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Human Rights Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 391 - 420 of 569

Full-Text Articles in Human Rights Law

Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold Mar 2006

Essay For The In-Print Symposium On The Myth Of Moral Justice, Stuart A. Scheingold

Cardozo Public Law, Policy & Ethics Journal

Stuart Scheingold responds to Thane Rosenbaum's The Myth of Moral Justice, agreeing with the aspiration to infuse law with moral imagination but critiquing Rosenbaum's oversight of existing moral energy within the legal profession, particularly through cause lawyering. Scheingold argues that Rosenbaum's approach is overly simplistic, failing to account for institutional obstacles and the contested nature of moral discourse, which can lead to conflict rather than harmony. He emphasizes that while moral advocacy, as seen in cause lawyering, can drive positive change, it also faces significant challenges and backlash.

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Must We Trade Rights For Security? The Choice Between Smart, Harsh, Or Proportionate Security Strategies In Canada And Britain, Kent Roach Mar 2006

Must We Trade Rights For Security? The Choice Between Smart, Harsh, Or Proportionate Security Strategies In Canada And Britain, Kent Roach

Cardozo Law Review

No abstract provided.

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Introduction To In-Print Symposium, Thane Rosenbaum Mar 2006

Introduction To In-Print Symposium, Thane Rosenbaum

Cardozo Public Law, Policy & Ethics Journal

The legal system prioritizes procedural rules and adversarial practices over moral values and human emotions, leading to a disconnect between legal outcomes and moral justice. The author argues that this reflects a broader societal issue where morality is compartmentalized into private life, neglecting its role in professional and public spheres. He advocates for integrating moral principles into all aspects of life to address this disconnect.

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Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver Feb 2006

Bringing Human Rights Abusers To Justice In U.S. Courts: Carrying Forward The Legacy Of The Nuremberg Trials, Sandra Coliver

Cardozo Law Review

No abstract provided.

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Genocide, Crimes Against Humanity, And Darfur: The Commission Of Inquiry's Findings On Genocide, William A. Schabas Feb 2006

Genocide, Crimes Against Humanity, And Darfur: The Commission Of Inquiry's Findings On Genocide, William A. Schabas

Cardozo Law Review

No abstract provided.

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Looking At Trafficking Through A New Lens, Nilanjana Ray Jan 2006

Looking At Trafficking Through A New Lens, Nilanjana Ray

Cardozo Journal of Equal Rights & Social Justice

The article critiques existing frameworks for understanding and combating human trafficking, arguing that they are overly narrow and fail to address the root structural causes of trafficking, such as poverty, inequality, and lack of opportunities. It advocates for a more comprehensive approach that considers trafficking as a symptom of broader societal and economic issues, requiring global action to address these underlying conditions.

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The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat Jan 2006

The Dual Model Of Balancing: A Model For The Proper Scope Of Balancing In Constitutional Law, Iddo Porat

Cardozo Law Review

No abstract provided.

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The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun Jan 2006

The Cultural, Political, And Legal Climate Behind The Fight To Stop Trafficking In Women: William J. Clinton's Legacy To Women's Rights, Susan Tiefenbrun

Cardozo Journal of Equal Rights & Social Justice

The article examines the Clinton Administration's significant contributions to advancing women's rights, particularly through landmark legislation such as the Family and Medical Leave Act (FMLA) and the Trafficking Victims Protection Act (TVPA). These efforts, including the appointment of women to high office, reflect a cultural shift toward valuing women's roles and protecting them from exploitation. The TVPA, reauthorized under subsequent administrations, has had a lasting domestic and international impact in combating human trafficking and supporting victims. The article highlights the importance of legislative and judicial approaches in addressing violence against women and promoting gender equality.

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2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi Jan 2006

2005 Cardozo International Advocate For Peace Award: Acceptance Speech, Betty Kaari Murungi

Cardozo Journal of Conflict Resolution

Thank you very much for this truly inspiring award, which I am honored to accept on my own behalf and on behalf of the many women with whom I have been privileged to work over the years. The award is presented against the backdrop of two historic international events: the passing of Rosa Parks and the announcement of the victory of Ellen Johnson-Sirleaf as the first elected female head of state of an African country.

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How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn Jan 2006

How Far Is The 'Door Ajar'? Whether Rape As Torture Is Actionable Under The Alien Tort Statute After Sosa, Zachary S. Kahn

Cardozo Journal of Equal Rights & Social Justice

No abstract provided.

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The Love Of The Letter: Derrida And His Only Lady, Barbara Vinken Nov 2005

The Love Of The Letter: Derrida And His Only Lady, Barbara Vinken

Cardozo Law Review

No abstract provided.

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Derrida And The Singularity Of Literature, Jonathan Culler Nov 2005

Derrida And The Singularity Of Literature, Jonathan Culler

Cardozo Law Review

No abstract provided.

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Understanding The Cost Of The War Against Iraq And How That Realization Can Affect International Law, David Allen Larson Oct 2005

Understanding The Cost Of The War Against Iraq And How That Realization Can Affect International Law, David Allen Larson

Cardozo Journal of International and Comparative Law

The article critiques the U.S. invasion of Iraq, arguing that its legality under international law is highly questionable due to the lack of Security Council authorization and its deviation from the U.N. Charter's provisions on the use of force. It also highlights the staggering financial and human costs of the war, emphasizing that the funds spent on the invasion could have addressed critical domestic and global challenges such as healthcare, education, and poverty. The article advocates for greater U.S. compliance with international law and encourages readers to reconsider the allocation of resources to achieve more equitable and ethical outcomes.

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Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku Apr 2005

Corporate Speech In A Democracy: What Can Nigeria Learn From Abroad?, Ige Omotayo Bolodeoku

Cardozo Journal of International and Comparative Law

The article critiques Nigeria's absolute ban on corporate political activism as unrealistic and counterproductive, advocating for a more nuanced regulatory framework. It proposes allowing corporate political participation with safeguards like disclosure requirements and shareholder involvement, drawing insights from U.S., U.K., and Canadian approaches to balance free expression with corruption prevention.

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The Role Of Courts In Preventing International Child Abduction, Deborah M. Zawadzki Apr 2005

The Role Of Courts In Preventing International Child Abduction, Deborah M. Zawadzki

Cardozo Journal of International and Comparative Law

The note argues that international child abduction is a growing issue exacerbated by globalization, with existing legal frameworks like the Hague Convention and the International Parental Kidnapping Crime Act (IPKCA) proving insufficient to address the problem. It advocates for a more proactive role for U.S. courts in preventing abductions through legislative support and comprehensive preventative measures, emphasizing the need for state-level reforms, such as Texas’s H.B. 1899, to fill gaps in current laws and protect children at risk

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Comparing Human Rights In Two Ethiopian Constitutions: The Emperor's And The "Republic's"-Cucullus Non Facit Monachum, Minasse Haile Apr 2005

Comparing Human Rights In Two Ethiopian Constitutions: The Emperor's And The "Republic's"-Cucullus Non Facit Monachum, Minasse Haile

Cardozo Journal of International and Comparative Law

The article compares Ethiopia's Constitutions from 1931, 1955, and 1995, arguing that the earlier constitutions under Emperor Haile Selassie provided a stronger foundation for human rights and democracy compared to the 1995 Constitution under the TPLF. It suggests that traditional autocracies may evolve into democracies, whereas modern elected autocracies often perpetuate power. The TPLF's Constitution, despite its progressive rhetoric, fails to ensure free elections, enforce human rights, and uphold international law, leading to a totalitarian state with unchecked executive power.

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What Does "Religion" Mean In The Public Square?, Marci A. Hamilton Apr 2005

What Does "Religion" Mean In The Public Square?, Marci A. Hamilton

Articles

No abstract provided.

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The Lengthening Shadow Of Androcentrism, Bryan K. Fair Jan 2005

The Lengthening Shadow Of Androcentrism, Bryan K. Fair

Cardozo Journal of Equal Rights & Social Justice

The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.

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Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird Jan 2005

Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.

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Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson Jan 2005

Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the normalization of non-consensual surgical interventions on children, particularly focusing on male circumcision and intersex surgeries, arguing that these practices are rooted in cultural and gender norms rather than medical necessity. It challenges the legal and ethical frameworks that allow such surgeries, emphasizing the need for informed consent and stricter regulations.

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Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes Jan 2005

Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes

Cardozo Journal of Equal Rights & Social Justice

The article argues that the medicalization of intersex conditions, often justified under an "emergency" rationale, undermines the autonomy and human rights of intersex individuals, particularly children. It critiques the framing of intersex as a medical emergency, which allows clinicians to bypass informed consent and prioritize the interests of families and medical professionals over those of the intersex individual. The article advocates for a shift in approach, emphasizing human rights protections and the need to respect the autonomy of intersex persons.

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Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves Jan 2005

Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves

Cardozo Journal of Equal Rights & Social Justice

Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …

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Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S. Jan 2005

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …

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Human Rights And The Critique Of The Common Law, David Campbell Jan 2005

Human Rights And The Critique Of The Common Law, David Campbell

Cardozo Law Review

No abstract provided.

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Alvarez-Machain Ii: The Supreme Court's Reliance On The Non-Self-Executing Declaration In The Senate Resolution Giving Advice And Consent To The International Covenant On Civil And Political Rights, Malvina Halberstam Jan 2005

Alvarez-Machain Ii: The Supreme Court's Reliance On The Non-Self-Executing Declaration In The Senate Resolution Giving Advice And Consent To The International Covenant On Civil And Political Rights, Malvina Halberstam

Articles

No abstract provided.

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Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann Nov 2004

Why Do Plaintiffs Sue Private Parties Under Section 1983?, Jack M. Beermann

Cardozo Law Review

No abstract provided.

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The Right To A Fair Trial: Balancing Safety And Civil Liberties, Ana D. Bostan Jul 2004

The Right To A Fair Trial: Balancing Safety And Civil Liberties, Ana D. Bostan

Cardozo Journal of International and Comparative Law

The article argues that the right to a fair trial, as enshrined in the International Covenant on Civil and Political Rights (ICCPR), is non-derogable even in emergency situations, and that post-9/11 measures such as the U.S. military commissions and the U.K.'s anti-terrorism laws violate these standards. It contends that the existing ICCPR framework is sufficient to address terrorism while preserving human rights and that derogation from fair trial guarantees undermines the rule of law and international cooperation.

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Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis Jul 2004

Foreign Policy And Separation Of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension In Times Of Lapse As A Political Question, Themes Karalis

Cardozo Journal of International and Comparative Law

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

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1789 Renewed? Prospects Of The Protection Of Human Rights In Europe, Matthias Mahlmann Apr 2004

1789 Renewed? Prospects Of The Protection Of Human Rights In Europe, Matthias Mahlmann

Cardozo Journal of International and Comparative Law

The European Charter of Fundamental Rights, proclaimed in 2000, has sparked significant debate as it aims to enhance human rights protection in Europe while facing criticism for being symbolic and potentially undermining legal culture. The Charter, though not legally binding, was drafted with the intent to become part of the European Constitution, thereby gaining enforceability. It incorporates various rights, including civil liberties, participatory rights, and social rights, balancing traditional legal principles with modern challenges like bioethics and data protection. The European Court of Justice has increasingly applied the Charter in interpreting European law, developing a doctrine of uniform limitations on …

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The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker Apr 2004

The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.

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