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- Human Rights (70)
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Articles 61 - 90 of 116
Full-Text Articles in Human Rights Law
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle
Faculty Publications
We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.
Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart
Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein
Book Review Of Global Responsibility For Human Rights: World Poverty And The Development Of International Law, Michael Ashley Stein
Faculty Publications
No abstract provided.
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein
Social Rights And The Relational Value Of The Rights To Participate In Sport, Recreation And Play, Janet E. Lord, Michael Ashley Stein
Faculty Publications
No abstract provided.
Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold
Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold
William & Mary Environmental Law and Policy Review
No abstract provided.
Proportional Deportation, Angela M. Banks
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein
Faculty Publications
No abstract provided.
State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth
State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth
William & Mary Law Review
In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …
Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider
Adolescents Under International Law: Autonomy As The Key To Reproductive Health, Aliya Haider
William & Mary Journal of Race, Gender, and Social Justice
As a matter of policy, the reproductive and sexual health of adolescents matter because they comprise almost one half of the world's population. As a matter of international human rights law, adolescents have reproductive and sexual health rights. This article outlines how the international community must ensure adolescents' access to and exercise of those reproductive health rights. Governments must enable informed decision-making while also offering state protections for this vulnerable population. Without laws and policies that uphold adolescent health worldwide, future generations will needlessly suffer.
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
Popular Authorship And Constitution Making: Comparing And Contrasting The Drc And Kenya, James Thuo Gathii
William & Mary Law Review
No abstract provided.
Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal
Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal
William & Mary Law Review
No abstract provided.
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane Stromseth
Post-Conflict Rule Of Law Building: The Need For A Multi-Layered, Synergistic Approach, Jane Stromseth
William & Mary Law Review
No abstract provided.
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Disabling Prejudice, Michael E. Waterstone, Michael Ashley Stein
Faculty Publications
No abstract provided.
The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein
The Domestic Incorporation Of Human Rights Law And The United Nations Convention On The Rights Of Persons With Disabilities, Janet E. Lord, Michael Ashley Stein
Faculty Publications
This Article reviews the processes by which domestic-level transposition of international human rights norms may occur as a consequence of human rights treaty ratification, or other means of incorporation. Specifically, we consider the transformative vision of the Convention on the Rights of Persons with Disabilities (CRPD or Convention) as a vehicle for fostering national-level disability law and policy changes. In doing so, we outline the challenges and opportunities presented by this new phase in disability rights advocacy, and we draw conclusions that bear generally upon human rights practice and scholarship. We contend that the role of human rights in domestic …
The Morality Of Property, Thomas W. Merrill, Henry E. Smith
The Morality Of Property, Thomas W. Merrill, Henry E. Smith
William & Mary Law Review
No abstract provided.
Dark Ages Of Human Rights?, Linda A. Malone
Dark Ages Of Human Rights?, Linda A. Malone
Faculty Publications
No abstract provided.
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
A Quick Overview Of The United Nations Convention On The Rights Of Persons With Disabilities, Michael Ashley Stein
Faculty Publications
No abstract provided.
A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein
A Theory Of Expressive International Law, Alex Geisinger, Michael Ashley Stein
Faculty Publications
Ever since Grotius first suggested that desire for esteem from the broader global community motivates States to comply with international law, identifying just how this desire effects compliance has proven illusive. The ability to harness the pull of international society is important to virtually all treaty formation and compliance. It is especially important in the area of human rights regimes where other compliance forces such as coercion, are rarely, if ever, used. Recent empirical evidence, however, suggests that human rights regimes are ineffective. Indeed, in many situations this evidence suggests that the human rights practices of States that ratify such …
Disability Human Rights, Michael Ashley Stein
Disability Human Rights, Michael Ashley Stein
Faculty Publications
Responding to the absence of an international treaty expressly protecting people with disabilities, the United Nations General Assembly will soon adopt a disability-based human rights convention. This Article examines the theoretical implications of adding disability to the existing canon of human rights, both for individuals with disabilities and for other under-protected people. It develops a "disability human rights paradigm" by combining components of the social model of disability, the human right to development, and Martha Nussbaum's version of the capabilities approach, but filters them through a disability rights perspective to preserve that which provides for individual flourishing and modifying that …
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Beyond Disability Civil Rights, Michael Ashley Stein, Penelope J.S. Stein
Faculty Publications
No abstract provided.
Culture Change, Lan Cao
Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps
Gender-Based War Crimes: Incidence And Effectiveness Of International Criminal Prosecution, Andrea R. Phelps
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio
Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Maria Perinetti, Susan L. Pollet, Meredith S. Salvaggio
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson
The Role Of Women In Peacekeeping And Peacemaking: Devising Solutions To The Demand Side Of Trafficking, Connie De La Vega, Chelsea E. Haleynelson
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein
Book Review Of Non-State Actors And Human Rights, Michael Ashley Stein
Faculty Publications
No abstract provided.
Trafficking In Humans: Now And In Herman Melville's Benito Cereno, Marilyn R. Walter
Trafficking In Humans: Now And In Herman Melville's Benito Cereno, Marilyn R. Walter
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Sex Slavery In The United States And The Law Enacted To Stop It Here And Abroad, Susan W. Tiefenbrun
Sex Slavery In The United States And The Law Enacted To Stop It Here And Abroad, Susan W. Tiefenbrun
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
International Law, Politics, Diplomacy And The Abolition Of The Death Penalty, William A. Schabas
William & Mary Bill of Rights Journal
No abstract provided.
Suppressing The Incriminating Statements Of Foreigners, John Quigley
Suppressing The Incriminating Statements Of Foreigners, John Quigley
William & Mary Bill of Rights Journal
No abstract provided.
The Mandatory Death Penalty In The Commonwealth Caribbean And The Inter-American Human Rights System: An Evolution In The Development And Implementation Of International Human Rights Protections, Brian D. Tittemore
William & Mary Bill of Rights Journal
No abstract provided.