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Human Rights Law Commons

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2003

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Articles 61 - 90 of 195

Full-Text Articles in Human Rights Law

From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster Apr 2003

From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Unsavory White Omissions? A Review Of Uncivil Wars, David Boyle Apr 2003

Unsavory White Omissions? A Review Of Uncivil Wars, David Boyle

West Virginia Law Review

No abstract provided.


Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko Apr 2003

Confronting Transgressions Of Prior Military Regimes Towards A More Pragmatic Approach, Okechukwu Oko

Cardozo Journal of International and Comparative Law

The article argues that post-conflict African nations, particularly Nigeria, face a critical challenge in balancing justice for past regime transgressions with the need to maintain social stability and consolidate democracy. It contends that criminal prosecutions, while symbolically important, may disrupt social equilibrium and fail to address systemic issues stemming from authoritarian rule. Instead, the article advocates for a pragmatic approach, emphasizing the establishment of a Truth Commission as a middle ground between retribution and amnesty to facilitate reconciliation and advance democratic consolidation.


Beyond Tolerance, Milner S. Ball Apr 2003

Beyond Tolerance, Milner S. Ball

Cardozo Law Review

No abstract provided.


Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux Apr 2003

Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux

Cardozo Law Review

No abstract provided.


Into The Fire: How To Avoid Getting Burned By The Same Mistakes Made Fighting Terrorism In Northern Ireland, Michael P. O'Connor, Celia M. Rumann Apr 2003

Into The Fire: How To Avoid Getting Burned By The Same Mistakes Made Fighting Terrorism In Northern Ireland, Michael P. O'Connor, Celia M. Rumann

Cardozo Law Review

No abstract provided.


Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz Apr 2003

Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz

West Virginia Law Review

No abstract provided.


United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor Mar 2003

United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor

International Bulletin of Political Psychology

This article presents a hypothesis of untoward consequences through the reification of human rights.


Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free Mar 2003

Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free

Washington International Law Journal

In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …


Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free Mar 2003

Awaiting Doe V. Exxon Mobil Corp.: Advocating The Cautious Use Of Executive Opinions In Alien Tort Claims Act Litigation, Brian C. Free

Washington International Law Journal

In June 2001, eleven Indonesian villagers filed suit in a U.S. District Court against Exxon Mobil Corporation for its alleged complicity in human rights abuses in the Indonesian province of Aceh. The plaintiffs asserted jurisdiction and a cause of action pursuant to the Alien Tort Claims Act and the Torture Victim Protection Act, both of which enable foreign nationals to bring international human rights claims in U.S. federal courts. The U.S. Department of State intervened in the suit, expressing its view that federal court adjudication of the plaintiffs' claims could complicate U.S. foreign policy. The State Department opinion raises concern …


Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow Mar 2003

Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow

Michigan Law Review

Two familiar arguments oppose lawsuits and legislative efforts to address racial injustices from our national past, and a third tacit argument can be discerned. "Why open old wounds?": this question animates the first argument. The evidence is stale - this expresses the second argument. The third, less explicit objection reflects worries that exposing some gross and unremedied racial injustices from the past will reveal the scale of imperfections in the systems of justice and government and thereby undermine the legitimacy of those systems. To introduce the meticulous and passionate essays in this Colloquium, I elaborate and respond to each of …


American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez Mar 2003

American Racial Jusice On Trial - Again: African American Reparations, Human Rights, And The War On Terror, Eric K. Yamamoto, Susan K. Serrano, Michelle Natividad Rodriguez

Michigan Law Review

Much has been written recently on African American reparations and reparations movements worldwide, both in the popular press and scholarly publications. Indeed, the expanding volume of writing underscores the impact on the public psyche of movements for reparations for historic injustice. Some of that writing has highlighted the legal obstacles faced by proponents of reparations lawsuits, particularly a judicial system that focuses on individual (and not group-based) claims and tends to squeeze even major social controversies into the narrow litigative paradigm of a two-person auto collision (requiring proof of standing, duty, breach, causation, and direct injury). Other writings detail the …


Foreword: Disability And Identity, Michael Ashley Stein Feb 2003

Foreword: Disability And Identity, Michael Ashley Stein

William & Mary Law Review

No abstract provided.


Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Ibpp Editor Jan 2003

Obedience To Authority As Obedience To Authority: Current Perspectives On The Milgram Paradigm, Ibpp Editor

International Bulletin of Political Psychology

This article considers political implications of the Milgram obedience studies and of how these studies have fared in professional and lay discourse. A point of departure for the article is a volume edited by Thomas Blass on the studies.


Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch Jan 2003

Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.


Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Jan 2003

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.


Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks Jan 2003

Exploring White Resistance To Racial Reconciliation In The United States, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


The Realpolitik Of Empire, Tikkun A. S. Gottschalk Jan 2003

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin Jan 2003

Gacaca Courts: The Hope For Reconciliation In The Aftermath Of The Rwandan Genocide, Maureen Laflin

Articles

No abstract provided.


Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith Jan 2003

Location And Life: How Stenberg V. Carhart Undercut Roe V. Wade, Richard Stith

Law Faculty Publications

No abstract provided.


Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick Jan 2003

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …


Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah Jan 2003

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 …


"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent Jan 2003

"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni Jan 2003

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 Jan 2003

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

College of Law Faculty

No abstract provided.


Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii Jan 2003

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.


Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins Jan 2003

Caging The Bird Does Not Cage The Song: How The International Covenant On Civil And Political Rights Fails To Protect Free Expression Over The Internet, 21 J. Marshall J. Computer & Info. L. 371 (2003), Antoine L. Collins

UIC John Marshall Journal of Information Technology & Privacy Law

This comment addresses the right to free speech on the Internet. The International Covenant on Civil and Political Rights, an instrument designed to protect the rights of individuals to free speech and expression, is analyzed for effectiveness. The author argues that the “ICCPR”, the most recent international human rights agreement, does not adequately protect Internet users, particularly from governments that may choose to violate citizens’ rights by interfering with computerized communications. The analysis of the “ICCPR” illustrates the purpose, capabilities and weaknesses of the agreement, and offers proposed changes to the act, to protect the rights of both the individual …


The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan Jan 2003

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short Jan 2003

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 …


The Protection Of Human Rights In The New Age Of Terror, Dalia Dorner Jan 2003

The Protection Of Human Rights In The New Age Of Terror, Dalia Dorner

Human Rights Brief

No abstract provided.