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Human Rights Law Commons™

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2005

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Articles 211 - 240 of 323

Full-Text Articles in Human Rights Law

Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon Jan 2005

Will 9/11 Continue To Take A Toll On America’S Cities?, David Dixon

Fordham Urban Law Journal

Terrorism and enhanced security concerns are firmly planted in the American psyche. It is hard for most Americans to accept the need to balance the risks of terrorism against the costs and benefits of responding to these risks. In the absence of quantitative measures for most risk assessments, Americans will need to establish qualitative measures for deciding where and how to respond to terrorism. Architects, planners, and others who deal daily with the qualitative issues of city building can play an important leadership role in this effort, in part because the people who traditionally make risk assessments cannot. This qualitative …

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The Right Of States To Repatriate Former Refugees, James C. Hathaway Jan 2005

The Right Of States To Repatriate Former Refugees, James C. Hathaway

Articles

Armed conflict often results in the large-scale exodus of refugees into politically and economically fragile neighboring states. The burdens on asylum countries can be extreme, and may only be partly offset by the arrival of international aid and protection resources. Moreover, difficulties inherent in the provision of asylum have been exacerbated in recent years by the increasing disinclination of the wealthier countries that fund the United Nations High Commissioner for Refugees (UNHCR) and most other assistance agencies to meet the real costs of protection. In such circumstances, it is unsurprising that as conflicts wind down, host countries ordinarily seek to …

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Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin Jan 2005

Is The Concept Of The Person Necessary For Human Rights?, Jens David Ohlin

Cornell Law Faculty Publications

The concept of the person is widely assumed to be indispensable for making a rights claim. But a survey of the concept's appearance in legal discourse reveals that the concept is stretched to the breaking point. Personhood stands at the center of debates as diverse as the legal status of embryos and animals to the rights and responsibilities of corporations and nations. This Note analyzes the evidence and argues that personhood is a cluster concept with distinct components: the biological concept of the human being, the notion of a rational agent, and unity of consciousness. This suggests that it is …

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Indigenous Self-Determination In Latin America, Ángel Oquendo Jan 2005

Indigenous Self-Determination In Latin America, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

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La Vida Considerada Como Cosa: Un Error Norteamericano Fundamental, Richard Stith Jan 2005

La Vida Considerada Como Cosa: Un Error Norteamericano Fundamental, Richard Stith

Law Faculty Publications

El autor explica un error fundamental que puede subyacer a la aprobación, por el Tribunal Supremo norteamericano en el año 2000, del aborto durante el parto. Este error consiste en concebir la vida física como una mera cosa, como algo que puede existir sin que haya un ser humano que la viva. En cuanto al aborto, el error radica en la confusión entre desarrollo y construcción (del feto), confusión debida en parte a ciertas creencias medievales ya superadas por la ciencia moderna. En la segunda mitad del artículo, el autor sostiene que un error semejante puede proporcionar fácilmente un argumento …

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Messages From Strasbourg: Lessons For American Courts From The Highest Volume Human Rights Court In The World - The European Court Of Human Rights, Allen E. Shoenberger Jan 2005

Messages From Strasbourg: Lessons For American Courts From The Highest Volume Human Rights Court In The World - The European Court Of Human Rights, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

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Liberty: A Human Right, Or A Citizen Right, Jerry E. Norton Jan 2005

Liberty: A Human Right, Or A Citizen Right, Jerry E. Norton

Faculty Publications & Other Works

No abstract provided.

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Identity As Inclusion, Jerome Bruner Jan 2005

Identity As Inclusion, Jerome Bruner

Buffalo Law Review

Book review of David M. Engel and Frank W. Munger's Rights of Inclusion: Law and Identity in the Life Stories of Americans with Disabilities

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International Law And The Ethnicity Of Irish Travellers, David Keane Jan 2005

International Law And The Ethnicity Of Irish Travellers, David Keane

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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The Lengthening Shadow Of Androcentrism, Bryan K. Fair Jan 2005

The Lengthening Shadow Of Androcentrism, Bryan K. Fair

Cardozo Journal of Equal Rights & Social Justice

The article critiques Harvard President Lawrence H. Summers' hypotheses on the underrepresentation of women in high-end science and engineering jobs, arguing that his views are based on stereotypes and overlook historical and systemic factors. The author contests Summers' points, emphasizing that gender disparities stem from deeply entrenched male privilege and legal structures rather than women's choices or aptitude. The analysis highlights the role of historical discrimination and legal cases in perpetuating gender caste.

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Female Circumcision In Africa: Procedures, Rationales, Solutions, And The Road To Recovery, Shayla Mcgee Jan 2005

Female Circumcision In Africa: Procedures, Rationales, Solutions, And The Road To Recovery, Shayla Mcgee

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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The Ictr And Justice For Rwandan Women, Mark A. Drumbl Jan 2005

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

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Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird Jan 2005

Outside The Law: Intersex, Medicine And The Discourse Of Rights, Jo Bird

Cardozo Journal of Equal Rights & Social Justice

The article argues that the legal system perpetuates the erasure of intersex individuals by constructing intersex as a medical rather than a legal issue, leading to human rights violations. It contends that the law requires individuals to fit into a binary sex classification to be recognized as fully human, thereby denying intersex people legal visibility and protection. The article advocates for the recognition of intersex as a legal category to address the systemic discrimination and violence intersex individuals face, particularly in medical practices.

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Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson Jan 2005

Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the normalization of non-consensual surgical interventions on children, particularly focusing on male circumcision and intersex surgeries, arguing that these practices are rooted in cultural and gender norms rather than medical necessity. It challenges the legal and ethical frameworks that allow such surgeries, emphasizing the need for informed consent and stricter regulations.

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Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes Jan 2005

Distracted Attentions: Intersexuality And Human Rights Protections, Morgan Holmes

Cardozo Journal of Equal Rights & Social Justice

The article argues that the medicalization of intersex conditions, often justified under an "emergency" rationale, undermines the autonomy and human rights of intersex individuals, particularly children. It critiques the framing of intersex as a medical emergency, which allows clinicians to bypass informed consent and prioritize the interests of families and medical professionals over those of the intersex individual. The article advocates for a shift in approach, emphasizing human rights protections and the need to respect the autonomy of intersex persons.

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Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves Jan 2005

Out Of The O.R. And Into The Streets: Exploring The Impact Of Intersex Media Activism, Sharon E. Preves

Cardozo Journal of Equal Rights & Social Justice

Babies are born intersexed, with ambiguous genitalia or other reproductive anatomical features, every day. Physical sexual ambiguity occurs frequently, affecting approximately one in 2000 births. Most infants born intersexed are surgically and hormonally altered to reflect the sexual anatomy associated with "standard" female or male sex assignment. This article explores the mobilization and methods of intersex individuals and their allies to destigmatize intersexuality and to alter the medical treatment they receive. I explore the intersex movement's use of mass media as a strategic activist tool and the implications of this mobilization for cultural and medical reform, arguing that media attention …

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Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S. Jan 2005

Approaching Critical Mass: An Exploration Of The Role Of Intersex Allies In Creating Positive Education, Advocacy And Change, Moonhawk River Stone M.S.

Cardozo Journal of Equal Rights & Social Justice

The purpose of this article is to explore the role of allies working on behalf of intersex people. The article approaches this exploration from various perspectives that have informed the author's ally work with intersex issues for more than ten years. First, the author begins with the personal perspective and the way in which the author became an ally of intersex people. Second, the article discusses the perspective of psychological trauma, the tapestry of which is interwoven through all aspects of intersex history and experience. Third, the author delineates ally attitudes, behaviors, and tasks that are important when one is …

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Direct Vs. Indirect Obligations Of Corporations Under International Law, Carlos Manuel Vázquez Jan 2005

Direct Vs. Indirect Obligations Of Corporations Under International Law, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

International law today addresses the conduct of private corporations in a variety of areas. With very few exceptions, however, international law regulates corporate conduct indirectly--that is, by requiring states to enact and enforce regulations applicable to corporations and other non-state actors. Only a small number of international legal norms--primarily those relating to war crimes, crimes against humanity, and forced labor--apply directly to non-state actors. Scholars have argued forcefully that international law should move in the direction of directly imposing obligations on corporations. These arguments overlook important aspects of the problem. If international legal norms were extended to corporations and backed …

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Protecting Rights In The Age Of Terrorism: Challenges And Opportunities, Rosa Brooks Jan 2005

Protecting Rights In The Age Of Terrorism: Challenges And Opportunities, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

Depending on whom you speak to these days (and the mood in which you find them), international law is either practically moribund, or it's more vibrant and important than it has been for years. To take the good news story first, international law issues have been at the forefront of public discourse over the past few years. Pick your issue: the U.N. Charter and the international law on the use of force? The Convention Against Torture? The Geneva Conventions? You'll find it on the front page these days. Journalists are phoning international law professors for background briefings, and students are …

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Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner Jan 2005

Review Of Human Rights: Between Idealism And Realism, Steven R. Ratner

Reviews

For centuries, moral philosophers have regarded ethics and justice in the international plane as part of their domain. The move from the personal to the societal or national to the global seems effortless. In recent years, philosophers in ethics have devoted considerable attention to the ethical significance of nationality and patriotism, asking whether an impartial morality permits better treatment of an individual’s co-nationals; while those in politics have revisited issues of international justice through, for instance, works on human rights and just war theory. These two bodies of work both address what constitutes a just world and what role the …

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The Shirts Off Their Backs: Should Pro-Gay Expression Be Permitted In Schools?, Jamie Friye Jan 2005

The Shirts Off Their Backs: Should Pro-Gay Expression Be Permitted In Schools?, Jamie Friye

Public Interest Law Reporter

No abstract provided.

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Human Rights, Terrorism And International Law, David P. Stewart Jan 2005

Human Rights, Terrorism And International Law, David P. Stewart

Villanova Law Review (1956 - )

No abstract provided.

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Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya Jan 2005

Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya

Publications

No abstract provided.

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Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya Jan 2005

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

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Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester Jan 2005

Return Of The Great Writ: Judicial Review, Due Process, And The Detention Of Alleged Terrorists As Enemy Combatants, Benjamin Priester

Journal Publications

The federal government's reaction to the terrorist attacks of September 11, 2001, included a wide range of statutes, policies, and strategies for aggressively pursuing, capturing, detaining, and punishing not only the individuals directly responsible for the attacks, but also those who seek to carry out future attacks. The objective was no less ambitious than the elimination of the entire terrorist organization known as Al Qaeda, from its leaders like Osama bin Laden to its agents in the field. To accomplish this aim the government invoked the full range of its powers in foreign and domestic affairs: military force abroad, foreign …

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Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen Jan 2005

Reflections On The Essential Role Of Legal Scholarship In Advancing Causes Of Citizen Groups, Nadine Strossen

NYLS Law Review

No abstract provided.

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State Legislation And Human Trafficking: Helpful Or Harmful?, Stephanie Richard Jan 2005

State Legislation And Human Trafficking: Helpful Or Harmful?, Stephanie Richard

University of Michigan Journal of Law Reform

Human trafficking is the modern day form of slavery. Despite the fact that thousands of people are trafficked into the United Sates each year, the majority of U.S. citizens are not aware of the nature and extent of this problem. In 2000, the U.S. government passed the Victims of Trafficking and Violence Protection Act (VTVPA) to combat this grave human rights abuse. This federal legislation takes a comprehensive approach to addressing the problem of human trafficking in the United States by acknowledging that effective prosecution cannot occur without safeguards and benefits for trafficking victims. To this end, the VTVPA enumerates …

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Child Soldiers: Legal And Military Challenges In Confronting A Global Phenomenon, Benjamin Perrin Jan 2005

Child Soldiers: Legal And Military Challenges In Confronting A Global Phenomenon, Benjamin Perrin

All Faculty Publications

Book note re: Children at War by Peter W. Singer (New York: Pantheon, 2005). "Over the last decade, the existence of child soldiers has been brought to light through a barrage of graphic international news agency articles and human rights reports. Usually, these materials only identify sporadic and often sensationalized cases. What has been less forthcoming is a deeper understanding of what P.W. Singer calls the “child-soldier doctrine”: a calculated and pervasive strategy by armed groups to use children as combatants. Children at War is an admirable effort at making this daunting topic accessible to a wider public policy audience, …

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Migrating Towards Minority Status: Shifting European Policy Towards Roma, Timothy W. Waters, Rachel Guglielmo Jan 2005

Migrating Towards Minority Status: Shifting European Policy Towards Roma, Timothy W. Waters, Rachel Guglielmo

Articles by Maurer Faculty

During the 1990s, European policy towards Roma evolved from concern about migration toward rhetoric about rights. In this article we trace that shift across two OSCE reports. Following rhetorical-action models, we show how the EU's commitment to enlargement and "common values" compelled it to elaborate an internal approach to minority protection. Concerns about migration persist, but Europe now has to consider how to integrate Roma as minorities.

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Rights And The Need For Objective Moral Limits, Charles E. Rice Jan 2005

Rights And The Need For Objective Moral Limits, Charles E. Rice

Journal Articles

In this article, we will examine the natural law conception that rights are rooted in human nature, which nature itself is of divine origin through creation. We will compare this natural law concept to the premises and social consequences of the secular, relativist, and individualist approaches common to the jurisprudence of the Enlightenment. This article will offer the conclusion that only a grounding of right in the nature of persons as immortal beings created by God can offer moral and cultural security against the depersonalization characteristic of regimes premised on a relativist individualism.

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