Human Rights Law Commons^™

Civil Liberties Advocacy Organizations In Canada: A Survey And Critique, Jeremy Patrick

ExpressO

Civil Liberties Advocacy Organizations in Canada: A Survey and Critique.” This article explores the structure and activities of modern civil liberties groups in Canada through a comparative look with the ACLU in the United States. The thesis of the article is that the Canadian model of having fragmented and isolated groups in some provinces is not as effective as the American model of having a single, national organization with affiliates in each state.

Love V. Virginia: The Constitutionality Of The Marshall/Newman Amendment, Pavitra Mohan Ram

ExpressO

My comment explores the constitutionality of a recent amendment in Virginia, the Marshall/Newman Amendment, which bans gay marriage and civil unions between unmarried people, and precludes Virginia from recognizing such arrangements formed in other states. The analysis is particularly timely, because even though the Democrats have regained a majority in Congress, and a traditionally Republican Virginian constituency just elected a Democratic senator, a majority of Virginians adopted this Amendment, indicating conservative values still reign.

The comment argues that the Amendment is demonstrably inconsistent with the mandates of the Fourteenth Amendment of the Federal Constitution. The first provision seeks to ban …

The American Tradition Of Racial Profiling, Jean Phan

ExpressO

The enemy has always been easily recognizable in American life: He has been the savage Native American known for scalping people; the black slave bent on ravaging white women; the Asian worker unfairly competing against the white man; the Mexican immigrant who does nothing but leech off the system; the Arab who dreams up terrorist plots, and carries them out. These enemies have always been visible in American society, and yet, they don’t exist in reality. They exist only in the minds of those too afraid to consider that these strange individuals who seem so different, could be just like …

Matthew S. Weinert On Human Security And The Un: A Critical History By S. Neil Macfarlane And Yuen Foong Khong. Bloomington, In: Indiana University Press, 2006. 341pp., Matthew S. Weinert

Human Rights & Human Welfare

A review of:

Human Security and the UN: A Critical History by S. Neil MacFarlane and Yuen Foong Khong. Bloomington, IN: Indiana University Press, 2006. 341pp.

Ali Wyne On Understanding Poverty Edited By Abhijit Vinayak Banerjee, Roland Bénabou, And Dilip Mookherjee. Oxford: Oxford University Press, 2006. 496pp., Ali Wyne

Human Rights & Human Welfare

A review of:

Understanding Poverty Edited by Abhijit Vinayak Banerjee, Roland Bénabou, and Dilip Mookherjee. Oxford: Oxford University Press, 2006. 496pp.

The Rights-Based Approach To Development In The Un Programming Cases Of World Bank And The Undp Millennium Development Goals, Asmaa Ramadan Shiba Mohamed

Archived Theses and Dissertations

No abstract provided.

Rights Of Muslim Converts To Christianity In Egypt, Hebatallah Ghali

Archived Theses and Dissertations

“Rights of Muslim Converts to Christianity in Egypt” is a research long-overdue, because converts are increasing in number and they are stripped off their human rights, persecuted by state and society, and considered as apostates civically dead. There is a sharp discrimination and difference in jurisprudence between Court of Administrative Litigation of State Council and State Security Court, which deal with converts. Converts of Christian background are recuperating their civil liberty rights, whereas rights of converts of Muslim background are still violated. I reached this conclusion by tracking the jurisprudential development of the Court of Administrative Litigation, which moved from …

Truth Commissions: A Path To Reconciliation?, May Mohamed Abdel Dayem

Archived Theses and Dissertations

No abstract provided.

The Legality Of The Use Of White Phosphorus By The United States Military During The 2004 Fallujah Assaults, Roman O. Reyhani

ExpressO

The assaults on Fallujah by the United States military in April and November 2004 involved the use of white phosphorus. White phosphorus has extremely damaging effects on the health of victims, including severe burns and irritation of the respiratory system. This article examines whether the use of white phosphorus was a violation of the Chemical Weapons Convention, Protocol III to the Convention on Conventional Weapons and international humanitarian law. It concludes that the use of white phosphorus was illegal as it could be argued to be a chemical weapon, a riot control agent, or incendiary weapon. Furthermore, the methods and …

Yukos Risk: The Double Edged Sword, Joseph Tanega, Dmitry Gololobov

ExpressO

Abstract The article focuses on elucidating the meaning of Yukos risk mainly in terms of corporate bankruptcy litigation in multiple jurisdictions, including, the U.S., U.K., The Netherlands, and Russia. The emphasis is on understanding the various legal theories and the court decisions reached so far in this continuing legal saga.

Open Or Closed: Balancing Border Policy With Human Rights, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

Toward A Limited-Government Theory Of Extraterritorial Detention, Robert Knowles, Marc D. Falkoff

Law Faculty Publications

No abstract provided.

Book Review Of The Witnesses: War Crimes And The Promise Of Justice In The Hague, Aspel

Societies Without Borders

The article reviews the book "The Witnesses: War Crimes and the Promise of Justice in The Hague," by Eric Stover .

A Tale Of Two Imperiled Rivers: Reflections From A Post-Katrina World, Sandra Zellmer

Nebraska College of Law: Faculty Publications

Hurricanes are a natural, predictable phenomenon, yet the Gulf Coast communities were devastated by the hurricanes of 2005. One year after Hurricane Katrina struck, the U.S. Army Corps of Engineers responded to a congressional request for an accounting by admitting culpability for the destruction of New Orleans. Its structural defenses failed not because Congress had authorized only moderate Category 3 protection, which in turn let floodwaters overtop the city's levees, but because levees and floodwalls simply collapsed. The so-called network of federal and local structures was a haphazard system in name only, where floodwalls and levees of varying heights utilized …

Devilry, Complicity, And Greed: Transitional Justice And Odious Debt, David C. Gray

Faculty Scholarship

The doctrine of odious debts came into its full in the eighteenth and early nineteenth century to deal with the financial injustices of colonialism and its stalking horse, despotism. The basic rule, as articulated by Alexander Sack in 1927, is that debts incurred by an illegitimate regime that neither benefit nor have the consent of the people of a territory are personal to the regime and are subject to unilateral recision by a successor government. While the traditional doctrine focused on the nature and circumstances of individual debts, it has been expanded in recent years, moving the focus from the …

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Scholarly Articles

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated upon …

Protocol No. 14 To The European Convention For The Protection Of Human Rights And Fundamental Freedoms: Toward A More Effective Control Mechanism?, Patricia Egli

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Corporate Accountability For Environmental Human Rights Abuse In The Developing Nations: Making The Case For Punitive Damages Under The Alien Tort Claims Act, Audrey Koecher

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Casa Of Maryland And The Battle Regarding Human Trafficking And Domestic Workers’ Rights, Elizabeth Keyes

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

La Jurisprudencia De La Corte Interamericana De Derechos Humanos En Materia De Reparaciones Y Los Criterios Del Proyecto De Articulos Sobre Responsibilidad Del Estado Por Hecho Internacionalmente Illicitos, Julio Joe Rojas Baez

American University International Law Review

No abstract provided.

Nunca Mas Or Deja Vu, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Caring Globally: Jane Addams, World War One, And International Hunger, Marilyn Fischer

Philosophy Faculty Publications

Several feminist philosophers, including Virginia Held, Joan Tronto, and Fiona Robinson, see the need for, and the potential of, care ethics for achieving far-reaching political and even global transformation. Tronto recommends that care be used as "a basis for political change" and a "strategy for organizing" (Tronto 1993, 175). Held advocates that "the ethics of care should transform international politics and relations between states as well as within them" (Held 2006, 161).

During and immediately after World War One, Jane Addams attempted to do just that. She sought to bring perspectives and moral sensibilities that have since been theorized in …

The French Headscarf Law Before The European Court Of Human Rights, Kathryn Boustead

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Human Rights For Transnational Corporations, Lucien J. Dhooge

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Immigration Relief For Human Trafficking Victims: Focusing The Lens On The Human Rights Of Victims, Carole Angel

Women, Leadership & Equality

No abstract provided.

Between The Border And The Street: A Comparative Look At Gang Reduction Policies And Migration In The United States And Guatemala, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

Habeas Without Rights, Jared A. Goldstein

Law Faculty Scholarship

For almost six years, the habeas corpus petitions brought by foreign detainees held by the United States at Guantanamo Bay, Cuba, have stalled because the courts have struggled to answer a single question: whether the detainees possess enforceable rights. Although that question remains unresolved, the courts have uniformly concluded that the Guantanamo habeas claims, as well as the habeas claims brought by other accused enemy combatants, require a showing that the detainees possess cognizable rights violated by the detentions, most especially constitutional rights. This Article argues that the courts have been asking the wrong question and that habeas relief does …

Waterboarding Prisoners And Justifying Torture: Lessons For The U.S. From The Chilean Experience, Cristián Correa

Human Rights Brief

No abstract provided.

The Push & Pull Of Globalization: How The Global Economy Makes Migrant Workers Vulnerable To Exploitation, Neha Misra

Human Rights Brief

No abstract provided.