Human Rights Law Commons^™

Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams, Mihir Mankad

Human Rights Brief

No abstract provided.

Ngo Update, Jerald Hess

Human Rights Brief

No abstract provided.

Legislative Watch, Ryan Vogel

Human Rights Brief

No abstract provided.

A Developing Trend: Laws And Policies On Internal Displacement, Jessica Wyndham

Human Rights Brief

No abstract provided.

Legislative Watch, Ryan Vogel

Human Rights Brief

No abstract provided.

The Supreme Constitutional Court Of Egypt On Islamic Law, Veiling And Civil Rights: An Annotated Translation Of Supreme Constitutional Court Of Egypt Case No. 8 Of Judicial Year 17 (May 18, 1996), Nathan J. Brown, Clark B. Lombardi

American University International Law Review

No abstract provided.

The Day Laborer Debate: Small-Town, U.S.A. Takes On Federal Immigration Law Regarding Undocumented Workers, Margaret Hobbins

The Modern American

No abstract provided.

Peacekeepers As Perpetrators: Sexual Exploitation And Abuse Of Women And Children In The Democratic Republic Of The Congo, Susan A. Notar

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters

Articles by Maurer Faculty

What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have almost universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were almost universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary international law's rules on ethnic cleansing?

The Article derives the customary legal norms logically …

Book Review. Companies, International Trade And Human Rights By Janet Dine, Christiana Ochoa

Articles by Maurer Faculty

This is a book review of Janet Dine's Companies, International Trade and Human Rights (2005). While this 9-page review is quite positive, it does offer some criticisms of Dine's analysis and views.

The History Of Slave Marriage In The United States, 39 J. Marshall L. Rev. 299 (2006), Darlene C. Goring

UIC Law Review

No abstract provided.

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.

Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan

UIC Law Review

No abstract provided.

Looking At Trafficking Through A New Lens, Nilanjana Ray

Cardozo Journal of Equal Rights & Social Justice

The article critiques existing frameworks for understanding and combating human trafficking, arguing that they are overly narrow and fail to address the root structural causes of trafficking, such as poverty, inequality, and lack of opportunities. It advocates for a more comprehensive approach that considers trafficking as a symptom of broader societal and economic issues, requiring global action to address these underlying conditions.

Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla

Human Rights Brief

No abstract provided.

Advancing The Right To Adequate Housing Of Desperately Poor People: City Of Johannesburg V. Rand Properties, Lilian Chenwi

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Meghan Stewart, Brianne Mcgonigle, Lizzie Rushing, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.

Book Reviews, Mihir Mankad, Brooke Kirkland, Mark Vorkink, Erin Scheick

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

American University International Law Review

No abstract provided.

Privatization Of Corrections: A Violation Of U.S. Domestic Law, International Human Rights, And Good Sense, Ira P. Robbins

Human Rights Brief

No abstract provided.

Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers

Faculty Scholarship

No abstract provided.

The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk

Faculty Scholarship

The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …

Democracy's Handmaid, Robert L. Tsai

Faculty Scholarship

Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, I draw from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, I present a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …

Rettungsfolter (“Rescue Torture”): Report On The Gäfgen V. Germany Case Pending Before The European Court On Human Rights, James Maxeiner

All Faculty Scholarship

This comment reports on a case pending before the European Court of Human rights which raises the question whether torture can ever be supported to save human life.

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

More Than Mere Semantics: The Case For An Expansive Definition Of Persecution In Sexual Minority Asylum Claims, Monica Saxena

Michigan Journal of Gender & Law

This Article asserts that the requirement in U.S. asylum law that requires an asylee to make a showing of persecutory intent is overly and especially restrictive in claims made by sexual minorities. This Article proposes that the U.S. adopt the asylum standards of New Zealand and Canada, where the focus is on the failure of government protection as opposed to a focus on persecutory intent. Such standards are consistent with both the realities of persecution that sexual minorities encounter and the original impetus behind the Refugee Convention. Part I examines the different forms of persecution against sexual minorities. Part II …

Globalization And The Construction Of Universal Human Rights, Eric K. Leonard

Human Rights & Human Welfare

A review of:

The History of Human Rights: From Ancient Times to the Globalization Era by Micheline R. Ishay. Berkeley: University of California Press, 2004.

and

Constructing Human Rights in the Age of Globalization edited by Mahmood Monshipouri, Neil Englehart, Andrew J. Nathan and Kavita Philip. Armonk, N.Y.: M.E. Sharpe, Inc., 2003.

From Scientists To Merchants: The Transformation Of The Pharmaceutical Industry And Its Impact On Health, Ugalde, Núria Homedes

Societies Without Borders

The number of innovative drugs reaching the market has decreased steadily during the last several years to a handful per year. At the same time, the amount of resources allocated by the pharmaceutical industries to promotion and marketing has increased at a faster pace than those allocated to research and development of new products. The paper presents the hypothesis that for the large corporations, the production of me-too drugs is more profitable than to invest in research and development of innovative products. Gaining a market share of me-too drugs requires large investments in promotion and marketing, one result of which …

Global Sociology And The Nature Of Rights, Turner

Societies Without Borders

Citizenship is fundamentally a western political and legal concept; it is also a concept relevant specifically to a national polity. By contrast human rights have been, since their formal proclamation in 1948, promoted as universal rights. The relationship between the social rights of national citizenship and the human rights of the Declaration provides a useful case study in which to discover whether sociology can provide concepts and theories that function across conceptual boundaries and territorial borders. Furthermore, human rights discourse may prove to be the primary candidate for sociology to operate as an effective discourse of global social reality. However, …