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Human Rights Law Commons™

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Yeshiva University, Cardozo School of Law

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Articles 421 - 450 of 569

Full-Text Articles in Human Rights Law

Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell Jan 2004

Maybe Not The Best Solution, But A Solution: The German Foundation Agreement, Jolie Bell

Cardozo Journal of Conflict Resolution

This note will question whether the processes devised by the Agreement really favor survivors, helping them to realize some form of compensation for their insurance polices. Despite the efforts of the Agreement to prevent litigation of such insurance claims, there are still cases being filed, and legislation being proposed, to try to facilitate compensatory actions at a faster pace. While the Agreement on its face seems to be a welcome solution to the vast amount of litigation, it may be that the Agreement was a convenient way for Germany to dispose of the hundreds of thousands of life insurance policy …

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Inscribing Lesbian And Gay Identities: How Judicial Imaginations Intertwine With The Best Interests Of Children, Christopher Carnahan Jan 2004

Inscribing Lesbian And Gay Identities: How Judicial Imaginations Intertwine With The Best Interests Of Children, Christopher Carnahan

Cardozo Journal of Equal Rights & Social Justice

The article examines the legal challenges faced by same-sex parents in adoption and child custody cases, highlighting the evolving definition of family and the impact of court rulings on children's best interests. It critiques the use of formal definitions of family and advocates for a functional approach that prioritizes children's welfare, emphasizing the need for legal recognition of diverse family structures.

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Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock Jan 2004

Not If, But When?: Dismantling The Florida Adoption Act Of 2001, Andrew T. Binstock

Cardozo Journal of Equal Rights & Social Justice

The note critiques the notice provision of the Adoption Act of 2001, arguing that it unjustly required single mothers to publish personal details in newspapers, violating privacy rights under the Due Process Clause and the Florida Constitution. The provision was ultimately invalidated by the Fourth District Court of Appeals, reflecting a broader tension between protecting fathers' rights and safeguarding mothers' privacy. The legislature's repeal of the notice requirement and the establishment of a voluntary putative father registry marked a shift toward balancing these interests while respecting reproductive autonomy.

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Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson Dec 2003

Transitional Justice: The Un And The Sierra Leone Special Court, Richard S. Williamson

Cardozo Public Law, Policy & Ethics Journal

The article explores the role of transitional justice in post-conflict societies, with a focus on the United Nations' efforts to address war crimes and promote reconciliation. It highlights the establishment of the Sierra Leone Special Court and the Truth and Reconciliation Commission as key mechanisms for accountability and healing. The article argues that transitional justice is essential for national reconciliation, democracy, and long-term peace, emphasizing the importance of balancing justice with the need to avoid destabilizing fragile post-conflict societies.

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Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman Dec 2003

Limiting Rights In Times Of Crisis: Our Civil War Experience-A History Lesson For A Post-9-11 America, Paul Finkelman

Cardozo Public Law, Policy & Ethics Journal

The article examines the tension between national security and civil liberties during crises, using historical examples such as the Civil War and post-9/11 America to argue that while some restrictions on liberties may be necessary, they must be carefully limited to prevent abuse of power and erosion of constitutional rights. The analysis emphasizes the importance of judicial and legislative oversight to ensure that emergency measures do not undermine fundamental freedoms.

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Scaling Back Constitutional Aspirations, Paula L. Miller Dec 2003

Scaling Back Constitutional Aspirations, Paula L. Miller

Cardozo Law Review

No abstract provided.

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The Jurisprudence Of Information Flow: How The Constitution Constructs The Pathways Of Information, Marci A. Hamilton, Clemens G. Kohnen Nov 2003

The Jurisprudence Of Information Flow: How The Constitution Constructs The Pathways Of Information, Marci A. Hamilton, Clemens G. Kohnen

Cardozo Law Review

No abstract provided.

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Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams May 2003

Punishing The Faithful: Freud, Religion, And The Law, Davida A. Williams

Cardozo Law Review

No abstract provided.

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Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff May 2003

Children As Chattel: Invoking The Thirteenth Amendment To Reform Child Welfare, Kurt Mundorff

Cardozo Public Law, Policy & Ethics Journal

The note argues that the child welfare system perpetuates systemic oppression and commodification of children, particularly targeting African American and poor families, mirroring the exploitation of slavery. The author contends that the Thirteenth Amendment, which prohibits slavery and involuntary servitude, should be invoked to reform this system. The current system prioritizes intervention and removal over support, leading to harm and perpetuating racial and economic disparities. The author advocates for a balanced approach that protects children while addressing the systemic exploitation and racial control embedded in the foster care system.

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Chasing A Dream: The Tourist Visa In Peru, Juan Andres Fuentes May 2003

Chasing A Dream: The Tourist Visa In Peru, Juan Andres Fuentes

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko Apr 2003

Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko

Cardozo Journal of International and Comparative Law

The article argues that post-conflict African nations, particularly Nigeria, face a critical challenge in balancing justice for past regime transgressions with the need to maintain social stability and consolidate democracy. It contends that criminal prosecutions, while symbolically important, may disrupt social equilibrium and fail to address systemic issues stemming from authoritarian rule. Instead, the article advocates for a pragmatic approach, emphasizing the establishment of a Truth Commission as a middle ground between retribution and amnesty to facilitate reconciliation and advance democratic consolidation.

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Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux Apr 2003

Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux

Cardozo Law Review

No abstract provided.

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Beyond Tolerance, Milner S. Ball Apr 2003

Beyond Tolerance, Milner S. Ball

Cardozo Law Review

No abstract provided.

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Into The Fire: How To Avoid Getting Burned By The Same Mistakes Made Fighting Terrorism In Northern Ireland, Michael P. O'Connor, Celia M. Rumann Apr 2003

Into The Fire: How To Avoid Getting Burned By The Same Mistakes Made Fighting Terrorism In Northern Ireland, Michael P. O'Connor, Celia M. Rumann

Cardozo Law Review

No abstract provided.

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Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan Jan 2003

Invisible Targets: Juvenile Prostitution, Crackdown Legislation, And The Example Of California, Pantea Javidan

Cardozo Journal of Equal Rights & Social Justice

The article examines the contradiction in California's legal framework where minors are criminalized for prostitution under California Penal Code section 647(b), despite being legally incapable of consenting to sex. It argues that such laws fail to protect child prostitutes, who are often victims of exploitation, and instead perpetuate their harm by punishing them rather than addressing the root causes of their situation.

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Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz Jan 2003

Nearest To Legitimacy: Justice White And Strict Rational Basis Scrutiny, Michael Herz

Articles

No abstract provided.

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Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein May 2002

Reply To Martha Nussbaum And Ian Hacking, Edward D. Stein

Articles

The essays by Martha Nussbaum and Ian Hacking both raise important issues about the some of the central themes of The Mismeasure of Desire and it is a pleasure and an honor to have such careful, significant and interdisciplinary thinkers engage my ideas. In this brief reply, I address some of their challenges.

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Some Things Cannot Be Legislated, Robert M. Sherwood Apr 2002

Some Things Cannot Be Legislated, Robert M. Sherwood

Cardozo Journal of International and Comparative Law

The article argues that international intellectual property (IP) laws have limited effectiveness in developing countries without local support and robust institutional frameworks. It emphasizes that developing nations must recognize the role of IP in fostering economic growth and that judicial systems are critical in enforcing IP rights effectively.

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Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg Jan 2002

Not As Simple As Learning The Abc's: A Comment On Owasso Independent School District No. I-Ol1 V. Falvo And The State Of The Family Educational Rights And Privacy Act, Randi M. Rothberg

Cardozo Journal of Equal Rights & Social Justice

The article examines the Supreme Court's rulings in Falvo and Owasso, which determined that peer grading practices do not violate FERPA as the records involved are not classified as education records. This highlights significant implications for student privacy rights and underscores the need for clarifying FERPA's definitions to prevent future legal disputes.

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Two Critiques Of Multiculturalism, Ayelet Shachar Nov 2001

Two Critiques Of Multiculturalism, Ayelet Shachar

Cardozo Law Review

No abstract provided.

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Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson Nov 2001

Application Of The Rational Basis Test To Treaty-Implementing Legislation: The Need For A More Stringent Standard Of Review, Virginia H. Johnson

Cardozo Law Review

No abstract provided.

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"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman Apr 2001

"When We Sit To Judge We Are Being Judged" The Israeli Gss Case, Ex Parte Pinochet And Domestic/ Global Deliberation, Amnon Reichman

Cardozo Journal of International and Comparative Law

Through analysis of two recent cases, one Israeli and one British, this article advances a deliberative paradigm with which to understand emerging global, meta-constitutional norms, such as the prohibition against torture, enforced through transnational adjudication. More specifically, this article suggests that deliberation between the three branches of government, central to the concept of constitutional democracy, is not confined to the boundaries of the nation-state; rather, the development of jus cogens norms coupled with universal jurisdiction in domestic courts ensures that such deliberation crosses national jurisdictions. This development allows, for example, for domestic courts to review, and be reviewed by, foreign …

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Chinese Population Transfer In Tibet, John S. Hall Apr 2001

Chinese Population Transfer In Tibet, John S. Hall

Cardozo Journal of International and Comparative Law

The note examines the impact of China's population transfer policies in Tibet since the 1950 invasion, arguing that these policies have led to the marginalization of Tibetans, significant environmental degradation, and human rights abuses. It explores various legal and diplomatic strategies to address these issues, including the Dalai Lama's Five Point Plan, human rights law, environmental law, and international negotiations.

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Left Over Rights, Daria Roithmayr Mar 2001

Left Over Rights, Daria Roithmayr

Cardozo Law Review

No abstract provided.

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A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety Mar 2001

A Critique Of Adjudication: Fin De Siècle: Confession Without Avoidance, Tamara R. Piety

Cardozo Law Review

No abstract provided.

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A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka Jan 2001

A New Strategy For Human Rights Protection: Learning From Narcotics Trafficking In Mexico, Jeremiah E. Goulka

Cardozo Journal of International and Comparative Law

The article explores the challenges in human rights protection by examining Mexico's struggle with narcotics trafficking. It highlights how corruption and ineffective law enforcement lead to both underpolicing and overpolicing, undermining the Rule of Law and human rights. The author advocates for a two-tiered strategy to develop the Rule of Law internationally and locally to address these issues effectively.

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The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel Jan 2001

The Doctrine Of Non-Inquiry And The Preservation Of Human Rights:-Is There Room For Reconciliation?, Michael S. Topiel

Cardozo Journal of International and Comparative Law

The note explores the tension between individual human rights under international law and state interests in combating cross-border crime, focusing on the doctrine of noninquiry in extradition cases. It argues that while the Convention Against Torture imposes obligations to prevent extradition to situations of torture, the doctrine of noninquiry—where courts avoid scrutinizing the requesting state’s justice system—remains crucial for maintaining separation of powers and diplomatic relations. The analysis highlights the balancing act between protecting human rights and ensuring international cooperation in law enforcement.

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Invading The "Homes" Of The Homeless: Is Existing Right-Of-Privacy/Publicity Legislation Adequate?, Laurel Kallen Jan 2001

Invading The "Homes" Of The Homeless: Is Existing Right-Of-Privacy/Publicity Legislation Adequate?, Laurel Kallen

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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Unruly Rights, Linda Ross Meyer Nov 2000

Unruly Rights, Linda Ross Meyer

Cardozo Law Review

No abstract provided.

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Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish Nov 2000

Redefining The Refugee: The Universal Declaration Of Human Rights As A Basis For Refugee Protection, Michael J. Parrish

Cardozo Law Review

No abstract provided.

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