Human Rights Law Commons^™

Review Of The Inter-American Human Rights Digest , Juan M. Amaya-Castro

Human Rights Brief

No abstract provided.

India's Failure To Adequately Protect Refugees , H. Knox Thames

Human Rights Brief

No abstract provided.

Legislative Focus: Attempts To Close The United States Army School Of The Americas , Barbara Cochrane Alexander

Human Rights Brief

No abstract provided.

Legislative Watch, Human Rights Brief

Human Rights Brief

No abstract provided.

The Rule Of Law In Jeopardy In Uzbekistan , Heather Fox

Human Rights Brief

No abstract provided.

Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming

Maryland Journal of International Law

No abstract provided.

Critical Race Theory As International Human Rights Law, Natsu Taylor Saito

Faculty Publications By Year

No abstract provided.

The World’S Youngest Political Prisoner, Richard Klein

Scholarly Works

Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

Strengthening Human Rights Protection: Why The Holocaust Slave Labor Claims Should Be Litigated, Justin H. Roy

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Osce National Minority Rights In The United States: The Limits Of Conflict Prevention, 23 Suffolk Transnat'l L. Rev. 1 (1999), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Population. Environment. And Development: The Changing Paradigm Of The 1990s, Sharmini Abbasi

LLM Theses and Essays

Among the vast web of challenges before us in the wake of the new millennium population growth is one of the most worrying aspects of human existence. The consequences of the world's rapid population growth on human well-being and on the environment have been the subject of intense controversy for many years and got even more accentuated as the 1990s progress. However, the framework of international environmental law and agreement has for long failed to consider adequately the clear linkages between rapid population growth and environmental degradation. Thus, the study attempts to discuss and analyze competing for international perspectives, theories, …

Freedom Of Religion In Public Schools In Germany And In The United States, Inke Muehlhoff

LLM Theses and Essays

Unfortunately, in terms of religions, the strict neutrality is almost impossible to reach and most countries that have adopted such a principle still face religious conflicts. However, these conflicts have shifted from armed conflicts to legal conflicts and battles of words, which offer at least a more peaceful way to fight. One major battleground for these religious conflicts concerns the role of religion in the public school system. That battleground is the subject of this thesis. The discussion of how religion should be treated in the public school system will be based on a comparison between Germany and the United …

Human Rights And Non-State Actors, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Journal Of Pedagogy, Pluralism And Practice, Volume 1 (4), Fall 1999 (Full Issue), Journal Staff

Journal of Pedagogy, Pluralism, and Practice

The theme of this issue is deconstructing the concept of human rights, legal elements of bilingual education, and the relationship between language development and education

Democracy And Inclusion: The Role Of The Judge In A Pluralist Polity, Sylvia R. Lazos

Scholarly Works

The Supreme Court plays a critical role in resolving clashes between majority and minority interests and perspectives. The Equal Protection Clause, and at times the Due Process Clause, have become key vehicles for considering the most problematic intergroup conflicts that divide our society. Prior to this article, the Court heard cases dealing with affirmative action in government procurement programs, legislative districts designed to increase minority representation, state sponsored male-only military schooling, and a state constitutional amendment that would have proscribed antidiscrimination legislation protecting gay men and lesbians. While the Court declined to challenge California's anti-affirmative action referendum (Proposition 209) and …

Social Rights: Towards A Principled, Pragmatic Judicial Role, Craig M. Scott

Articles & Book Chapters

No abstract provided.

Internal Displacement: Is Prevention Through Accountability Possible? A Kosovo Case Study, Carlyn M. Carey

American University Law Review

No abstract provided.

In The Path Of Our Ancestors: The Aboriginal Right To Cross The Canada-United States Border, Pamela Doris Palmater

LLM Theses

In this thesis, I will argue that the Aboriginal peoples whose traditional territories straddle the Canada - United States border have the right to pass and repass the border freely. With this right comes the ability to live and/or work in either country without having to apply for permission each time with Immigration officials. I have suggested that instead of litigating these rights, the governments of both Canada and the United States should commence tri-partite discussions on how best to accommodate these rights, both on an interim basis and permanently through legislation. One of the measures that I have suggested …

Mexico: Protecting Informed Consent, Elsa Santos, Silvia Elena Llaguno, Ricardo Vernon

Reproductive Health

The objective of this three-month project in Mexico was to disseminate information among key audiences about: 1) the right of women to choose contraceptive methods in a free and informed manner; and 2) the laws and institutions available to help redress any violations of this right. Four publications on these topics, developed by a previous project funded by Population Council/INOPAL III, were reproduced and distributed to 2,750 people in the following target audiences: women of reproductive age; reproductive health service providers; national and state commissions of human rights, complaints offices in public hospitals, feminist and human rights organizations; and legal …

Apartheid As A Crime Against Humanity: A Submission To The South African Truth And Reconciliation Commission, Ronald C. Slye

Michigan Journal of International Law

The question of whether apartheid is a crime against humanity might seem an odd one for many people living outside South Africa-and indeed for the vast majority of people living inside South Africa. With the recent demise of legalized apartheid in South Africa, one might ask if apartheid's status under international law has any contemporary relevance beyond a small group of legal academics. The status of apartheid under international law-in particular whether apartheid constitutes a crime against humanity-is a question that the South African Truth and Reconciliation Commission ("TRC") was obligated to address in its final report.

Using Immigration Law To Protect Human Rights: A Legislative Proposal, William J. Aceves, Paul L. Hoffman

Michigan Journal of International Law

This Article suggests that the rationale underlying the Nazi persecution and genocide provisions of the Immigration and Nationality Act should be extended to all cases where aliens have participated in gross human rights violations. Quite simply, the logic underlying these provisions applies with equal rigor and intensity to all forms of human rights violations regardless of where or when they took place. Immigration relief is truly a priceless treasure. The United States should not become a haven for those aliens who have violated the most fundamental norms of international human rights law. Accordingly, immigration relief must not be provided to …

The Michigan Guidelines On The Internal Protection Alternative

Michigan Journal of International Law

In many jurisdictions around the world, 'internal flight' or 'internal relocation' rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee law and policy, the viability of a universal commitment to protection is challenged by divergence in state practice. These Guidelines seek to define the ways in which international refugee law should inform what the authors believe is more accurately described as the 'internal protection alternative.' It is the product of collective …

Leveling The Playing Field For Religious "Liberty" In Russia:, Afina Lekhel

Vanderbilt Journal of Transnational Law

The purpose of this Note is to present a more comprehensive framework for analyzing the status of religious human rights in Russia after the enactment of the new law. Following the insights of an eminent scholar on law and religion, Prof. Harold J. Berman, the topic may be evaluated with a view to positive law (Zakon), moral theory (Pravo), and Russian historical experiences. Generally, positive law refers to domestic legal norms. Moral theory also stems primarily from domestic supra-legal sources, but it may connote global human rights principles where a state subscribes to monism, as Russia currently does. Historical contingencies …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Public Interest Law Review

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

Suffer The Little Children: Justifying Same-Sex Marriage From The Perspective Of A Child Of The Union, Lewis A. Silverman

Scholarly Works

No abstract provided.

Medical Ethics And Human Rights: Legacies Of Nuremberg, George J. Annas, Michael A. Grodin

Faculty Scholarship

Many of our most important human rights documents are the product of the world's horror during the carnage of World War II. The broadest and most powerful declaration of human rights, the Universal Declaration of Human Rights, was adopted by the membership of the new United Nations in 1948. But there are also much more specific statements of the world's aspirations for all of its inhabitants. August 1997 marked the 50th anniversary of the conclusion of the trial of Nazi physicians at Nuremberg, a trial which has been variously designated as the "Doctors' Trial" and the "Medical Case."² In …

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Journal of Law and the Public Interest

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

Women In The New Millennium: The Promises Of The Past Are Now The Problems For The Millennium, Lundy Langston

Journal Publications

In this Article, I will explore the roles of women and the expectations that society maintains for them in the past and the expectations for the present and future. As we enter the millennium, the courts appear to administer the law in the same way as laws were administered prior to the women's rights movement. Judges appear to implement notions of equal rights while society attaches the notions of the "difference group" without any special treatment for the dual roles. Something interesting appears to be happening to the dual roles of women. There is one standard stating that women must …

Dignity And Discrimination: Toward A Pluralistic Understanding Of Workplace Harassment, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Part I of this article briefly examines some of the drawbacks and inconsistencies of Title VII sexual harassment jurisprudence and shows that Title VII does not provide an adequate framework for understanding many common forms of workplace harassment. Title VII is unquestionably a critical means of fighting against workplace discrimination; however, by emphasizing discrimination at the expense of dignity, the Title VII workplace harassment paradigm provides an incomplete understanding of the wrongs of workplace harassment.

Part II of this article asserts the importance of an approach to sexual harassment that distinguishes between the nature of the harm of workplace sexual …