Human Rights Law Commons^™

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

Ballot Boxes Behind Bars: Toward The Repeal Of Prisoner Disenfranchisement Laws, Debra Parkes

All Faculty Publications

This paper takes seriously the objection that allowing prisoners to vote may have an impact on the outcome of elections or on the development of law and policy, given the extraordinarily high incarceration rate currently a reality in the United States. The reality that prisoners may have an impact on the outcome of elections is an argument in favour of allowing them to vote rather than against it. A progressive critique or constitutional challenge of prisoner disenfranchisement should call attention to the instrumental, as well as symbolic and constitutive functions of voting, and must defend the importance of having the …

Watching You, Watching Me, Brenda V. Smith

Project on Addressing Prison Rape - Articles

This article addresses these arguments and ultimately concludes that same-sex supervision should be adopted in U.S. prisons in supervising both male and female prisoners. First, while same-sex supervision may not prevent sexual misconduct, it may reduce it by cutting off a primary vector of sexual misconduct-cross-gender interactions between staff and inmates. Second, same-sex supervision may increase prisoner well-being by giving prisoners a greater sense of control over their bodies, thereby reducing their sense of vulnerability to abuse. Finally, adopting same-sex supervision policies would make the United States' position more congruent with international standards for the treatment of prisoners.

Is There A New World Court?, Douglass Cassel

Journal Articles

I am pleased to introduce our conference on Human Rights and the Law of War: New Roles for the World Court? Why this conference? And why now? Our conference is prompted by two contrasting phenomena: The caseload of the ICJ seems to have been transformed in the post-Cold War period. The World Court is now busier than ever. It has more cases, increasingly involving questions of human rights or ongoing armed conflict. Yet these three inter-related phenomena—increased caseload, and more cases involving human rights or armed conflict—have been little analyzed or studied. Our purpose is to contribute to public and …

Contraception As A Mask Of Personhood, Charles E. Rice

Journal Articles

Sometimes you can learn something by teaching Torts. In my case it happened with the Palsgraf case and John Noonan did it. When we reached Palsgraf, I always discussed with the class Professor Noonan's analysis in Persons and Masks of the Law.

Mrs. Palsgraf lost as a matter of law in the Court of Appeals, and Chief Judge Cardozo wrote the opinion. Professor Noonan thinks she lost because her humanity was covered by the abstract persona, the mask, of an "unforeseeable plaintiff." He did not accuse Cardozo of misapplying the rule of law he used, but of myopia in selecting …

"My Friend Is A Stranger": The Death Penalty And The Global Ius Commune Of Human Rights, Paolo G. Carozza

Journal Articles

This article examines the judicial use of foreign jurisprudence in human rights adjudication, using as data a set of court decisions regarding the death penalty from over a dozen different tribunals in different parts of the world. The global human rights norms and judicial discourse on human rights in these cases can be understood and explained by comparing the contemporary practices to the medieval ius commune. The modern ius commune of human rights has three distinct characteristics which it shares with the historical example to which it is analogized: it is broadly transnational in scope and application; it is grounded …

Protecting Transgender Families: Strategies For Advocates, Taylor Flynn

Faculty Scholarship

For a transgender (trans) man or woman, what begins as the dissolution of a relationship may be transformed into a public nightmare in which the individual is forced to defend the authenticity of his or her gender in the face of relentless, brutal, and humiliating questions about the most intimate details of personal anatomy and sexual practices. This Article discusses this reality in the case of Michael Kantaras, a transsexual man in Clearwater, Florida in 2002.

Proposals To Expel Palestinians From The Occupied Territories As Catalyst For A Civil Adjudication Campaign, Catherine A. Rogers

Faculty Scholarship

I begin in Part II with a brief sketch of the history of stated policies to expel Palestinians from what is now Israel and the Occupied Territories, and then examine recent proposals that have been made and actions that have been taken to implement modern re-articulations of those historic policies. In Part III, I then review the grounds on which international law proscribes mass expulsions of indigenous and occupied peoples. While international law governing this issue is clear in its application and has been overwhelmingly endorsed by the larger international community, international law seems to have little influence on Israel's …

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

International Human Rights Dimensions Of Intimate Violence: Another Strand In The Dialectic Of Feminist Lawmaking, Rhonda Copelon

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Sequelae Of Political Torture: Narratives Of Trauma And Resilience By Iranian Torture Survivors, Nouriman Ghahary

Seton Hall University Dissertations and Theses (ETDs)

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Jonathan I. Charney--Mourning And Celebration, Louis Henkin

Vanderbilt Journal of Transnational Law

Here, today, I wish to speak with you about Jon Charney, his good life, and his remarkable achievements. On this occasion I am pleased to add that I knew Jon Charney "professionally" before he began on the road to eminence. I was "present at the creation," as Jon Charney took his first steps toward becoming a world authority on the international Law of the Sea, and an eminent, prominent, lawyer and scholar in international law generally.

Jonny was still a law student when he spent a summer as my research assistant, when both of us learned that there was an …

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

Articles

No abstract provided.

Subsidiarity As A Structural Principle Of International Human Rights Law, Paolo G. Carozza

Journal Articles

This article argues that the principle of subsidiarity should be recognized as a structural principle of international human rights law primarily because of the way that it mediates between the universalizing aspirations of human rights and the fact of the diversity of human communities in the world. The idea of subsidiarity is deeply consonant with the substantive vision of human dignity and the universal common good that is expressed through human rights norms. Yet, at the same time it promotes respect for pluralism by emphasizing the freedom of more local communities to realize their own ends for themselves.

Looking at …

Questioning The Universality Of Human Rights, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Universal Human Rights? edited by Robert G. Patman. New York: St. Martin’s Press, 2000. 244pp.

and

Dealing with Human Rights: Asian and Western Views on the Value of Human Rights edited by Martha Meijer. Bloomfield, CT: Kumarian Press, 2001. 183pp.

and

The Philosophy of Human Rights by Patrick Hayden. St. Paul: Paragon House, 2001. 686pp.

Politics, Pragmatism, And Human Rights, Todd Landman

Human Rights & Human Welfare

A review of:

Human Rights Horizons: The Pursuit of Justice in a Globalizing World by Richard A. Falk. New York: Routledge, 2000. 288pp.

and

Human Rights as Politics and Idolatry by Michael Ignatieff (edited by Amy Guttman). Princeton: Princeton University Press, 2001. 187pp.

Beyond The Black Heart: The United States And Human Rights, Daniel J. Whelan

Human Rights & Human Welfare

A review of:

The United States and Human Rights: Looking Inward and Outward edited by David P. Forsythe. Lincoln: University of Nebraska Press, 2000. 404pp.

In Our Own Best Interest: How Defending Human Rights Benefits Us All by William F. Shultz. Boston: Beacon Press, 2001. 235pp.

In the National Interest, 2001: Human Rights Policies for the Bush Administration by the Lawyers Committee for Human Rights. New York: Lawyers Committee for Human Rights, 2001. 157pp.

Affirming Universal Human Rights, Richard Falk

Human Rights & Human Welfare

A review of:

Universal Human Rights in Theory and Practice (Second Edition) by Jack Donnelly. Ithaca, NY: Cornell University Press, 2003. 290 pp.

Practicing Universality: The Inter-Disciplinary Imperatives Of Human Rights, Andrew Fagan

Human Rights & Human Welfare

A review of:

Human Rights: Universality in Practice by Peter R. Baehr. Hampshire, UK: Palgrave, 2001. 178pp.

Waging War For Human Rights: Toward A Moral-Legal Theory Of Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

A review of:

Hard Choices: Moral Dilemmas in Humanitarian Intervention edited by Jonathan Moore. New York: Rowman & Littlefield, 1999. 322pp.

Humanitarian Intervention: Ethical, Legal, and Political Dilemmas edited by J. L. Holzgrefe and Robert O. Keohane. New York: Cambridge University Press, 2003. 350pp.

Accountability In The Aftermath Of Rwanda's Genocide, Jason Strain, Elizabeth Keyes

All Faculty Scholarship

Over the span of 100 days in 1994, almost one million Rwandans died in a genocide that left Rwandan society traumatized and its institutions in disarray. The genocide implicated not only the actual instigators and killers, who came from all levels of Rwandan society, but also the culture of impunity that had thrived in Rwanda for decades. This culture of impunity and inaction in the face of atrocities eerily mirrored the international community's failure to intervene to prevent or respond to the genocide. The genocide provoked a process of reflection within Rwanda and the broader international community about how the …

A Signaling Theory Of Human Rights Compliance, David H. Moore

Faculty Scholarship

No abstract provided.

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Faculty Publications

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

Freedom And Religious Tolerance In Europe, Peter Juviler

Michigan Journal of International Law

Review of Protecting the Human Rights of Religious Minorities in Eastern Europe (Peter Danchin & Elizabeth Cole eds.)

How We Should Think About The Constitutional Status Of The Suspected Terrorist Detainees At Guantanamo Bay, Akash R. Desai

Vanderbilt Journal of Transnational Law

In the aftermath of the September 11th attacks, the United States has held suspected terrorist detainees captured during the military campaign in Afghanistan indefinitely at the United States military facility at Guantanamo Bay, Cuba. Among those currently detained are members of the al-Qaeda terrorist group and the Taliban. Currently the detainees are in the peculiar situation of generally being outside the scope of protections offered by both the international humanitarian law and the Unites States criminal law regimes.

This Note examines the extraterritorial scope of the United States Constitution as it applies to the suspected terrorist detainees at Guantanamo Bay. …

Novartis And The U.N. Global Compact Initiative, Lee A. Tavis

Vanderbilt Journal of Transnational Law

The U.N. Global Compact initiative evolved from a challenge posed by Secretary-General Kofi Annan to the business community at the World Economic Forum in Davos in January 1999. "I call on you--individually through your firms, and collectively through your business associations--to embrace, support, and enact a set of core values in the areas of human rights, labor standards and environmental practices." His vision is "to give a human face to the global market." Over a year of intense interaction among business chief executive officers and associations, non-governmental organizations, labor unions, and four U.N. agencies led to the formulation of nine …

American Judges And International Law, A. M. Weisburd

Vanderbilt Journal of Transnational Law

This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …

The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero

Faculty Scholarship

Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.