Human Rights Law Commons^™

Richard Matthew On Pakistan’S Drift Into Extremism: Allah, The Army, And America’S War On Terror By Hassan Abbas. London: M. E. Sharpe, 2005. 276 Pp., Richard Matthew

Human Rights & Human Welfare

A review of:

Pakistan’s Drift into Extremism: Allah, the Army, and America’s War on Terror by Hassan Abbas. London: M. E. Sharpe, 2005. 276 pp.

July Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Outsourcing the War ” by Jeremy Schaill. The Nation. May 28, 2007.

Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu

Faculty Scholarship

With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.

This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human …

Transitional Justice In Korea: Legally Coping With Past Wrongs After Democratization, Kuk Cho

Washington International Law Journal

For more than a decade, Korean society has taken various legal steps to rectify past wrongs perpetrated by the old authoritarian-military regime. In 1995, the “Special Act Concerning the May 18 Democratization Movement” was passed in the National Assembly. Under this new legal circumstance, the two former presidents were imprisoned on charges of leading the 1979 military coup and brutally oppressing the May 18 Uprising of 1980. However, because such a transition from the authoritarian-military rule was established through a political compromise, Korean society had to experience a limited transitional justice. As another step to rectify past wrongs, the “Act …

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“On Israel, America and AIPAC” by George Soros. New York Review of Books. April 12, 2007.

Engagement As A Way Toward Peace, Mahmood Monshipouri

Human Rights & Human Welfare

The Bush administration’s active support for the Israeli government is counterproductive in its refusal to recognize a Palestinian unity government which includes Hamas. A great majority of American Jews have called for Israel to withdraw from the territories occupied in 1967 and support the creation of a Palestinian state. A hard-line minority of politicians in the United States, along with their affiliated media networks and think-tanks, have continued to dominate the main Jewish lobbying group, the American-Israel Public Affairs Committee (AIPAC).

Kathleen Barrett On Challenges To Peacebuilding: Managing Spoilers During Conflict Resolution Edited By Edward Newman And Oliver Richmond. New York: United Nations University Press, 2006. 329pp., Kathleen Barrett

Human Rights & Human Welfare

A review of:

Challenges to Peacebuilding: Managing Spoilers During Conflict Resolution Edited by Edward Newman and Oliver Richmond. New York: United Nations University Press, 2006. 329pp.

Geopolitics Or Human Rights?, Judith Blau

Human Rights & Human Welfare

George Soros’ article, “On Israel, America and AIPAC” serves as a sobering reminder that the human rights revolution is constantly being scuttled by geopolitics that not only sideline human rights, but more devastatingly undermine their premises. I happen to agree with him that the American Israel Public Affairs Committee (AIPAC) is a major obstacle to the U.S. normalizing relations with any country in the Middle East, including and especially Israel. AIPAC is something of a misnomer because it is a coalition, not a committee, and some of its key members include neo-cons, as Soros mentions, as well as Christian evangelicals. …

Should Supporters Of Israel Embrace An "Open Society"?, Harry Kreisler

Human Rights & Human Welfare

Organizations, such as lobbies, must adapt to changes in their environment or they risk mission failure and possible extinction. Adaptation requires new ideas, new constituencies, and rigorous self-analysis. A vigorous internal debate raises the possibility of corrections in course as an organization navigates through its changing environment.

Aipac's Good Intentions Undermine Israel's Interests, Ali Wyne

Human Rights & Human Welfare

While the American Israel Public Affairs Committee (AIPAC) is nominally pro-Israel, its advice undermines Israel’s interests. It does not encourage Israel to make concessions, but rather recommends that Israel ignore the reformists within and outside of it. The folly of such counsel becomes apparent when one recognizes that Israel’s current strategy cannot be sustained.

Engendering Empowerment? : Rethinking Gender Mainstreaming Policy In "Post - Conflict" Afghanistan, Kavita Kapur

Archived Theses and Dissertations

No abstract provided.

Primary Education, Human Rights, And Customary International Law: A Case Study Of Refugee Children In Cairo, Jennifer G Renquist

Archived Theses and Dissertations

No abstract provided.

Creeping Impoverization: Material Conditions, Income Inequality, And Erisa Pedagogy Early In The 21st Century, Maria O'Brien

Faculty Scholarship

To say that poverty remains one of the most pressing issues of our time is a colossal understatement. A staggering number of people on the planet live in poverty. In the United States alone, the working poor and those living at or below the poverty line make up 12.6 percent of our populace.' While these individuals may not all be in imminent danger of starving or homelessness, they often lack basic safeguards that those in the upper socio-economic levels of society take for granted: basic health insurance, access to pension programs, disability coverage, and the certainty of a living wage …

Sylvia Maier On Human Rights In The World Community. Issues And Action (Third Edition) Edited By Richard Pierre Claude And Burns H. Weston. Philadelphia: University Of Pennsylvania Press, 2006. 543 Pp., Sylvia Maier

Human Rights & Human Welfare

A review of:

Human Rights in the World Community. Issues and Action (Third Edition) edited by Richard Pierre Claude and Burns H. Weston. Philadelphia: University of Pennsylvania Press, 2006. 543 pp.

May Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Politics of Naming: Genocide, Civil War, Insurgency” by Mahmood Mamdani. London Review of Books. March 8, 2007.

The Moral Vocabulary Of Violence, David L. G. Rice

Human Rights & Human Welfare

What is at stake in labeling a particular incidence of large-scale violence “genocide”? Mahmood Mamdani rightly argues that “genocide” is an insufficient description of the conflict in Darfur. I would suggest that the problematic nature of that terminology goes back to its inception after World War II. Activists have inherited the concept of “genocide” from a particular historical moment. Now, “ genocide” carries unique moral weight in the discourse of international politics. When violence against civilians has been widely accepted as a necessary outcome of the preservation of peace, activists find it necessary to imagine a worse evil than the …

The Return Of Moral Equivalence, J. Peter Pham

Human Rights & Human Welfare

During the latter stages of the Cold War, one school of ethical analysis, ultimately labeled as “moral equivalence” by the late Jeane Kirkpatrick, measured Western liberal democracies against utopian standards in a radical critique which redefined the political discourse, erasing distinctions between the Soviet Union and its satellites on the one hand and the United States and its allies on the other.

The International Human Rights Committee: The Global Influence Of The City Bar, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

Missing The Point, Colin Thomas-Jensen

Human Rights & Human Welfare

“What would happen if we thought of Darfur as we do of Iraq, as a place with a history and politics—a messy politics of insurgency and counterinsurgency?” (§4). This is the most telling question posed by Professor Mahmood Mamdani in “The Politics of Naming: Genocide, Civil War, Insurgency.” The implication is that the growing public demand for strong international action—military or otherwise—to halt the atrocities in Darfur is somehow unwarranted because people have failed to understand that the systematic crimes against humanity committed against civilians in Darfur (and indeed Iraq) are an inevitability of “the messy politics of insurgency and …

Debra L. Delaet On Health And Human Rights: Basic International Documents, 2d Edition, Edited By Stephen P. Marks. Cambridge, Massachusetts: Published By Francois-Xavier Bagnoud Center For Health And Human Rights; Distributed By Harvard University Press, 2006. 392pp., Debra L. Delaet

Human Rights & Human Welfare

A review of:

Health and Human Rights: Basic International Documents, 2d Edition, edited by Stephen P. Marks. Cambridge, Massachusetts: Published by Francois-Xavier Bagnoud Center for Health and Human Rights; Distributed by Harvard University Press, 2006. 392pp.

Debra L. Delaet On Understanding Human Rights: An Exercise Book By Elisabeth Reichert. Thousand Oaks, Ca: Sage Publications, 2006. 271pp., Debra L. Delaet

Human Rights & Human Welfare

A review of:

Understanding Human Rights: An Exercise Book by Elisabeth Reichert. Thousand Oaks, CA: SAGE Publications, 2006. 271pp.

Politics Of Naming And Politics Of Responsibility, Rhoda Howard-Hassmann

Human Rights & Human Welfare

Mahmood Mamdani is right to complain that the American—and international—public is unaware of the political complexity of the Darfur conflict. He is also right to point out that selective or inconsistent uses of the terms “genocide,” “civil war,” and “insurgency” can mask covert, or even overt, political agendas. His comparison of Darfur to Iraq is telling. And he is right to point out that even with the best of humanitarian intentions, the presentation of a simplified version of Darfur, in which “Arabs” persecute “Africans,” can play into the “war on terror,” insofar as, in the minds of at least some …

Palestinian Refugees And Canadian Sanctuary: A Way Through The Protection Gap?, Rounwah Adly Riyadh Saeed Bseiso

Archived Theses and Dissertations

No abstract provided.

Legitimating Penal Law, Markus D. Dubber

Cardozo Law Review

No abstract provided.

The Limits Of “No-Limit”, J. Peter Pham

Human Rights & Human Welfare

One must acknowledge and even admire the passion that writer and photographer Ann Jones brings to the different causes she embraces as she meanders along the paths of her rather eclectic career, now spanning over three decades. Her first book, Uncle Tom’s Campus (1973), examines how her students, in a predominantly African-American college, were being shortchanged by the system. In the late 1990s, she took off across Africa in search of a legendary tribe ruled by women and supposedly noted for its embrace of “feminine” principles of tolerance, diplomacy, and compromise, and returned to publish a travelogue-cum-utopian Weltanschauung set in …

The Trouble With Rights, David L. G. Rice

Human Rights & Human Welfare

Do human rights imply enforcement powers? Do they require police or armies? How many soldiers would it take to secure universal human rights? What sort of weaponry would suffice?

Communications Theory And World Public Order: The Anthropomorphic, Jurisprudential Foundations Of International Human Rights, Winston P. Nagan, Craig Hammer

UF Law Faculty Publications

This Article seeks to integrate different strains of knowledge and enlightenment from contradictory and often contentious jurisprudential perspectives. Our approach is to use elements of modern jurisprudence as tools and markers for a more adequate description and intellectual justification of the foundations of modern human rights law. This focus integrates existing literature that surveys law-making outside the context of the State, including the law of non-State groups, such as Jewish Law and Gypsy Law. It also examines the relevance of communications theory to law generated (in a functional sense) by individual interaction on a face-to-face basis (which Professor Harold Lasswell …

The Morality Of Property, Thomas W. Merrill, Henry E. Smith

William & Mary Law Review

No abstract provided.

Modern Military Necessity: The Role & Relevance Of Military Lawyers, Michael A. Newton

Vanderbilt Law School Faculty Publications

Modern warfare presents an array of legalistic overtones that require the presence and participation of attorneys of exceptional courage and breadth of expertise in demanding and austere conditions. Military lawyers today must confront complex missions and competing operational demands in representing the needs of operational commanders. The legal dimension of conflict has at times overshadowed the armed struggle between adversaries as the nature of conflict itself has changed. The overall mission will often be intertwined with political, legal, and strategic imperatives that cannot accomplished in a legal vacuum or by undermining the threads of legality that bind diverse aspects of …

Punish Or Surveil, Diane Marie Amann

Scholarly Works

This Article endeavors to paint a fuller picture of previous practice and present options than is often present in debates about the United States' antiterrorism measures. It begins by describing practices in place before the campaign launched after September 11, 2001. The Article focuses on punishment, the first prong of the policy long used to combat threats against the United States. Ordinary civilian and military courts stood ready to punish persons found guilty at public trials that adhered to fairness standards, and national security interests not infrequently were advanced through such courts. That is not to say that courts were …