cardozo Law Review

No abstract provided.

"Federal" Aspects Of The European Convention On Human Rights, Colin Warbrick

Michigan Journal of International Law

The inquiry pursued in this paper has been prompted by a paradox. In the United States, the Supreme Court has been reluctant to find any constitutional limitations upon the power of the States to allow the administration of corporal punishment in schools, despite being able to rely on the national Bill of Rights - in the interpretation of which the Court has many times circumscribed the power of the State governments in other contexts. The result has been that some children have been left without redress when they have been subjected to exceptionally severe punishment. Under the system of the …

Introduction, Monroe E. Price

Cardozo Law Review

No abstract provided.

Human Rights And International Relations, Sandip Bhattacharji

Michigan Law Review

A Review of Human Rights and International Relations by R.J. Vincent

Prurient Interest And Human Dignity: Pornography Regulation In West Germany And The United States, Mathias Reimann

University of Michigan Journal of Law Reform

This Article examines the regulation of pornography in West Germany and compares it to regulation in the United States. Part I provides an overview of the legal framework- constitutional and statutory-of pornography regulation in West Germany. Part II then traces the evolution of the concept of human dignity as a standard for defining pornography in West Germany, and Part III illustrates the practical impact of the idea in two widely debated recent cases. Part IV argues that West Germany's human dignity approach to pornography regulation raises important questions about how to view pornography, but that cultural and constitutional differences between …

Human Rights Law-Making In The United Nations, 1 Harv. Hum. Rts. Y.B. 335 (1988), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

New Constitutional And Penal Theory In Spanish Abortion Law, Richard Stith

Law Faculty Publications

No abstract provided.

The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr

Faculty Works

The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo

Maryland Series in Contemporary Asian Studies

No abstract provided.

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.

Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz

Michigan Journal of International Law

Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can …

Refugees, Law, And Development In Africa, Peter Nobel

Michigan Journal of International Law

This article concerns those large movements of people in Africa, which have been called the "African refugee problem." However, large and intriguing migrations of populations have occurred in Africa for centuries. The earliest migrations reflected the spread of culture, the growth of trade and the development of roving early kingdoms. The unique history behind the refugee dilemma, however, begins with the instability spawned by slave trading and colonialism. Sensitivity to these eras heightens an understanding of why today's Africa is wrought with economic crises, territorial disputes, unnatural frontiers, misfit ethnic combinations, and more refugees than any other continent. Against this …

Nordic Refugee Law And Policy, Göran Melander

Michigan Journal of International Law

Since the end of World War II, the Nordic states have shown an interest in refugee policy and have taken part in work on behalf of refugees through various international organizations. In the 1940s and the 1950s, when Western Europe was faced with a huge refugee problem, the Nordic states shared the burden with countries of first asylum in Central Europe by admitting refugees for permanent resettlement. In the 1960s and 1970s, when other continents were confronted with refugee problems, the Nordic states also generously contributed material assistance to refugees resettled in neighboring countries. In 1979, for instance, the Nordic …

Foreward: Access To Justice As A Focus Of Research, Bryant G. Garth, Mauro Cappelletti

Articles by Maurer Faculty

No abstract provided.

Beyond Freedom And Dignity: Aleksandr Solzhenitsyn And The American Gulag, Ira P. Robbins

Michigan Law Review

A review of The Gulag Archipelago 1918-1956: An Experiment in Literary Investigation. Volume III by Aleksandr I. Solzhenitsyn

The Sunday Times Case: Freedom Of The Press And Contempt Of Court Under English Law And The European Human Rights Convention, Nathaniel L. Nathanson

Kentucky Law Journal

No abstract provided.

"Law And Order" And Protection Of The Rights Of The Accused In The United States And In India: A General Framework For Comparison, K. M. Sharma

Buffalo Law Review

No abstract provided.