Human Rights Law Commons^™

Mind The Gap: Purpose, Pain, And The Difference Between Torture And Inhuman Treatment, Christian M. De Vos

Human Rights Brief

No abstract provided.

Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon

Human Rights Brief

No abstract provided.

Ensuring A Responsibility To Protect: Lessons From Darfur, Anonymous

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.

An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen

Human Rights Brief

No abstract provided.

Book Review, Marisa Bassett

Human Rights Brief

No abstract provided.

Legislative Watch, Edward Babayan

Human Rights Brief

No abstract provided.

The Pursuit Of Justice Is Without Borders: Binational Strategies For Defending Migrants’ Rights, Victoria Gavito

Human Rights Brief

No abstract provided.

Pursuit Of A Rights-Based Approach To Migration: Recent Developments At The Un And The Inter-American System, Sarah Paoletti

Human Rights Brief

No abstract provided.

The Afl-Cio — Ndlon Agreement: Five Proposals For Advancing The Partnership, Jayesh M. Rathod

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

Fencing Out The Neighbors: Legal Implications Of The U.S.-Mexico Border Security Fence, Marta Tavares

Human Rights Brief

No abstract provided.

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.

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

Human Rights Brief

No abstract provided.

The Michigan Guidelines On Protection Elsewhere, Colloquium On Challenges In International Refugee Law

Other Publications

Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including "country of first arrival," "safe third country," and extraterritorial processing rules and practices-raise both opportunities and challenges for international refugee law. They have the potential to respond to the Refugee Convention's concern "that the grant of asylum may place unduly heavy burdens on certain countries" by more fairly allocating protection responsibilities among states. But insistence that protection be provided elsewhere may also result …

Democracy, Gender, And Governance: Introduction, Darren Rosenblum

Elisabeth Haub School of Law Faculty Publications

Since at least the mid 1990s and the Fourth World Conference for Women in Beijing, gender as an analytic category and as a programmatic concern has become a mainstream part of international law. While feminists have traditionally understood their relation to international law in critical terms and from their position as outsiders, this turn toward gender equality places at least some feminists and some of their projects within the governance structure of international law itself. This crucial shift from exclusion to partial inclusion merits examination.

Book Review: Social Justice: The Moral Foundations Of Public Health And Health Policy, Robin West

Georgetown Law Faculty Publications and Other Works

This essay is a review of Social Justice: The Moral Foundations of Public Health and Health Policy by Madison Powers & Ruth Faden (2006).

In this pathbreaking book, senior bioethicists Powers and Faden confront foundational issues about health and justice. How much inequality in health can a just society tolerate? In a world filled with inequalities in health and well-being, which inequalities matter most and are the most morally urgent to address? In order to answer these questions, Powers and Faden develop a unique theory of social justice that, while developed for the specific contexts of public health and health …

Toward A Human Rights Framework For Intellectual Property, Laurence R. Helfer

Faculty Scholarship

This Article, prepared for a Symposium on Intellectual Property and Social Justice held at the University of California at Davis School of Law in March 2006, addresses the growing intersection of human rights law and intellectual property law. Its principal point of departure is a November 2005 General Comment on "the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author" - a relatively obscure provision of the International Covenant on Economic, Social and Cultural Rights. The Article builds upon the analysis …

A System Of Wholesale Denial Of Rights, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Privacy And Law Enforcement In The European Union: The Data Retention Directive, Francesca Bignami

Faculty Scholarship

This paper examines a recent twist in EU data protection law. In the 1990s, the European Union was still primarily a market-creating organization and data protection in the European Union was aimed at rights abuses by market actors. Since the terrorist attacks of New York, Madrid, and London, however, cooperation on fighting crime has accelerated. Now, the challenge for the European Union is to protect privacy in its emerging system of criminal justice. This paper analyzes the first EU law to address data privacy in crime-fighting—the Data Retention Directive. Based on a detailed examination of the Directive’s legislative history, the …

Race Discrimination And Human Rights Class Actions: The Virtual Exclusion Of Racial Minorities From The Class Action Device, George A. Martinez

Faculty Journal Articles and Book Chapters

In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded from using the class action device to bring civil rights claims.

This paper argues that courts are very tough in how they handle class certification decisions in race discrimination class actions. On the other hand, the courts are quite lenient in how they handle class certification decisions in human …

Representing Saddam Hussein: The Importance Of Being Ramsey Clark, Lonnie T. Brown, Jr.

Georgia Law Review

This Article examines the professional life of former U.S. Attorney General Ramsey Clark in an effort to understand the many controversial representations and causes that he has undertaken during his post-government career. Professor Brown does so through the vehicle of perhaps Ramsey Clark's most perplexing client choice-deposed Iraqi President Saddam Hussein. Although Hussein had other competent attorneys prepared and willing to represent him, Ramsey Clark nevertheless felt compelled to volunteer his services to the defense team. Why would he do so, and was his decision an ethically proper one under the circumstances? These are the specific questions that this Article …

Practitioner's View: Clients At Guantanamo, Martha Rayner

Faculty Scholarship

No abstract provided.

Tinkering With Torture In The Aftermath Of Hamdan: Testing The Relationship Between Internationalism And Constitutionalism , Catherine Powell

Faculty Scholarship

Bridging international and constitutional law scholarship, the author examines the question of torture in light of democratic values. The focus in this article is on the international prohibition on torture as this norm was addressed through the political process in the aftermath of Hamdan v. Rumsfeld. Responding to charges that the international torture prohibition -- and international law generally -- poses irreconcilable challenges for democracy and our constitutional framework, the author contends that by promoting respect for fundamental rights and for minorities and outsiders, international law actually facilitates a broad conception of democracy and constitutionalism. She takes on the question …

Joe Stell's Life, Career, & Contributions, Susan Kelly

Water Matters!

Representative Joe Stell's retirement after 20 years in the New Mexico Legislature has many people wondering: How will we fare without his knowledge and history ofNew Mexico water matters? Stell viewed one of his most important roles as that of helping new legislators get up to speed on w ater issues. We hope that Water Matters! may assist in this role by providing legislators with background information on some of the issues they will encounter. The Utton Center also wanted to acknowledge Joe Stell's outstanding service to New Mexico, and we have therefore included a brief sketch about his career, …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Publications

No abstract provided.