Human Rights Law Commons^™

Torture's Truth, Louis Michael Seidman

Georgetown Law Faculty Publications and Other Works

In this Article, I argue that the obstacles to having a serious conversation about torture are exacerbated by a truth that torture teaches us - a truth that we cannot afford fully to know and, so, frantically try to obscure. Law is about respect for commitments and limits, and the existence of torture challenges the possibility of such respect. If we are prepared to torture, then, it would seem, we are prepared to do anything, and the restraint that law purports to impose upon us is a fraud. Torture's truth, then, is that all of our promises to ourselves and …

Human Rights And The Critique Of The Common Law, David Campbell

Cardozo Law Review

No abstract provided.

Interim Measures In International Human Rights: Evolution And Harmonization, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, the Author undertakes a comprehensive study of interim measures ordered in human rights cases before six international enforcement bodies--the International Court of Justice, the European Court of Human Rights, the Inter-American Court of Human Rights, the United Nations Human Rights Committee, the United Nations Committee against Torture, and the Inter-American Commission on Human Rights. An order of interim measures may require that the State take positive action, such as providing protection for human rights activists or journalists, or it may call upon the State to refrain from taking action, such as not extraditing a person or delaying …

Banned And Enforced: The Immediate Answer To A Problem Without An Immediate Solution, Alison W. Manhoff

Vanderbilt Journal of Transnational Law

India has banned the use of ultrasound technology to determine the sex of a fetus for more than a decade. Despite this ban, India's 2001 census showed that for every one thousand boys under the age of six there are only 927 girls. There is speculation that this striking gender imbalance is largely the result of the abortion of fetuses discovered to be female after a sex determination ultrasound or amniocentesis procedure. Traditionally, the desire not to have a female child is viewed as a consequence of the dowry system that is prevalent in India. Commentators often propose efforts to …

Human Rights And Bioethics: Formulating A Universal Right To Health, Health Care, Or Health Protection?, George P. Smith, Ii

Vanderbilt Journal of Transnational Law

Codifying, and then implementing, an international right to health, health care, or protection is beset with serious roadblocks--foremost among them being contentious issues of indeterminacy, justiciability, and progressive realization.

Although advanced--and to some degree recognized under the rubric of a social or cultural entitlement within the law of human rights and, more particularly, the U.S. Declaration on Human Rights, together with International Covenant on Economic, Social and Cultural Rights (ICESCR), the International Covenant on Civil and Political Rights, the European Convention on Human Rights, and presently UNESCO's Draft Declaration on Universal Norms on Bioethics--attainment of such a universal right to …

Asians, Gay Marriage, And Immigration: Family Unification At A Crossroads, Victor C. Romero

Faculty Scholarship

Family unification has long been a significant component of U.S. immigration policy, and the Asian Pacific American (APA) community has long been a champion of laws that strengthen America's commitment to this goal. The recent emergence of same-gender marriages among state and local governments has caused society to consider more closely its definition of the family, challenging the traditional notion that only civil unions between heterosexuals should be celebrated. But because U.S. immigration law does not include a gay or lesbian partner within its statutory definition of spouse, binational same-gender couples may not legally remain in the country together, even …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Differing Conceptions Of Development And The Content Of International Development Law, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

International development law is the branch of international law that deals with the rights and duties of states and other actors in the development process. Its original content was premised on a particular generally accepted understanding of development. Under the pressure of the problems of development that arose during the 1970s and 1980s, this general agreement on the key issues in development disintegrated. As a consequence, the consensus on the content of international development law also began to break down.

Today, there are competing idealized views of development that shape the current debate about both development, and the content of …

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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

Articles & Chapters

No abstract provided.

The Impact Of International Human Rights Developments On Sexual Minority Rights, Arthur S. Leonard

Articles & Chapters

The Supreme Court's decision in Lawrence v. Texas (2003) marked the first time that tribunal took notice of how foreign and international courts were dealing with the civil rights claims of lesbians and gay men as part of its discussion of American constitutional law. If this evinces a new openness by the Court to looking at such external sources in gay rights cases, what would it find on the major legal issues now facing the LGBT community in the United States? This article summarizes developments abroad on legal recognition of same-sex partners (including for purposes of immigration status) and military …

The Law And Politics Of Contemporary Transitional Justice, Ruti G. Teitel

Articles & Chapters

Slobodan Milosevic, Saddam Hussein, Hissene Habre, Augusto Pinochet, Charles Taylor. There have never been more political leaders in the dock, or, under the shadow of its threat. Of what significance are these contemporary instances of transitional justice? This article uses the trials of Slobodan Milosevic and Saddam Hussein as an occasion for revisiting and extending my ongoing project of tracing a genealogy of transitional justice.
/="/">
/="/">In prior work, I have defined "transitional justice" as that conception of justice associated with periods of political change. In an ongoing genealogy, I tie the legal developments in this area to distinct …

Review Of Conference: “International Criminal Tribunals In The 21st Century”, Tim Curry

Human Rights Brief

No abstract provided.

De Facto V. De Jure Equality In The International Criminal Tribunal For The Former Yugoslavia, Brianne Mcgonigle

Human Rights Brief

No abstract provided.

The Unocal Settlement: Implications For The Developing Law On Corporate Complicity In Human Rights Abuses, Rachel Chambers

Human Rights Brief

No abstract provided.

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.

Book Reviews, Gwyneth Hesser, Mark Vorkink, Mihir Mankad

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Christina Barba, Brianne Mcgonigle, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Bryan Thomas Shipp, Christian De Vos, Fabiola Carrión, Shirley Woodward

Human Rights Brief

No abstract provided.

Ensuring Accountability: International Law And Post 9/11 U.S. Detention Policy, Priti Patel

Human Rights Brief

No abstract provided.

The Long Arm Of The European Convention On Human Rights And The Recent Development Of Issa V. Turkey, Tarik Abdel-Monem

Human Rights Brief

No abstract provided.

The Impact Of Hiv On The Rape Crisis In The African Great Lakes Region, Jennifer M. Hentz

Human Rights Brief

No abstract provided.

Domestic Violence In The United States And Its Effect On U.S. Asylum Law, Jennifer Podkul

Human Rights Brief

No abstract provided.

Formula To Stop The Illegal Organ Trade: Presumed Consent Laws And Mandatory Reporting Requirements For Doctors, Sheri R. Glaser

Human Rights Brief

No abstract provided.

Updates From The Regional Human Rights Systems, Tim Curry, Nerina Cevra, Erin Palmer

Human Rights Brief

No abstract provided.

United Nations Update, Nicole Trudeau, Christian De Vos

Human Rights Brief

No abstract provided.

Ngo Update, Lauren Bartlett

Human Rights Brief

No abstract provided.

Legislative Watch, Heather Morris

Human Rights Brief

No abstract provided.