Human Rights Law Commons^™

International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet

Buffalo Human Rights Law Review

No abstract provided.

Race Against Time, Sarah Feor

Buffalo Human Rights Law Review

Book review of Stephen Lewis' Race Against Time

Standard Setting In Human Rights: Critique And Prognosis, Makau Wa Mutua

Journal Articles

This article interrogates the processes and politics of standard setting in human rights. It traces the history of the human rights project and critically explores how the norms of the human rights movement have been created. This article looks at how those norms are made, who makes them, and why. It focuses attention on the deficits of the international order, and how that order - which is defined by multiple asymmetries - determines the norms and the purposes they serve. It identifies areas for further norm development and concludes that norm-creating processes must be inclusive and participatory to garner legitimacy …

Beyond Juba: Does Uganda Need A National Truth And Reconciliation Process?, Makau Mutua

Journal Articles

Virtually every African State, including Uganda, is a product of the rape of the continent by imperial European powers. Even though it is true that Africans cannot blame every ill on colonialism, the imperial conquests of European powers have had severely debilitating consequences. Yet, we cannot despair, and for beautiful Uganda, the genesis for recovery may lie in Juba. However - it can most certainly only be realized by looking beyond Juba. Ultimately, the reform of the Ugandan state lies in the full democratization of political society. President Museveni must understand that he will not live forever, and therefore he …

Change In The Human Rights Universe, Makau Mutua

Journal Articles

No abstract provided.

The U.N. Disability Convention: Historic Process, Strong Prospects And Why The U.S. Should Ratify, Tara J. Melish

Journal Articles

On December 13, 2006, the United Nations General Assembly unanimously adopted the Convention on the Rights of Persons with Disabilities. The Convention is historic and path-breaking on several levels, both in protection terms for the world's 650 million persons with disabilities who may now draw upon its provisions in defense of their internationally-protected rights, and in relation to the unprecedented level of civil society input and engagement in the negotiation process. This sustained and constructive engagement has given rise to a dynamic process of dialogue, cooperation, and mutual trust that will fuel monitoring and implementation work, at national and international …

Integrating A Human Rights Perspective Into The European Approach To Combating The Trafficking Of Women For Sexual Exploitation, Alexandra Amiel

Buffalo Human Rights Law Review

No abstract provided.

Beyond The Promises: Resuscitating The State Reporting Procedure Under The African Charter On Human And Peoples' Rights, Takele Soboka Bulto

Buffalo Human Rights Law Review

No abstract provided.

Human Rights Realization In An Era Of Globalization: The Indian Experience, Surya Deva

Buffalo Human Rights Law Review

No abstract provided.

Human Rights Begin At Home: A Policy Analysis Of Litigating International Human Rights In U.S. State Courts, Anna Maria Gabrielidis

Buffalo Human Rights Law Review

No abstract provided.

The Moral Values Project: Deploying Moral Discourse For Gay Equality, Chai Rachel Feldblum, Michael Boucai

Other Scholarship

The language of “moral values” dominates contemporary political debates. As currently constructed, this language offers little room for those of us who believe in full sexual and gender equality for women, for people who are lesbian, gay or bisexual, and for transgender and intersex people. Indeed, it offers little room for anyone whose moral values do not fit into the Religious Right’s narrowly contrived meaning of morality.

The authors of this paper believe in full sexual and gender equality. We understand these goals as a moral agenda. And we believe a Moral Values Project can help to bring about the …

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger movement to democratize the …

Rethinking The "Less As More" Thesis: Supranational Litigation Of Economic, Social And Cultural Rights In The Americas, Tara J. Melish

Journal Articles

In their 2005 law review article Less as More: Rethinking Supranational Litigation of Economic and Social Rights in the Americas, James Cavallaro and Emily Schaffer argue for a "rethinking" of strategies to advance economic, social and cultural rights in the Americas. They posit that to achieve higher rates of real-world protection for such rights, social rights advocates should do two things: first, bring less litigation and, second, frame any marginal litigation that is pursued as violations of classic civil and political rights. According to the authors, this recommended course will increase the "legitimacy" of the litigation and lead to higher …

Counter-Rejoinder: Justice Vs. Justiciability?: Normative Neutrality And Technical Precision, The Role Of The Lawyer In Supranational Social Rights Litigation, Tara J. Melish

Journal Articles

An important debate is currently underway in the inter-American human rights system involving the proper approach litigators, adjudicators, and advocates should take to supranational litigation of economic, social and cultural rights. Centered on questions of jurisdiction and the proper characterization and limits of justiciability, its resolution has tremendous implications for the tools available to on-the-ground advocates, their real-world effectiveness and sustainability in adjudicatory and advocacy contexts alike, and the rationalization of the system's developing jurisprudence over the long-term.

This article book-ends a trilogy of pieces appearing in the NYU Journal of International Law and Politics by two sets of authors, …

Empowering The Human In Human Rights Discourse, Seval Yildirim

Journal Articles

No abstract provided.

Internationalizing Post-Conflict Justice: The "Hybrid" Special Court For Sierra Leone, Lisa Danish

Buffalo Human Rights Law Review

No abstract provided.

Minority Rights In Europe, D. Christopher Decker

Buffalo Human Rights Law Review

Book review of Patrick Thornberry & María Amor Martín Estébanez's Minority Rights in Europe

Torture: A Collection, Bryn D. Powell

Buffalo Human Rights Law Review

Book review of Torture: A Collection, Sanford Levinson, ed.

Prosecuting Cases Of Gender Violence In The International Criminal Tribunal For Rwanda, Allison T.C. Milne

Buffalo Human Rights Law Review

No abstract provided.

Human Rights Violations Arising From Conduct Of Non-State Actors, Jan Arno Hessbruegge

Buffalo Human Rights Law Review

No abstract provided.

The Law Of Peoples Or A Law For People: Consumers, Boycotts, And Non-Human Animals, Gary Chartier

Buffalo Environmental Law Journal

No abstract provided.

Identity As Inclusion, Jerome Bruner

Buffalo Law Review

Book review of David M. Engel and Frank W. Munger's Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities

Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton

Buffalo Human Rights Law Review

No abstract provided.

The Patriot Act And Bush's Military Tribunals: Effective Enforcement Or Attacks On Civil Liberties?, John Lichtenthal

Buffalo Human Rights Law Review

No abstract provided.

The Truth Between Reparation And Reconciliation: The Pretoria–Nairobi Axis, Ali A. Mazrui

Buffalo Human Rights Law Review

No abstract provided.

The Semantics Of The Guantanamo Bay Inmates: Enemy Combatants Or Prisoners Of The War On Terror?, Anne E. Joynt

Buffalo Human Rights Law Review

No abstract provided.

Katerina Dalacoura, Engagement Of Coercion? Weighing Western Human Rights Policies Toawards Turkey, Iran And Egypt, Susan M. Cimini

Buffalo Human Rights Law Review

No abstract provided.

Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua

Buffalo Human Rights Law Review

No abstract provided.

The Forgotten Story Of The Mizrachi Jews: Will The Jews Of The Middle East Ever Be Compensated For Their Expulsion From The Arab World?, Joseph D. Zargari

Buffalo Public Interest Law Journal

No abstract provided.

Aspirational Law, Philip Harvey

Buffalo Law Review

No abstract provided.