Human Rights Law Commons^™

Given By Senator Orrin G. Hatch Before The Tenth Annual International Law And Religion Symposium, Orrin G. Hatch

BYU Law Review

No abstract provided.

Individual Religious Freedom And National Security In Europe After September 11, Silvio Ferrari

BYU Law Review

No abstract provided.

Religious Freedom And Laicite: A Comparison Of The United States And France, T.Jeremy Gunn

BYU Law Review

No abstract provided.

Rights At United States Borders, Jon Adams

ExpressO

This article explores protections available under the Fourth and Fifth Amendments to the United States Constitution. Contrary to opinions in popular culture, and perhaps even among Customs officials, powers to search, seize, and interrogate at United States border crossings are not unlimited. In the current world climate of security and threat, a discussion regarding the level of intrusiveness available to a zealous Customs agent appears particularly relevant. The article addresses the requirements for search, seizure, and interrogation, as well as the lawful conditions and limits upon each activity.

Rumsfeld V. Padilla: Brief Amicus Curiae Of Comparative Law Scholars And Experts On The Laws Of The United Kingdom And Israel In Support Of Respondent, Samuel R. Gross, J. Christopher Mccrudden

Appellate Briefs

Amici are comparative law scholars and experts on the laws of the United Kingdom of Great Britain and Northern Ireland and the State of Israel.

Both terrorism and democratic values transcend borders. Democratic allies of the United States also face threats of terrorism. Some, notably the United Kingdom and Israel, have long histories of fighting terrorism. This brief documents how dramatically the indefinite, incommunicado detention to which Petitioner has subjected Jose Padilla departs from the minimum procedural protections that other democracies provide detained suspected terrorists. Each of these democratic allies uses four controls to constrain executive authority to detain suspected …

International Child Abductions: The Challenges Facing America , Charles F. Hall

ExpressO

International child abductors often escape domestic law enforcement and disappear without consequence or resolution. International child abductions occur too frequently; in the United States alone, the number of children abducted abroad every year has risen to over 1,000. Currently, 11,000 American children live abroad with their abductors. These abductions occur despite international treaties and the Congressional resolutions that have significantly stiffened the penalties for those caught. Effectively combating international child abductions requires drafting resolutions that are acceptable across the diverse societies and cultures of the international community. Without such resolutions to fill the gaps of current treaties this problem will …

Rumsfeld V. Padilla: Brief For Amici Curiae Law Professors In Support Of Respondent, Reuven S. Avi-Yonah

Appellate Briefs

Amici Curiae are law professors who are concerned about the human rights questions involved in this matter. Amici support affirmance and write to situate the issues in this case within the broader context of international human rights law. Amici believe that this Court's analysis of the decision rendered by the Second Circuit should take into account the serious rights questions raised by the assertion of executive authority to designate, detain, and isolate people deemed "enemy combatants" or any equivalent category. These concerns weigh strongly against endorsement of such broad, unilateral executive power and in favor of a strict construction of …

Reverse Moderate Relativism Applied: Third Generation International Human Rights From An Islamic Perspective, Jason G. Morgan-Foster

ExpressO

This article develops my reverse moderate relativist theory on the universality of human rights, which I proposed in an article forthcoming in the ILSA J. Intl. & Comp. L. In this prior work, I argued that the debate over the universality of international human rights norms is too constrained, and that the three most popular theories in the universality debate – universalism, strict cultural relativism, and moderate cultural relativism – are each conceptually flawed. Universalism is untenable, because it eliminates the tensions between various cultures simply by ignoring them. Strict cultural relativism is unsatisfactory, because it discredits the whole field …

Iran: Civil Society Versus Judiciary, A Struggle For Human Rights, Anisseh Van Engeland-Nourai

Cornell Law School Inter-University Graduate Student Conference Papers

Iran faces many different challenges, both international and internal when it comes to human rights. Since the beginning of the improvements in 1997, the civil society voices its will for changes. It has grown stronger and today the Iranian civil society attempts to reform the country’s rough human rights. Their efforts are grounded in social actions. Reforms are consequently no longer coming from the top to the bottom but from the bottom to the top. Conservatives disagree with those threatening changes and respond through a variety of forms. One of the methods used are legal means. The Iranian judiciary represses …

Human Rights Treaty Drafting Through The Lens Of Mental Disability: The Proposed International Convention On Protection And Promotion Of The Rights And Dignity Of Persons With Disabilities, Aaron A. Dhir

Cornell Law School Inter-University Graduate Student Conference Papers

In this piece I explore whether, if established, the proposed International Convention on Protection and Promotion of the Rights and Dignity of Persons with Disabilities will be an effective way to limit abuses of the rights of persons diagnosed with mental disabilities. In Section I, I discuss the failure of international human rights law to effectively address these abuses to date. In Section II, I consider the debate surrounding the need for a disability-specific Convention. In Section III, I argue that in order for the proposed Convention to be effective, and not simply a hollow mechanism, it must reject the …

Another Of Roger William's Gifts: Women's Right To Liberty Of Conscience: Joshua Verin V. Providence Plantations, Edward J. Eberle

Law Faculty Scholarship

No abstract provided.

The Central Case Approach To Human Rights: Its Universal Application And The Singapore Example, Tai-Heng Cheng

Washington International Law Journal

Human rights situations are often analyzed and described in binary terms, that is, whether rights have been violated or upheld. This Article argues that it is more meaningful to measure human rights situations in terms of deviations from a central case of key characteristics, and to understand the subtle interplay of social, political, and economic vectors that cause such deviations. Using Singapore as a case study, this Article demonstrates that in any State the real human rights situation revealed by central case analysis can be dramatically different than the traditional binary assessment of that situation. The Article concludes by showing …

"Accommodations" For The Learning Disabled: A Level Playing Field Or Affirmative Action For Elites?, Craig S. Lerner

Vanderbilt Law Review

A growing number of students in American higher education are being diagnosed as "learning disabled" and then using that diagnosis to secure beneficial "accommodations," such as extra time on exams. These accommodations are often said to be mandated by the Americans with Disabilities Act (ADA). This Article challenges the premise that the ADA necessarily requires educational institutions to provide learning disabled students with any accommodations. The ADA defines "disability" as an impairment that substantially limits a major life activity. Whether one is substantially limited is determined with reference not to one's innate abilities, but to the skills of the average …

1789 Renewed? Prospects Of The Protection Of Human Rights In Europe, Matthias Mahlmann

Cardozo Journal of International and Comparative Law

The European Charter of Fundamental Rights, proclaimed in 2000, has sparked significant debate as it aims to enhance human rights protection in Europe while facing criticism for being symbolic and potentially undermining legal culture. The Charter, though not legally binding, was drafted with the intent to become part of the European Constitution, thereby gaining enforceability. It incorporates various rights, including civil liberties, participatory rights, and social rights, balancing traditional legal principles with modern challenges like bioethics and data protection. The European Court of Justice has increasingly applied the Charter in interpreting European law, developing a doctrine of uniform limitations on …

The Court Of Last Resort: American Indians In The Interamerican Human Rights System - Why American Indians Should Utilize Supranational Courts, Derek De Bakker

Cardozo Journal of International and Comparative Law

The note examines the efforts of Native American groups to seek redress for human rights violations through the Inter-American human rights system, highlighting the limitations of the U.S. legal system in addressing indigenous rights. It focuses on key cases, such as the Yanomani, Miskito, and Dann cases, to illustrate how indigenous peoples are leveraging international mechanisms to assert their rights to land, cultural integrity, and self-determination. The analysis underscores the potential of the Inter-American Commission and Court to set precedents for indigenous rights in the United States.

Imperatives Of Culture And Race For Understanding Human Rights Law: Human Rights: A Political And Cultural Critique Makau Mutua, Henry J. Richardson Iii

Buffalo Law Review

No abstract provided.

Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Virginia V. Black,123 S. Ct. 1536 (2003), Angela R. Ernst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …

Sex Slavery In The United States And Its Law To Stop It Here And Abroad, Susan Tiefenbrun

ExpressO

No abstract provided.

A Positive Theory Of Universal Jurisdiction, Eugene Kontorovich

ExpressO

Academic discussions of universal jurisdiction (“UJ”) have been almost entirely normative, focusing on what UJ “should” be in an ideal world. This Article breaks with the normative approach and analyzes UJ from a positive perspective, drawing on historical evidence and rational choice models to understand what UJ has in fact been and what it can be.

Piracy was for centuries the only UJ offense. This Article begins by isolating the characteristics of piracy that made it uniquely suitable for UJ. While these characteristics show why UJ over piracy would cause fewer problems than UJ over other crimes, they still fail …

Gay And Lesbian Rights To Procreate And Access To Assisted Reproductive Technology, John A. Robertson

ExpressO

No abstract provided.

The Needle And The Damage Done: How Hoffman Plastics Promotes Sweatshops And Illegal Immigration And What To Do About It , Jennifer S. Berman

ExpressO

This paper examines the intersection of immigration and labor law as developed in federal law, culminating in the recent Supreme Court case, Hoffman Plastics. Arguing that Hoffman was wrongly decided, the paper further demonstrates that stronger penalties are necessary under the NLRA to deter employer wrongdoing, protect workers’ rights, and slow the proliferation of sweatshops.

Citizens Of An Enemy Land: Enemy Combatants, Aliens, And The Constitutional Rights Of The Pseudo-Citizen, Juliet P. Stumpf

ExpressO

No abstract provided.

Involuntary Particularism: What The Noahide Laws Tell Us About Citizenship And Alienage, Gidon G. Rothstein

ExpressO

This article argues that the Jewish picture of the Noahide laws, laws thought to apply to all non-Jews but particularly to those who would reside in a Jewish commonwealth, can shed light on how to balance a strong sense of citizenship with reasonable policies towards Lawful Permanent Residents. The article enunciates models for how to adapt the provisions of one legal system to another, shows that the Noahide system demanded that non-Jews accept fundamental aspects of a Jewish worldview in order to live among them, and then applies those lessons to argue for a reinvigorated view of American citizenship and …

Beyond Reparations: An American Indian Theory Of Justice, William C. Bradford

ExpressO

The number of states, corporations, and religious groups formally disowning past records of egregious human injustice is mushrooming. Although the Age of Apology is a global phenomenon, the question of reparations—a tort-based mode of redress whereby a wrongdoing group accepts legal responsibility and compensates victims for the damage it inflicted upon them—likely consumes more energy, emotion, and resources in the U.S. than in any other jurisdiction. Since the final year of the Cold War, the U.S. and its political subdivisions have apologized or paid compensation to Japanese-American internees, native Hawaiians, civilians killed in the Korean War, and African American victims …

Democracy In Hong Kong: Hearing Before The Subcomm. On East Asian And Pacific Affairs Of The S. Comm. On Foreign Relations, 108th Cong., Mar. 4, 2004 (Statement Of Professor James V. Feinerman, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.

Beyond Rights: Legal Process And Ethnic Conflicts, Elena A. Baylis

ExpressO

Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. The realities of ethnic conflict are daunting: ethnic disputes tend to be both persistent and complex, and efforts to use democracy or ethnic-blind policies to deal with those conflicts tend to fail. While multi-ethnic states have struggled to devise political solutions for ethnic conflict, they have largely ignored the role that legal processes might play in resolving ethnic discord. But at certain crucial moments in the development of ethnic conflicts, legal processes such as mediation, adjudication, and constitutional interpretation might effectively address these disputes.

This article explores …

The Rule Of Law And Human Rights, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay engages the idea of the rule of law and its relationship to the human rights ideal. This piece opens by exploring just exactly what is meant by the rule of law. To develop this analysis, this work initially explores the definitions, elements, and theoretical underpinnings of the rule of law. Second, it delves into the cultural particularities of the rule of law; third, it describes numerous structural realities of the rule of law; and then, it sets out several of the critiques directed at a universal rule of law idea.

This essay next makes three key observations concerning …