Human Rights Law Commons^™

Book Review, W. Leslie Peat

Vanderbilt Law Review

The Ethical Investor is, despite its flaws, as thorough and comprehensive a treatment of the problems of universities and corporate responsibility as might be desired. It should be required reading for university trustees, and it offers many valuable insights to the general reader. Although it may appear that student and faculty interest has diminished somewhat during the past two years, it is nearly a certainty that this has been more the result of an intelligent and sincere response by university administrators and trustees than of any profound change in the climate of opinion. If the universities continue to respond in …

More Than Law, Anthony J. Celebrezze

Vanderbilt Law Review

In mid-1963, at hearings' on what was to become the Civil Rights Act of 1964, I expressed my regret that some 37 years prior to the end of the twentieth century we found it necessary to take up legislation that dealt with basic human rights. Today, nearly a decade later, I express a similar regret that those rights have not yet been realized for every citizen of this nation.

Unlawful Seizures And Irregular Rendition Devices As Alternatives To Extradition, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Extradition is a legal device whereby a state requests from an-other the surrender of a person accused or convicted of a crime. It is one of the modes of cooperation in penal matters between states. One rationale for extradition is that all states have an obligation to cooperate in the suppression of criminality and must, therefore, surrender to each other accused and fugitive offenders. This ration-ale is based on the maxim "aut dedere aut iudicare". Extradition law and practice have been slow to recognize the rights of those persons who are the objects of its proceedings. In fact, the whole …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING …

Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi Holtzman Golding

Vanderbilt Law Review

Any discussion of the ethical issues in population limitation and redistribution must begin by focusing upon the definition of "the problem," because how one views the problem, and its urgency and gravity, inevitably determines whether there is something that ought to be done and what it is that ought to be done.

As laymen in many of the areas that are relevant to the population problem, we are forced to rely on the expert knowledge of others. It would be highly salutary if there were a body of received opinion that could be used without hesitation. Unfortunately, on many crucial …

Book Notes: International Protection Of Human Rights, Alessandra Luini Del Russo

Vanderbilt Journal of Transnational Law

Until the Nuremburg Tribunal, international thought concerning human rights conformed to the idea that the guarantor of these rights was the national sovereign. With the birth of the United Nations and the Universal Declaration of Human Rights, the need for international guarantees of human rights within a state was formally recognized; that individuals have certain inalienable human rights is a proposition which few nations will dispute today. Furthermore, despite wide ideological differences, most states have found it possible to agree on the scope and consequences of man's fundamental freedoms.

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

The Future Of America And The Role Of Law, Ray Forrester

Vanderbilt Law Review

On August 22, 1970, Dean Ray Forrester of the Cornell Law School presented this paper to the Southeastern Conference of the Association of American Law Schools and the American Association of Law Libraries meeting in Nashville, Tennessee. Because the question of negativism in the academic community seldom has been raised by a highly respected legal educator, the Vanderbilt Law Review felt that these remarks were particularly significant. To test the reaction of other prominent legal educators to Dean Forrester's position, the Vanderbilt Law Review solicited the comments of the deans of various law schools. This paper and the comments that …

On Dissent, Violence, And The Intellectual, Page Keeton

Vanderbilt Law Review

If I have properly assessed the meaning of Dean Forrester's comments, he stated that: (1) America is now in the midst of an attempted revolution, an attempt to create a new society by force and violence; (2) war, race relations, poverty, environment, and the other festers in our society, while great problems, are not the real causes of the discontent; (3) the attempted revolution is the product of a generation of university teaching and writing which has created the intellectual atmosphere and the state of mind that sustain the conflict. I respectfully dissent while recognizing at the same time the …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

G.I. RIGHTS AND ARMY JUSTICE: THE DRAFTEE'S GUIDE TO MILITARY LIFE AND LAW

By Robert S. Rivkin

New York: Grove Press, Inc., 1970. Pp. vii, 383. $1.75.

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HUMAN RIGHTS AND INTERNATIONAL ACTION

By Ernst B. Haas

Stanford, California: Stanford University Press, 1970.Pp. vii, 184.

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INDIRECT TAXATION IN DEVELOPING COUNTRIES

By John F. Due

Baltimore: The Johns Hopkins Press, 1970. Pp. v, 201. $9.00.

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INTERNATIONAL TELECOMMUNICATIONS AND INTERNATIONAL LAW: THE REGULATION OF THE RADIO SPECTRUM

By David M. Leive

Dobbs Ferry, N. Y.: Oceana Publications Inc., 1970. Pp. 11, 386.$16.50.

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THE WINDS OF FREEDOM

By Dean Rusk …

United States Participation In International Agreements For The Preservation Of Human Rights, A. Hamilton Cooke

Vanderbilt Journal of Transnational Law

The past two decades of international legal history have been characterized by an increased emphasis upon the importance of the individual as a proper subject of international law. Revolutionary changes have occurred in the area of human rights with the completion of various declarations, covenants, and conventions aimed at the preservation of specific rights within a framework of international law. The continuing importance and relevance of this general subject was symbolized by the designation of 1968 as the International Year for Human Rights in honor of the twentieth anniversary of the Universal Declaration of Human Rights.

This paper examines the …

Some Legal Problems Of State Trading In Southeast Asia, Chittharanjan F. Amerasinghe

Vanderbilt Law Review

State trading-trade conducted internationally by a state or public agency-has become a feature of the mixed economies of southeast Asia. With the growing importance of economic planning and the increase of state intervention (often tantamount to absolute control)in areas of the economy of individual southeast Asian countries, there has been an expansion of international trading functions by states or public agencies. Much of this trade is conducted at a state to state level, i.e., on a bilateral basis. This kind of infrastructure is attributable in part to the fact that the Communist bloc countries generally either have no place for …

Justice Brewer And Substantive Due Process: A Conservative Court Revisited, Robert E. Gamer

Vanderbilt Law Review

From the heat of ideological battle which has accompanied the emergence of America into the status of a capitalistic society, late nineteenth century conservatives have emerged in many circles with a reputation for being selfish, profit-hungry individuals attempting to hide their rapacity under a cloak of pleasant platitudes and private charity. In addition to falling under this less-than-favorable shadow, those of this breed who presumably came to cluster about the Supreme Court of the United States have been attacked by liberals for subverting the Constitution of the United States into an instrument to serve the acquisitive interests of the capitalists …

The Charter And The Constitution: The Human Rights Provisions In American Law, Oscar Schachter

Vanderbilt Law Review

The United Nations has added new complications to the well-worn subject of treaties and the Constitution. The issues have arisen principally in the field of human rights and, inevitably, constitutional discussions have reflected the political as well as the legal complexities. One consequence has been an apparent shift in legal positions: bar association leaders, long devoted to strict construction, have been inclined recently to stress the broad and expansive character of the treaty power and the supremacy clause ; in contrast, U.S. Government officials normally expected to support federal power have increasingly emphasized constitutional limitations. In political terms, this turnabout …

The Genocide Convention And The Constitution, Myres S. Mcdougal, Richard Arens

Vanderbilt Law Review

What is traditional for common crimes can scarcely be oppressive innovation for mass-murder. Even freedom of communication is not, furthermore, an absolute in democratic preference: security and human decency must likewise have their place.

It is no little irony that argument must be made in support of a convention to suppress genocide. "The spectacle," writes a contemporary journal of opinion, "of modern man explaining his right to existence is an odd one." The Genocide Convention is but one of many interrelated measures in a world-wide program to secure peace and respect for the dignity of the individual human being. Rational …