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Articles 61 - 90 of 195
Full-Text Articles in Human Rights Law
The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan
The Dark Ages Of Islam: Ijtihad, Apostasy, And Human Rights In Contemporary Islamic Jurisprudence, David A. Jordan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
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
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
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.
Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux
Contingent Universals: Religious Fundamentalism, Academic Postmodernism, And Public Intellectuals In The Aftermath Of September 11, Steven Mailloux
Cardozo Law Review
No abstract provided.
Beyond Tolerance, Milner S. Ball
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
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.
United Nations Tribunals And Complicity In Human Rights Violations: The Assassination Of Zoran Djindjic, Ibpp Editor
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …
"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
"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.
Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii
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
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
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Protection Of Human Rights In The New Age Of Terror, Dalia Dorner
The Protection Of Human Rights In The New Age Of Terror, Dalia Dorner
Human Rights Brief
No abstract provided.
Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans
Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans
Human Rights Brief
No abstract provided.
Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma
Point/Counterpoint: Treaty For The Rights Of Women Deserves Full U.S. Support, Nora O’Connell, Ritu Sharma
Human Rights Brief
No abstract provided.
News From The Regional Human Rights Systems, David Baluarte, Jamal Jafari
News From The Regional Human Rights Systems, David Baluarte, Jamal Jafari
Human Rights Brief
No abstract provided.
Burdened By Proof: How The Australian Refugee Review Tribunal Has Failed Lesbian And Gay Asylum Seekers, Catherine Dauvergne, Jenni Millbank
Burdened By Proof: How The Australian Refugee Review Tribunal Has Failed Lesbian And Gay Asylum Seekers, Catherine Dauvergne, Jenni Millbank
All Faculty Publications
Our argument in this paper is that the evidentiary practices and procedures that have been developed by the Australian Refugee Review Tribunal are operating at a routinely low standard. Such practices contribute to decisions that are manifestly unfair and potentially wrong in law. Our conclusions are drawn from our detailed study of more than 300 refugee tribunal decisions made in Canada and Australia in response to asylum claims brought by lesbians and gay men.