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Articles 61 - 90 of 163
Full-Text Articles in Human Rights Law
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Comment: Remarks On Michelman And Breyer, Shlomo Avineri
Cardozo Law Review
No abstract provided.
Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai
Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai
Cardozo Law Review
No abstract provided.
The Bonds Of American Nationhood, Kenneth L. Karst
The Bonds Of American Nationhood, Kenneth L. Karst
Cardozo Law Review
No abstract provided.
Constitutionalism As A Site Of State Formative Practices, Upendra Baxi
Constitutionalism As A Site Of State Formative Practices, Upendra Baxi
Cardozo Law Review
No abstract provided.
Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor
Trends. The Annan Apologia: Still Missing The Point, Ibpp Editor
International Bulletin of Political Psychology
This article discusses Kofi Annan's apology for the United Nations' failure to intervene in the atrocities in Bosnia and Rwanda.
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Orientalism Revisited In Asylum And Refugee Claims, Susan M. Akram
Faculty Scholarship
This article examines the stereotyping of Islam both by advocates and academics in refugee rights advocacy. The article looks at a particular aspect of this stereotyping, which can be seen as ‘neo-Orientalism’ occurring in the asylum and refugee context, particularly affecting women, and the damage that it does to refugee rights both in and outside the Arab and Muslim world. The article points out the dangers of neo-orientalism in framing refugee law issues and asks for a more thoughtful and analytical approach by Western refugee advocates and academics on the panoply of Muslim attitudes and Islamic thought affecting applicants for …
Humanitarian Intervention At A Crossroads, Bartram Brown
Humanitarian Intervention At A Crossroads, Bartram Brown
All Faculty Scholarship
No abstract provided.
Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa
Retrieving The Rejected Stone: Rethinking The Marginalization Of The Economic, Social And Cultural Rights Under The African Charter On Human And Peoples' Rights, Shedrack Chukwuemeka Agbakwa
LLM Theses
The 'African Charter on Human and Peoples Rights' is unique in its conceptualization of rights. Among other things, it provides in a single document a core of both economic, social and cultural rights, as well as civil and political rights. However, the 'Charter's' Preamble clearly demonstrates where the emphasis of the document lies. The 'African Charter' asserts a belief that the satisfaction of economic, social and cultural rights is a guarantee for the enjoyment of civil and political rights. Given the grave economic problems facing Africa, the emphasis on economic, social and cultural rights as a precondition for the enjoyment …
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Restricting The Rights Of Poor Mothers: An International Human Rights Critique Of "Workfare", Shruti Rana
Faculty Scholarship
In every society, the work that women do is undervalued and unrecognized. Political and social tensions behind conceptions of work, motherhood, and equality can ignite movements that threaten the human rights of women. One such movement is underway in the United States where recent “Workfare” provisions specifically target and punish the most vulnerable members of society under the guise of reform and morality. This critique of Workfare aims to demonstrate some of the dynamism and power of a human rights framework, and to lay the groundwork for effective action to improve the plight of the single mothers who rely on …
At The Crossroads Of Environmental And Human Rights Standards: Aguinda V. Texaco, Inc. Using The Alien Tort Claims Act To Hold Multinational Corporate Violators Of International Laws Accountable In U.S. Courts, Lisa Lambert
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
The Problem Of Obtaining Evidence For International Criminal Courts, Jacob Katz Cogan
Faculty Articles and Other Publications
International criminal courts will be judged by their fairness to defendants as well as to victims. In a very practical way, such claims will hinge, inter alia, on the ability of prosecutors and defendants to have reasonable access to probative evidence. But international criminal courts depend on states to provide them with evidence or access to evidence. The obligation of states to cooperate with international criminal tribunals in the production of evidence was at issue in the recent decision of the International Criminal Tribunal for the former Yugoslavia in the Blaki case (1997). That judgment and the provisions of the …
The African Human Rights System: A Critical Evaluation, Makau Wa Mutua
The African Human Rights System: A Critical Evaluation, Makau Wa Mutua
Other Scholarship
No abstract provided.
Email To Kate On Article Changes, Wendy J. Gordon
Email To Kate On Article Changes, Wendy J. Gordon
Scholarship Chronologically
Here are further corrections to my article (Chapter 10).
Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons
Conflicts Of Law And Policy In The Caribbean -- Human Rights And The Enforcement Of The Death Penalty -- Between A Rock And A Hard Place, David A. C. Simmons
Florida State University Journal of Transnational Law & Policy
No abstract provided.
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl
Scholarly Articles
The gap between international humanitarian law and environmental security should trouble international lawyers. Just as armed conflict often creates a context in which the most serious human rights abuses occur, so too, does it create a similar context for the infliction of wanton and extensive destruction to the environment. This destruction creates profound environmental insecurity. Part (II) of this Article explores the insecurities caused by the environmental consequences of armed conflict. Although the international community has shown considerable concern for the humanitarian consequences of war, it has been significantly more hesitant in accounting for war's environmental consequences. It is for …
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Punishment, Postgenocide: From Guilt To Shame To Civis In Rwanda, Mark A. Drumbl
Scholarly Articles
Following the 1994 Rwandan genocide, national and international trials set out to encourage national reconciliation, promote peace, punish perpetrators, foster a culture of human rights, and effect justice. In this Article, Professor Mark Drumbl questions the ability of these trials to achieve these goals and suggests they may in fact aggravate ethnic identity politics, thereby threatening Rwanda's long-term stability. He argues that the highly interdependent yet dualist nature of Rwandan society, together with the widespread level of participation in and victimization by the genocide, create a situation where accountability for the violence and the deterrence of future violence can be …
Democratic Transitions And The Future Of Asylum Law, Peter Margulies
Democratic Transitions And The Future Of Asylum Law, Peter Margulies
Law Faculty Scholarship
The United States's commitment to protecting refugees is dying a slow death. Two developments have contributed to its demise. The first, widely heralded, is the United States Congress's evisceration of procedural safeguards such as judicial review. The second development is more insidious: expansion of the asylum law doctrine, which holds that changed country conditions can defeat an otherwise valid asylum claim. In an age in which democracy seems triumphant throughout the world, the combination of severely curtailed judicial review and mechanical application of the changed conditions doctrine relegates refugees, as well as asylum law itself, to an uncertain future.' This …
Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody
Talisman Energy, Sudan, And Corporate Social Responsibility, Chios Carmody
Law Publications
No abstract provided.
Detention Of Asylum-Seekers In The United States, Barbara Cochrane Alexander
Detention Of Asylum-Seekers In The United States, Barbara Cochrane Alexander
Human Rights Brief
No abstract provided.
Waking "Sleeping Beauty": The Revised European Social Charter, Anne Theodore Briggs
Waking "Sleeping Beauty": The Revised European Social Charter, Anne Theodore Briggs
Human Rights Brief
No abstract provided.
Sierra Leone: Diamonds For Arms, Sheryl Dickey
Sierra Leone: Diamonds For Arms, Sheryl Dickey
Human Rights Brief
No abstract provided.
Efforts And Opportunities To Use International Law To Alleviate Poverty In The United States, Beth Lyon
Efforts And Opportunities To Use International Law To Alleviate Poverty In The United States, Beth Lyon
Human Rights Brief
No abstract provided.
U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari
U.S. Asylum Law Applied To Battered Women Fleeing Islamic Countries, Mahsa Aliaskari
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Rethinking Property Rights As Human Rights: Acquiring Equal Property Rights As Human Rights Acquiring Equal Property Rights For Women Using International Human Rights Treaties, Leslie Kurshan
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Every Man Has A Right To Decide His Own Destiny: The Development Of Native Hawaiian Self-Determination As Compared To Self-Determination Of Native Alaskans And The People Of Puerto Rico, 33 J. Marshall L. Rev. 639 (2000), Michael Carroll
UIC Law Review
No abstract provided.
Prison Conditions In Cuba: An Assessment Of Cuba's Compliance With Basic Human Rights Standards, Natasha Parassram Concepcion
Prison Conditions In Cuba: An Assessment Of Cuba's Compliance With Basic Human Rights Standards, Natasha Parassram Concepcion
Human Rights Brief
No abstract provided.
The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham
The Perpetuation Of Legal Nihilism And The Assertion Of Personal Freedoms In A Post-Soviet World, Shara Abraham
Human Rights Brief
No abstract provided.
Laogai: Reform Through Labor In China, Ramin Pejan
Laogai: Reform Through Labor In China, Ramin Pejan
Human Rights Brief
No abstract provided.
Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd
Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd
Northwestern Journal of International Law & Business
This comment begins by discussing the mail-order bride industry in the context of international human trafficking, focusing on traffic between the United States and the Philippines, and includes an overview of the current regulations that exist regarding this industry. It then gives an overview of the major criticisms of the mail-order bride industry, the international problems created by the practice of trafficking women as brides, and the failure of current regulations in the United States and the Philippines (or the lack thereof) to address these problems. Finally, this comment calls for international regulation that would begin to address these problems, …
Massachusetts, Myanmar, Market Participation, And The Federal Shutdown Of Selective Purchasing Laws: Is The Power To Purchase Really The Power To Regulate , Scott Sommers
Northwestern Journal of International Law & Business
This article does not discuss whether intentionally giving companies an incentive to withdraw from Burma is economically or politically desirable for the people of Burma. The First Circuit did not concern itself with this subject either in rejecting the Massachusetts Burma Law. The question of interest to the court, and which should be of interest to any state citizen or global corporation interested in doing business with state agencies, was whether Massachusetts had the discretion to make a purchasing law directly concerning the business involvement of suppliers in foreign countries. While legitimate legal and practical arguments may be made that …