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Human Rights Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 361 - 390 of 569

Full-Text Articles in Human Rights Law

Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz Jan 2009

Rwandan Genocide: Taking Notes From The Holocaust Reparations Movement, Yael Weitz

Cardozo Journal of Equal Rights & Social Justice

The note examines the failure to provide adequate reparations to rape victims of the Rwandan genocide, drawing parallels with the Holocaust reparations movement. It argues that while international law has advanced in recognizing rape as a grave crime, the existing mechanisms, such as the International Criminal Tribunal for Rwanda (ICTR), have failed to deliver reparations. The International Criminal Court (ICC) is proposed as a potential solution, despite jurisdictional limitations, through cooperation with the ICTR to address the urgent needs of Rwandan rape victims.

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Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong Jan 2009

Toward An Alternative Normative Framework For Copyright: From Private Property To Human Rights, Mary W. S. Wong

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Self-Incrimination In European Human Rights Law - A Pregnant Pragmatism?, Andrew Ashworth Dec 2008

Self-Incrimination In European Human Rights Law - A Pregnant Pragmatism?, Andrew Ashworth

Cardozo Law Review

No abstract provided.

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Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen Oct 2008

Social Reality And Philosophical Ideals In Transitional Justice, Jamie Rowen

Cardozo Public Law, Policy & Ethics Journal

The article argues that transitional justice mechanisms in post-conflict societies, such as Bosnia, often fail to establish legitimate authority because they neglect the crucial role of community building. It emphasizes that community is a prerequisite for legal authority and highlights the dialectical relationship between law and community, where each can shape the other. The case of Bosnia illustrates how the International Criminal Tribunal for the former Yugoslavia (ICTY) and the War Crimes Chamber (WCC) in Sarajevo have struggled to gain legitimacy due to their focus on procedural values over community engagement. The article advocates for a reoriented approach to transitional …

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Knowledge Or Purpose? The Khulumani Litigation And The Standard For Aiding And Abetting Liability Under The Alien Tort Claims Act, Shriram Bhashyam Sep 2008

Knowledge Or Purpose? The Khulumani Litigation And The Standard For Aiding And Abetting Liability Under The Alien Tort Claims Act, Shriram Bhashyam

Cardozo Law Review

No abstract provided.

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Defining Armed Conflict, Natasha Balendra May 2008

Defining Armed Conflict, Natasha Balendra

Cardozo Law Review

No abstract provided.

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Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin Apr 2008

Immigration Law: Nowhere To Turn-Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Cardozo Journal of International and Comparative Law

The article argues that the use of the Freedom of Information Act (FOIA) by illegal aliens to obtain necessary documents for their removal hearings is ineffective and unfair. The government withholds crucial information, such as asylum interview notes, under FOIA exemptions, particularly exemption (b)(5), which is intended for internal memos and attorney work product. This practice denies asylum seekers the ability to prepare their cases adequately, leading to unfair removal hearings and violating their due process rights. The author advocates for legislative reform to ensure fair access to information and a meaningful opportunity to be heard.

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Promoting Equality After Genocide, Sheri P. Rosenberg Apr 2008

Promoting Equality After Genocide, Sheri P. Rosenberg

Articles

The value of equality has little currency after genocide and ethnic cleansing. Restoring that value is no easy feat. Paramount, though not singular, in this struggle for equality is the role of the law A State establishes its common legal rights and duties through its legal institutions, which define the values and character of the nation. Legal institutions mediate these values and norms and through legal pronouncements provide a template for future civic engagement and social interaction. Equality and antidiscrimination jurisprudence is particularly important during the delicate period of transition alter genocide, because it grounds within society the normative shift …

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The Partisan Of The Universal, Dimitra Panopoulos Apr 2008

The Partisan Of The Universal, Dimitra Panopoulos

Cardozo Law Review

No abstract provided.

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A Constitutional "Right" To Deny And Promote Genocide? Preempting The Usurpation Of Human Rights Discourse Towards Incitement From A Canadian Perspective, Karen Eltis Jan 2008

A Constitutional "Right" To Deny And Promote Genocide? Preempting The Usurpation Of Human Rights Discourse Towards Incitement From A Canadian Perspective, Karen Eltis

Cardozo Journal of Conflict Resolution

I would like to thank the organizers of the conference, particularly Sheri Rosenberg, for their gracious invitation to speak to what is undoubtedly one of the most pressing themes commanding our attention - genocide and its denial. This is a time when historical truth struggles to endure in the face of insidious attacks at times couched in human rights rhetoric.

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Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian Jan 2008

Taking Denial Seriously: Genocide Denial And Freedom Of Speech In French Law, Sévane Garibian

Cardozo Journal of Conflict Resolution

The French National Assembly's adoption of a bill penalizing the denial of the Armenian genocide (October 12, 2006), later followed by the German plan to outlaw genocide denial throughout European Union, stoked the vigorous French debate on the connection between genocide denial and law and, more generally, between history and law. The main criticism expressed by the detractors of laws against negationism - in particular historians - is the following: penalization of denial constitutes a violation of freedom of expression and, as such, represents a threat to democracy.

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Taking Tort Law Seriously In The Alien Tort Statute, Anthony J. Sebok Jan 2008

Taking Tort Law Seriously In The Alien Tort Statute, Anthony J. Sebok

Articles

No abstract provided.

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Change Of Sex Designation On Transsexuals' Birth Certificates: Public Policy And Equal Protection, Stephanie Markowitz Jan 2008

Change Of Sex Designation On Transsexuals' Birth Certificates: Public Policy And Equal Protection, Stephanie Markowitz

Cardozo Journal of Equal Rights & Social Justice

The note examines the legal inconsistencies in the United States regarding the amendment of birth certificates for postoperative transsexual individuals, highlighting the disparity in treatment between male-to-female (MTF) and female-to-male (FTM) transsexuals. It argues that these inconsistencies violate the Equal Protection Clause by subjecting similarly situated individuals to different standards, often requiring MTF transsexuals to undergo more invasive surgeries than FTM transsexuals. The author advocates for a more equitable approach, emphasizing the importance of medical professionals' opinions and aligning legal standards with modern understandings of gender identity.

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Adr - Appropriate Disaster Recovery, Michael Tsur Jan 2008

Adr - Appropriate Disaster Recovery, Michael Tsur

Cardozo Journal of Conflict Resolution

The legal system may be as old as society itself. Since the dawn of civilization, man has incorporated law and judgment as primary tools to help regulate both civil and criminal aspects of social life. Both ancient and modern societies are often historically evaluated by the structure and quality of their legislative and judicial systems. People seem to have been caught in dispute ever since they began living together and effective dispute resolution was necessary for fundamental social structure and order.

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Denying Genocide: Law, Identity And Historical Memory In The Face Of Mass Atrocity Conference, Belinda Cooper Jan 2008

Denying Genocide: Law, Identity And Historical Memory In The Face Of Mass Atrocity Conference, Belinda Cooper

Cardozo Journal of Conflict Resolution

In 2006, France's lower house of parliament, the National Assembly, adopted a bill that would have made it a crime to deny that the Turks committed genocide against the Armenians during and after World War I. Almost simultaneously, Turkish writers and scholars, including Nobel Prize winner Orhan Pamuk, were being charged by Turkish authorities for precisely the opposite "crime": calling the killing of Armenians by Turks a genocide and, in the process, "denigrating Turkishness.'' These two diametrically opposed events provided an illustrative backdrop to the Denying Genocide: Law, Identity and Historical Memory in the Face of Mass Atrocity conference at …

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Throwing Down The International Gauntlet: Same-Sex Marriage As A Human Right, Vincent J. Samar Oct 2007

Throwing Down The International Gauntlet: Same-Sex Marriage As A Human Right, Vincent J. Samar

Cardozo Public Law, Policy & Ethics Journal

The article argues that nations have a moral and legal obligation to recognize same-sex marriages performed abroad, grounded in human rights principles and the framework of equality. It contends that the right to marry is a fundamental human right, rooted in dignity and self-fulfillment, and that denying recognition to same-sex marriages violates these principles. The analysis draws on Gewirth's rationalist approach to human rights and U.S. constitutional law, particularly the Fourteenth Amendment's Equal Protection and Due Process Clauses, to advocate for universal recognition of same-sex marriage as a matter of equality and liberty.

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The Problem With "Torture Lite", Bernhard Schlink Oct 2007

The Problem With "Torture Lite", Bernhard Schlink

Cardozo Law Review

No abstract provided.

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A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes Oct 2007

A Helping Hand: Addressing New Implications Of The Espionage Act On Freedom Of The Press, Laura Barandes

Cardozo Law Review

No abstract provided.

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Legitimating Penal Law, Markus D. Dubber May 2007

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.

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The Case For A Flat-Earth Law School, Erik M. Jensen Jan 2007

The Case For A Flat-Earth Law School, Erik M. Jensen

Cardozo Journal of International and Comparative Law

The essay argues against the increasing emphasis on globalization in legal education, advocating for a return to a focus on American law. It critiques the trend of prioritizing international, transnational, and comparative law, asserting that this shift undermines the foundational knowledge of domestic law necessary for effective legal practice. The author contends that while international law has its place, it should not overshadow the core principles of American law, which remain central to the majority of legal careers.

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Judicial Selection As It Relates To Gender Equality On The Bench, Adam Goldstein Jan 2007

Judicial Selection As It Relates To Gender Equality On The Bench, Adam Goldstein

Cardozo Journal of Equal Rights & Social Justice

The note examines the relationship between judicial selection methods and gender equality on the bench, arguing that merit selection does not necessarily lead to greater gender diversity compared to other methods like appointments or elections. Despite claims that merit-based systems promote diversity, empirical evidence suggests that elected judges may achieve comparable or greater gender representation.

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A Feminist Human Rights Law Approach For Engendering The Millennium Development Goals, Christina T. Holder Jan 2007

A Feminist Human Rights Law Approach For Engendering The Millennium Development Goals, Christina T. Holder

Cardozo Journal of Equal Rights & Social Justice

The note critiques the Millennium Development Goals (MDGs) for adopting a technocratic, economic-focused approach to poverty reduction, which neglects the equitable distribution of development benefits and the structural causes of poverty. It advocates for a feminist human rights law approach that integrates Third World Feminism and human rights frameworks to create a more inclusive and rights-based strategy for achieving the MDGs, particularly in empowering women and addressing gender inequalities.

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Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara Jan 2007

Decentralizing The Fight Against Human Trafficking In The United States: The Need For Greater Involvement In Fighting Human Trafficking By State Agencies And Local Non-Governmental Organizations, Shashi Irani Kara

Cardozo Journal of Equal Rights & Social Justice

The note argues that while the federal government has made significant strides in combating human trafficking through legislation like the Trafficking Victims Protection Act (TVPA), these efforts are insufficient due to the decentralized nature of the crime. It emphasizes the necessity for greater involvement from state agencies and local non-governmental organizations (NGOs) to effectively address the diverse and localized manifestations of trafficking.

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Coming Into Compliance With Trips: A Discussion Of India's New Patent Laws, Jeffrey Colin Jan 2007

Coming Into Compliance With Trips: A Discussion Of India's New Patent Laws, Jeffrey Colin

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner Jan 2007

The War On Speech In The War On Terror: An Examination Of The Espionage Act Applied To Modern First Amendment Doctrine, Emily Posner

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak Oct 2006

Keynote Address: Secret Evidence In The Age Of National Security, Adam Liptak

Cardozo Public Law, Policy & Ethics Journal

The article explores the tension between national security and the First Amendment, arguing that while the First Amendment remains a robust protection against government censorship, recent trends threaten press freedom, particularly in protecting confidential sources and accessing information. The author, drawing on personal experience as a media lawyer and reporter, emphasizes the importance of procedural safeguards and judicial oversight to prevent government overreach and ensure transparency.

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Panel Report: Investigative Journalism And National Security, Zachary D. Streit Oct 2006

Panel Report: Investigative Journalism And National Security, Zachary D. Streit

Cardozo Public Law, Policy & Ethics Journal

The panel discussion explores the tension between government secrecy and media transparency, focusing on the challenges investigative journalists face in reporting on national security issues. The participants argue that while some secrecy is necessary for national security, excessive classification hampers transparency and accountability. They discuss legal battles, over-classification, and the need for a balance between protecting sensitive information and the public's right to know.

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The "Corruption Of The Times" And The Mutability Of The Shari'a, Marion Holmes Katz Oct 2006

The "Corruption Of The Times" And The Mutability Of The Shari'a, Marion Holmes Katz

Cardozo Law Review

No abstract provided.

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Green Berets, Blue Berets... White Berets?: How & When Republics Participate In Humanitarian Military Intervention, Paul W. Kaufman Apr 2006

Green Berets, Blue Berets... White Berets?: How & When Republics Participate In Humanitarian Military Intervention, Paul W. Kaufman

Cardozo Journal of International and Comparative Law

No abstract provided.

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Human Rights And The Limits Of Law, Amartya Sen Apr 2006

Human Rights And The Limits Of Law, Amartya Sen

Cardozo Law Review

No abstract provided.

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