Human Rights Law Commons^™

In Pursuit Of Justice: Recovering Looted Assets Of European Jewry, Naphtali Lau-Lavie

Cardozo Law Review

No abstract provided.

The Politics Of A Strategy For Auschwitz-Birkenau, Debórah Dwork, Robert Jan Van Pelt

Cardozo Law Review

No abstract provided.

Confiscated Jewish Property In Vichy, France: An Attempt To Understand Through Shakespeare, Richard H. Weisberg

Cardozo Law Review

No abstract provided.

The Alien Tort Claims Act And The Foreign Sovereign Immunities Act: A Policy Solution, Marc Rosen

Cardozo Journal of International and Comparative Law

The note examines the evolution and effectiveness of the Alien Tort Claims Act (ATCA) and related legislation, such as the Antiterrorism and Effective Death Penalty Act (AEDPA), in addressing human rights violations. It argues that while the ATCA has been a groundbreaking tool for litigating human rights abuses, its implementation has been inconsistent and often undermined by subsequent laws like the AEDPA, which fails to adequately account for international law obligations. The analysis highlights the tension between U.S. domestic law and global human rights standards, concluding that the AEDPA is flawed as a human rights enforcement mechanism and proposes a …

Trade Conditionality And The Crane Bill: Rewarding Caribbean Basin Nations For Human Rights Failures, Andrew Bittens

Cardozo Journal of International and Comparative Law

The note critically examines the Caribbean Basin Trade Security Act, or the Crane Bill, highlighting its omission of workers' rights provisions despite the region's history of labor violations. It argues that without enforceable labor standards, the bill may exacerbate poor working conditions. The analysis reviews historical U.S. trade policies like CBERA and GSP, which have failed to improve workers' rights due to vague provisions and weak enforcement. The note proposes integrating a robust workers' rights agreement into the Crane Bill, modeled on international labor standards, to ensure fair trade practices and protect workers.

The Yugoslav Crisis: Challenge For A New Theory Of Federalism, Thomas Fleiner

Cardozo Journal of International and Comparative Law

The article addresses the violent ethnic conflicts in the former Yugoslavia, highlighting the challenges these conflicts pose to traditional notions of state sovereignty and democracy. It argues that the modern state concept, based on majority rule and the social contract, is inadequate for resolving ethnic conflicts. The author proposes rethinking sovereignty and constitutional frameworks to accommodate ethnic diversity, emphasizing shared sovereignty and consensual decision-making to prevent further violence and ensure peaceful coexistence.

The Pentagon Papers - Victory For A Free Press, William R. Glendon

Cardozo Law Review

No abstract provided.

Aspiring To Pluralism: The Constraints Of Public Broadcasting Values On The De-Regulation Of British Media Ownership, Thomas Gibbons

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Transcript Of Question And Answer Session

Cardozo Law Review

No abstract provided.

Moral Dilemmas For The Judiciary At The Millennium: Partial-Birth Abortion And Physician-Assisted Suicide, Laura L. Hirschfeld

Cardozo Law Review

No abstract provided.

A Human Rights Perspective In The Broadcasting Bill Debate, Mark N. Templeton

Cardozo Journal of International and Comparative Law

The article critiques the Broadcasting Bill, 1997, in India for neglecting the fundamental right of citizens to seek, receive, and impart information, as guaranteed by the Indian Constitution, the Indian Supreme Court, and international human rights treaties like the ICCPR. It argues that the Bill’s restrictions on ownership and content regulation may infringe upon freedom of expression and diversity of information. The analysis advocates for a human rights approach to broadcasting legislation, emphasizing the importance of balancing private and public interests while adhering to constitutional and international standards.

Emerging South Africa: Human Rights Responses In The Postapartheid Era, Karen Cavanaugh

Cardozo Journal of International and Comparative Law

The note examines South Africa's transition from apartheid to democracy, focusing on the role of the Truth and Reconciliation Commission (TRC) in addressing past human rights violations. It highlights the challenges of balancing truth, justice, and reconciliation while establishing a human rights culture. The TRC's success is seen as pivotal for national unity and democracy, with international support playing a key role in this process.

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl

Cardozo Journal of Equal Rights & Social Justice

The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Articles

No abstract provided.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim

Cardozo Journal of International and Comparative Law

The note examines the systemic discrimination faced by ethnic Koreans in Japan, rooted in historical, legal, and social structures. It argues that despite constitutional guarantees of equality, the Japanese judiciary and government perpetuate discrimination through restrictive nationality laws, naturalization processes, and the failure to enforce international human rights treaties effectively. The note advocates for legal reforms and international pressure to address these issues and ensure equal rights for ethnic minorities.

¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan

Cardozo Journal of International and Comparative Law

The note argues that Cuban detainees at Guantanamo Bay possess cognizable statutory and constitutional rights under U.S. law, particularly under the First and Fifth Amendments, and that legal organizations have a First Amendment right to access and consult with these detainees. It challenges the government's position that these rights do not apply extraterritorially, asserting that Guantanamo's unique legal status under U.S. jurisdiction necessitates the protection of these rights.

Canada's Charter: Rights Protection In The Cultural Mosaic, Lorraine Weinrib

Cardozo Journal of International and Comparative Law

The Canadian Charter of Rights and Freedoms, enacted in 1982, was a transformative constitutional document designed to deepen Canada's commitment to liberal democracy by recognizing a multi-faceted rightholder embedded in both individual and community identities. It aimed to balance diverse cultural, linguistic, and ethnic interests, particularly addressing Quebec's distinct identity while promoting a unified Canadian identity. However, the Charter's implementation and interpretation have been marked by ongoing political and legal challenges, particularly in Quebec, where it has been both a tool for asserting minority rights and a focal point for separatist movements.

Agape, Civil Society And The Task Of Social Reconstruction, Karol E. Soltan

Cardozo Journal of International and Comparative Law

The article argues that while institutional reforms are crucial for societal transition, the transformation of mentalities is equally important for achieving a truly good society. It emphasizes that mentalities, particularly "agape" (a form of care and love for improvement), play a significant role in fostering a society capable of continuous improvement. The analysis critiques the idea that institutions alone can create a good society and advocates for a balanced approach that includes both institutional and mental development.

The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde

Cardozo Law Review

In his contribution to this symposium, Richard Weisberg tells us a subtle story of what he calls "twin hermeneutics." I will use one of these-"the hermeneutic of acceptance"-to launch my own discussion on the subject of ethical dilemmas. By this term, "the hermeneutic of acceptance," Weisberg means the gradual acceptance by French lawyers of the scheme of racial exclusion newly created by Vichy laws. He traces the digression in legal arguments made by French lawyers during the four years of Vichy rule. French lawyers loaned their prestige to these new laws by means which placed their legal arguments on a …

The Slavery Of Emancipation, Guyora Binder

Cardozo Law Review

The Thirteenth Amendment of the U.S. Constitution commands that "neither slavery nor involuntary servitude shall exist." What has been the effect of this command?

It will serve my present purpose to offer the following toosimple answer to this complex question: the Thirteenth Amendment secured little more than the manumission of slaves already practically freed by the friction of war. It guaranteed, in Confederate General Robert Richardson's now well-known phrase, "nothing but freedom."

Supposing this answer to be true, a further question presents itself: Did the Thirteenth Amendment's effect fulfill its command? Did universal manumission abolish slavery?

A full answer to …

Comment On Donald Nieman's Paper, Randall Kennedy

Cardozo Law Review

I have two responses to Professor Neiman's paper. One emphasizes a point he makes. The other disagrees a bit with his reading of the promise of Reconstruction.

Black Suffrage And The Redefinition Of American Freedom, 1860-1870, Xi Wang

Cardozo Law Review

One of the most important outcomes of the Civil War was the establishment of a new constitutional order. Under this new order, African Americans, a people whose essential human rights had been denied under the old constitutional order, were constitutionally emancipated from slavery and recognized as American citizens. They received the privileges and immunities that white Americans had automatically assumed. Male black Americans also received the right to vote. This new order, as embraced by the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, was a truly remarkable achievement of Reconstruction. What is additionally significant is that these Amendments became …

Comment On Guyora Binder, “The Slavery Of Emancipation”, Michael Les Benedict

Cardozo Law Review

When I first received Professor Binder's highly theoretical, speculative, and thought-provoking paper, I wondered whether I was the right person to comment upon it. Professor Binder has a philosophical turn of mind; he is at home in the world of Hegel. I am disoriented in territory more exotic than that of Locke. In the history department of the Ohio State University, I teach the course that introduces our graduate students to the philosophy of history. However, I have always considered that a cosmic practical jokeon my students more than me-cooked up by the shades of Hegel, Collingwood, and Croce.

Paradigms Of Law, Jürgen Habermas

Cardozo Law Review

Among legal scholars expressions such as "social ideal" or "social model," and even "social vision," have become generally accepted ways of referring to the images of society inscribed in a legal system. Such expressions refer to those implicit images of one's own society that guide the contemporary practices of making and applying law. These images or paradigms provide the background for an interpretation of the system of basic rights. In other words, they orient the project of realizing an association of free and equal citizens. A paradigm is discerned primarily in paramount judicial decisions, and it is usually equated with …