Human Rights Law Commons^™

Human Dignity In The Line Of Fire: The Application Of International Human Rights Law During Armed Conflict, Occupation, And Peace Operations, John Cerone

Vanderbilt Journal of Transnational Law

One of the most controversial and politically charged issues in current human rights discourse is whether and to what extent states are bound by human rights obligations with respect to the conduct of their armed forces abroad in armed conflict, occupation, and peace operations. Underlying the controversy are a number of complex legal questions, several of which have eluded definitive resolution. Chief among these questions is whether individuals affected by the conflict are among those whose rights states are obliged to secure. Answering these questions is further complicated in situations of collective action, giving rise to such questions as whether …

The Detainee Treatment Act Of 2005: Embodying U.S. Values To Eliminate Detainee Abuse By Civilian Contractors And Bounty Hunters In Afghanistan And Iraq, Ryan P. Logan

Vanderbilt Journal of Transnational Law

The growth in the number of bounty hunters and civilian contractors accompanying the U.S. military into battle has swelled during the current conflicts in Afghanistan and Iraq. Civilians have been utilized in all facets of those military campaigns, including the interrogation of suspected terrorists or insurgents. Faced with intense pressure to rapidly obtain information about terrorist operations and yet having little oversight of their interrogation activities, some of these contractors and bounty hunters have been accused of abusing detainees. This Note explores the legal avenues for addressing accusations of detainee abuse by U.S. civilians in Afghanistan and Iraq and concludes …

Finding The Winning Combination: How Blending Organ Procurement Systems Used Internationally Can Reduce The Organ Shortage, Sarah E. Statz

Vanderbilt Journal of Transnational Law

The shortage in transplantable organs worldwide not only leads to unnecessary death, but also to grave human rights abuses through illegal methods of procuring organs. The shortage leads some desperate to find an organ through any possible means, including purchasing an organ on the black market. The system for procuring organs in the United States is based on altruism, where potential donors have to opt in to the system in order for their organs to be donated. This creates issues at the time of death for medical professionals or the next of kin to decide whether their patient or loved …

When Globalization Hits Home: International Family Law Comes Of Age, Barbara Stark

Vanderbilt Journal of Transnational Law

Not that long ago, international family law (IFL) referred to a series of multilateral conventions basically concerned with conflicts of law questions. It could be studied as part of a course on family law or as part of a course on conflicts of law. But IFL, or family law in which more than one State has an interest, has grown up and become a subject of its own. This is not merely a curricular development. Rather, it reflects and reinforces two of the most powerful trends of the last fifteen years: globalization and the spread of human rights. Globalization is …

Bringing Families In: Recommendations Of The Incarceration, Reentry And Family Roundtables, Ann Cammett, Johnna Christian, Nancy Fisherman, Lori Scott-Pickens

Scholarly Works

Building on the findings of the New Jersey Reentry Roundtable and a growing concern around the state about how to improve outcomes for the more than 70,000 individuals expected to return home from prison over the next five years, the roundtable examined the complex role that families – broadly defined – play in the lives of prisoners during incarceration and after their release. This document presents a set of recommendations emerging directly from roundtable sessions and provides a road map for individual and collaborative efforts accepted by a range of key players in New Jersey, including government officials, community and …

The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

In recent years, the issue of human trafficking - the recruitment or movement of persons by means of coercion or deception into exploitative labor or slavery-like practices - has moved from the margins to the mainstream political agenda. The rapid proliferation of international, regional and domestic anti-trafficking laws bespeaks universal condemnation of the practice, but belies deep divisions among States over how to define and approach the problem. It is thus significant that the international community was able to reach consensus and conclude a new international law on trafficking - the Palermo Protocol. But just weeks before the signing of …

When Human Rights Are Swept Away, Stephen Wermiel, Jerome Reide

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Legal Approaches And The Contributions Of Case Law, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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.

The Responsibility To Protect: From Document To Doctrine - But What Of Implementation, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

No abstract provided.

You Got No Secrets To Conceal: Considering The Application Of The Tarasoff Doctrine Abroad, Michael L. Perlin

Articles & Chapters

No abstract provided.

Some Middle-Age Spread, A Few Mood Swings, And Growing Exhaustion: The Human Rights Movement At Middle Age, Penelope Andrews

Articles & Chapters

This paper was presented at a symposium, "The Scholar as Activist", dedicated to the work of Nadine Strossen, President of the ACLU. This paper focuses on the subject of international human rights law and the engagement of scholars as activists in this area of law. At fifty-plus years, and therefore soundly middle aged, the global human rights project today provides occasion for reflection and evaluation. This paper observes that human rights have increasingly become the language of progressive politics. In many ways, this focus on human rights globally echoes the struggle for civil liberties and civil rights in the United …

Towards A Cosmopolitan Vision Of International Law: Identifying And Defining Cil Post Sosa V. Alvarez-Machain, Christiana Ochoa

Articles by Maurer Faculty

In the wake of the Supreme Court's decision in Sosa v. Alvarez-Machain, future Alien Tort Claims Act (ATCA) litigants seemingly will be asked to demonstrate that the norms giving rise to their actions are violations of clearly established Customary International Law (CIL). Given the mutable character of CIL, especially in the area of human rights, this will surely fuel the already voluminous literature on the content of the CIL of human rights.

While debate will certainly arise over the norms that have been become CIL, significant attention must be also be devoted to the problems inherent in the CIL of …

Updates From The International Criminal Courts, Elizabeth J. Rushing, Nick Leddy, Anne Heindel, Angela Edman, Bjorn Sorenson

Human Rights Brief

No abstract provided.

International Legal Updates, Natalie Huls, Art Steele, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen

Human Rights Brief

No abstract provided.

Legislative Watch, Edward Babayan

Human Rights Brief

No abstract provided.

Book Review, Christian M. De Vos

Human Rights Brief

No abstract provided.

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.

Social And Economic Rights: A Critique, Aryeh Neier

Human Rights Brief

No abstract provided.

Assessing The Laws And Customs Of War: The Publication Of Customary International Humanitarian Law, Jean-Marie Henckaerts

Human Rights Brief

No abstract provided.

Finding Family: Considering The Recognition Of Same-Sex Families In International Human Rights Law And The European Court Of Human Rights, Elizabeth Kukura

Human Rights Brief

No abstract provided.

The Impoverishment Of Displacement: Models For Documenting Human Rights Abuses And The People Of Diego Garcia, David Vine

Human Rights Brief

No abstract provided.

Inter-American Justice Comes To The Dominican Republic: An Island Shakes As Human Rights And Sovereignty Clash, David C. Baluarte

Human Rights Brief

No abstract provided.

International Legal Updates, Sebastian Amar, Shirley Woodward, Sabrina Balgamwalla, Amy Tai

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Mariam Ahmedani, Anne Heindel, Jeffrey Forbes, Robin Murphy, Leslie Thompson

Human Rights Brief

No abstract provided.

Book Reviews, Mark Vorkink, Christiana Hoffman, Mihir Mankad, Huwaida Arraf

Human Rights Brief

No abstract provided.

The Un Human Rights Council And The Inherent Dignity Of The Human Person, Chris Smith

Human Rights Brief

No abstract provided.

A South African Perspective On Social And Economic Rights, Richard J. Goldstone

Human Rights Brief

No abstract provided.