Human Rights Law Commons^™

International Human Rights And Domestic Law Focusing On U.S. Law, With Some Reference To Israeli Law, Malvina Halberstam

Cardozo Journal of International and Comparative Law

The article, written by Malvina Halberstam, reflects on the 50th anniversaries of the Universal Declaration of Human Rights (UDHR) and the Israeli Supreme Court. It highlights the significance of the UDHR in establishing individual rights within international law and compares the protection of these rights in U.S. and Israeli domestic laws. While the U.S. Constitution provides robust protection for many UDHR rights, the article critiques the U.S. for its slow ratification of human rights treaties and the practice of adding reservations, particularly the declaration of treaties as non-self-executing. It also addresses concerns about restrictions on freedom of expression in Israel, …

Human Dignity: From Antiquity To Modern Israel's Constitutional Framework, Izhak Englard

Cardozo Law Review

No abstract provided.

Kenneth Starr: Diabolically Evil?, Jeanne L. Schroeder, David G. Carlson

Articles

The article explores the intersection of law, morality, and subjectivity through the lens of Slavoj Žižek's philosophical works, particularly in the context of the impeachment of President Clinton. It argues that the public's negative reaction to the impeachment was rooted in a fear of encountering "diabolical evil," a concept drawn from Kantian philosophy, where law and morality coincide perfectly. This form of evil is more terrifying than ordinary evil because it is committed without pathological motives, purely for the sake of duty.

Comment: Human Rights, Nationalism, And Multiculturalism In Rhetoric, Ethics, And Politics: A Pluralist Critique, Michel Rosenfeld

Cardozo Law Review

No abstract provided.

Comment: Remarks On Michelman And Breyer, Shlomo Avineri

Cardozo Law Review

No abstract provided.

Constitutionalism As A Site Of State Formative Practices, Upendra Baxi

Cardozo Law Review

No abstract provided.

The Bonds Of American Nationhood, Kenneth L. Karst

Cardozo Law Review

No abstract provided.

Comment: Cultural Pluralism, Nationalism, And Universal Rights, Suzanne Last Stone

Cardozo Law Review

No abstract provided.

Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai

Cardozo Law Review

No abstract provided.

Information Intervention: Bosnia, The Dayton Accords, And The Seizure Of Broadcasting Transmitters, Monroe E. Price

Articles

The article examines the international community's use of media intervention in Bosnia following the Dayton Peace Accords, highlighting the establishment of mechanisms to regulate and influence media to prevent ethnic conflict. It explores the legal justifications and challenges surrounding such interventions, emphasizing the role of the Office of the High Representative (OHR) and the OSCE in promoting a pluralistic media environment. The analysis underscores the tension between international intervention and national sovereignty, raising important questions about the legal framework governing such actions.

Violence Against Women In The International Community - Introduction, Maria Lugones

Cardozo Journal of International and Comparative Law

The article argues that violence against women is not a monolithic phenomenon but rather a diverse set of practices deeply embedded in social, political, and cultural contexts. It critiques the tendency to homogenize these practices and emphasizes the need to understand their specific aims, norms, and techniques to develop effective solutions. The analysis highlights how violence against women is constitutive of broader social organizations and structures, requiring a nuanced approach that goes beyond framing it solely as a human rights violation.

The Witch Camps In Northern Ghana, Ernest Teye-Topey

Cardozo Journal of International and Comparative Law

The article examines the systemic human rights violations against elderly women in Northern Ghana, who are accused of witchcraft and subjected to dehumanizing treatment in witch camps. These women face physical abuse, servitude, and social exclusion, perpetuated by cultural beliefs and traditional practices. The article highlights the efforts of human rights organizations and legal bodies to address this issue but emphasizes the need for comprehensive solutions to protect these women and challenge deeply entrenched cultural norms.

Female Genital Mutilation: Marked By Tradition, Isabel Coello

Cardozo Journal of International and Comparative Law

The article examines the pervasive issue of female genital mutilation (FGM), a practice deeply rooted in cultural and religious traditions, which perpetuates gender-based violence and discrimination. It highlights the failure of many governments to effectively implement international human rights treaties to eradicate FGM, despite its severe physical and psychological consequences. The analysis focuses on legal challenges, recent court cases in Spain and France, and the growing recognition of FGM as grounds for political asylum, emphasizing the need for stronger international and domestic policies to protect women's rights.

Combating Domestic Violence Through Positive International Action In The International Community And In The United Kingdom, India, And Africa, Subrata Paul

Cardozo Journal of International and Comparative Law

The article examines the global efforts to combat domestic violence, highlighting the role of international actions and specific initiatives in the United Kingdom, India, and Africa. It emphasizes the importance of legal reforms, awareness campaigns, and the involvement of women's organizations in addressing this issue. The analysis underscores the slow but significant progress made, stressing that societal change is essential for eradicating domestic violence.

The Risks Of Adjudicating Vichy, Richard H. Weisberg

Articles

The article examines the risks and implications of adjudicating Vichy-era officials, focusing on Maurice Papon's trial for crimes against humanity. It highlights how the trial exposed France's complicity in the Holocaust, the role of its legal system in perpetuating anti-Semitic policies, and the challenges of addressing historical injustices decades later.

Women, Violence, And Gang Rape In Indonesia, Rudiah Primariantari

Cardozo Journal of International and Comparative Law

The article argues that the gang rapes of Chinese women during the May 1998 Jakarta riots were not spontaneous acts of violence but rather a deliberate strategy of political control and terror. It critiques the Indonesian government's denial and cover-up of these crimes, as well as its efforts to discredit human rights investigations. The analysis highlights how rape was used as a tool to instill fear and maintain power, while the government prioritized protecting its elite interests over justice and accountability.

Affirmative Action: An International Human Rights Dialogue, Ruth Bader Ginsburg, Deborah Jones Merritt

Cardozo Law Review

No abstract provided.

A New Agenda For International Human Rights: Economic Freedom, John O. Mcginnis

Articles

No abstract provided.

What Is A Human Right? Universals And The Challenge Of Cultural Relativism, Paul Dubinsky, Jeremy Waldron, Tracy Higgins, Michel Rosenfeld, Ruti Teitel

Articles

The article explores the tension between the universality of human rights and the challenges posed by cultural relativism, emphasizing the need to reconcile these perspectives to address human rights violations effectively. While human rights are foundational and inherent to all individuals, their application must navigate cultural, moral, and legal complexities. The discussion highlights the importance of dialogue and adaptability in upholding universal principles while respecting diverse contexts.

Can Human Rights Bridge The Gap Between Universalism And Cultural Relativism? A Pluralist Assessment Based On The Rights Of Minorities, Michel Rosenfeld

Articles

The article argues that the debate between universalism and cultural relativism is mischaracterized and proposes pluralism as a mediating approach. It suggests that pluralism, particularly comprehensive pluralism, can reconcile the tensions between universal human rights and cultural diversity by balancing individual and group rights within a dynamic framework that respects both universal principles and particular contexts.

Uprooting The Arguments Against Same-Sex Marriage, John G. Culhane

Cardozo Law Review

No abstract provided.

Cannibal Democracies, Theocratic Secularism: The Turkish Version, Edip Yuksel

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

The article critically examines Turkey's democratic framework, arguing that its version of democracy diverges significantly from Western models due to its unique interpretation of secularism and the disproportionate influence of the military and political elite. The analysis highlights how the Turkish Constitutional Court's frequent banning of political parties, particularly the Welfare Party in 1998, undermines democratic processes and often leads to authoritarian governance. The article contends that Turkey's Constitution, drafted under military supervision, lacks political legitimacy and contains provisions that restrict individual and group rights, perpetuating a system of oligarchy and …

Commentaries, Paul Magnarella

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Commentaries, William Pfaff

Cardozo Journal of International and Comparative Law

Symposium: Cannibal Democracies: Human Rights and Democracy in Turkey

Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu

Articles

No abstract provided.

Strategy For The State Museum Of Auschwitz-Birkenau, Robert Jan Van Pelt, Donald Mckay, Valerio Rynnimeri, Dereck Revington, Debórah Dwork

Cardozo Law Review

No abstract provided.

The Financial Underside To The Holocaust Litigation, Robert A. Swift

Cardozo Law Review

No abstract provided.

In Pursuit Of The Pursuer: British Silence During And After World War Ii From The Vantage Of Jewish Law, Norman Lamm

Cardozo Law Review

No abstract provided.

Justice, Dignity, And Restitution Of Holocaust Victims' Assets, Alfonse D'Amato

Cardozo Law Review

No abstract provided.

Breaking The Code: Was There A Moral Or Legal Obligation To Warn?, Shear-Yashuv Cohen

Cardozo Law Review

No abstract provided.