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Human Rights Law Commons™

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2009

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Institution
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Articles 451 - 480 of 480

Full-Text Articles in Human Rights Law

Human Rights Hero - President Barack Obama, Stephen Wermiel Jan 2009

Human Rights Hero - President Barack Obama, Stephen Wermiel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2009

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman Jan 2009

Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The 60th Anniversary Of The Udhr, Juan E. Mendez Jan 2009

The 60th Anniversary Of The Udhr, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman Jan 2009

History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

This article examines the historical origins of the Inter-American human rights system and key achievements of the Inter-American Commission on Human Rights over the past fifty years. The article also focuses on various notable activities and achievements of the Commission during three discreet periods between 1960 and 2004. It explores the Commission’s use of on-site visits and country reports to expose human rights violations of military governments during the 1970s and its increased use of the case system since the restoration of democratic rule in the 1990s. The article notes how key themes and shifts in US foreign policy, from …


Human Rights Hero - Sandra Day O'Connor, Stephen Wermiel, Michael S. Greco Jan 2009

Human Rights Hero - Sandra Day O'Connor, Stephen Wermiel, Michael S. Greco

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman Jan 2009

Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Human Rights Implications Of Climate Change, David Hunter Jan 2009

Human Rights Implications Of Climate Change, David Hunter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


A Change Is Gonna Come: The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin Jan 2009

A Change Is Gonna Come: The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin

Articles & Chapters

As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective1 the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …


The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill Jan 2009

The Witness Who Saw, He Left Little Doubt: A Comparative Consideration Of Expert Testimony In Mental Disability Law Cases, Michael L. Perlin, Astrid Birgden, Kris Gledhill

Articles & Chapters

The question of how courts assess expert evidence - especially when mental disability is an issue - raises the corollary question of whether courts adequately evaluate the content of the expert testimony or whether judicial decision making may be influenced by teleology (‘cherry picking’ evidence), pretextuality (accepting experts who distort evidence to achieve socially desirable aims), and/or sanism (allowing prejudicial and stereotyped evidence). Such threats occur despite professional standards in forensic psychology and other mental health disciplines that require ethical expert testimony. The result is expert testimony that, in many instances, is at best incompetent and at worst biased. The …


Globalization, Investing In Law, And The Careers Of Lawyers For Social Causes—Taking On Rights In Thailand, Frank W. Munger Jan 2009

Globalization, Investing In Law, And The Careers Of Lawyers For Social Causes—Taking On Rights In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.


Global Funder, Grassroots Litigator—Judicialization Of The Environmental Movement In Thailand, Frank W. Munger Jan 2009

Global Funder, Grassroots Litigator—Judicialization Of The Environmental Movement In Thailand, Frank W. Munger

Articles & Chapters

No abstract provided.


Imagine All The Women: Power, Gender And The Transformative Possibilities Of The South African Constitution, Penelope Andrews Jan 2009

Imagine All The Women: Power, Gender And The Transformative Possibilities Of The South African Constitution, Penelope Andrews

Articles & Chapters

This chapter will explore the South African Constitution, and more particularly, the Bill of Rights, as a vehicle for social and economic transformation. By analyzing the provisions relating to gender equality in South Africa's Constitution, as well as decisions of the Constitutional Court, this chapter will examine whether theconstitutional rights framework in South Africa contains within it the transformative possibilities that will lead to gender equality in all spheres of South African society, and particularly in the economic sphere.


Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin Jan 2009

Where The Home In The Valley Meets The Damp Dirty Prison: A Human Rights Perspective On Therapeutic Jurisprudence And The Role Of Forensic Psychologists In Correctional Settings, Astrid Birgden, Michael L. Perlin

Articles & Chapters

The roles of forensic psychologists in coerced environments such as corrections include that of treatment provider (for the offender) and that of organizational consultant (for the community). This dual role raises ethical issues between offender rights and community rights; an imbalance results in the violation of human rights. A timely reminder of a slippery ethical slope that can arise is the failure of the American Psychological Association to manage this balance regarding interrogation and torture of detainees under the Bush administration. To establish a “bright-line position” regarding ethical practice, forensic psychologists need to be cognizant of international human rights law. …


Introduction [Comments], Andrew Scherer Jan 2009

Introduction [Comments], Andrew Scherer

Articles & Chapters

No abstract provided.


The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa Jan 2009

The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa

Articles by Maurer Faculty

No abstract provided.


The Human Rights Potential Of Sovereign Wealth Funds, Christiana Ochoa, Patrick Keenan Jan 2009

The Human Rights Potential Of Sovereign Wealth Funds, Christiana Ochoa, Patrick Keenan

Articles by Maurer Faculty

In April, 2008, World Bank president, Robert Zoellick, called for sovereign wealth funds to invest one percent of their capital in Africa. The result will be the International Finance Corporation's Sovereign Funds Initiative and is an attempt to nurture the potential of sovereign wealth funds to contribute to economic development and improved well-being in a number of countries in Africa and elsewhere. This article explores the actual potential of the Sovereign Funds Initiative to realize its desired goals. After exploring and demonstrating the disappointing effects of natural resource wealth, development aid and foreign direct investment on some developing countries, the …


On Dignity And Whether The Universal Declaration Of Human Rights Remains A Place Of Refuge After 60 Years , Adrienne Anderson Jan 2009

On Dignity And Whether The Universal Declaration Of Human Rights Remains A Place Of Refuge After 60 Years , Adrienne Anderson

American University International Law Review

No abstract provided.


International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson Jan 2009

International Human Rights Law, Co-Parent Adoption, And The Recognition Of Gay And Lesbian Families, Elizabeth Burleson

Elisabeth Haub School of Law Faculty Publications

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the legal recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This Article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.


Human Dignity, Humiliation, And Torture, David Luban Jan 2009

Human Dignity, Humiliation, And Torture, David Luban

Georgetown Law Faculty Publications and Other Works

Modern human rights instruments ground human rights in the concept of human dignity, without providing an underlying theory of human dignity. This paper examines the central importance of human dignity, understood as not humiliating people, in traditional Jewish ethics. It employs this conception of human dignity to examine and criticize U.S. use of humiliation tactics and torture in the interrogation of terrorism suspects.


Narratives Of Oppression, Michael E. Tigar Jan 2009

Narratives Of Oppression, Michael E. Tigar

Faculty Scholarship

No abstract provided.


When Does Might Make Right? Using Force For Regime Change, John Linarelli Jan 2009

When Does Might Make Right? Using Force For Regime Change, John Linarelli

Scholarly Works

Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …


Finding A Balance: Creating An International Exhaustion Requirement For The Alien Tort Statute, Lauren E. Holtzclaw Jan 2009

Finding A Balance: Creating An International Exhaustion Requirement For The Alien Tort Statute, Lauren E. Holtzclaw

Georgia Law Review

Foreign victims of human rights violations have several available forums for redress. Some victims file suit under the Alien Tort Statute (ATS), which grants federal courts the jurisdiction to provide redress to victims of egregious human rights violations. The ATS does not have an express exhaustion requirement, and the U.S. Supreme Court has not directly addressed this issue. The Court recently indicated, however, that it might consider a local or international exhaustion requirement. Many scholars advocate a local exhaustion requirement,but this fails to provide the best chance of redress to victims of human rights abuses. Additionally, a local exhaustion requirement …


Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison Jan 2009

Andy Nuñez: His Life, Career, & Contributions, Bridgette Burbank, Jerold Widdison

Water Matters!

For years and years, reaching back well before his time in the Legislature, Rep. Nuñez has been a strong advocate not only for the state’s people but for its land and water resources.


Proportional Deportation, Angela M. Banks Jan 2009

Proportional Deportation, Angela M. Banks

Faculty Publications

No abstract provided.


Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein Jan 2009

Book Review Of Freedom From Poverty As A Human Right: Who Owes What To The Very Poor?, Michael Ashley Stein

Faculty Publications

No abstract provided.


International Human Rights Law And Security Detention, Douglass Cassel Jan 2009

International Human Rights Law And Security Detention, Douglass Cassel

Journal Articles

This article analyzes the grounds, procedures, and conditions required by International Human Rights Law for preventive detention of suspected terrorists as threats to security. Such detention is generally permitted, provided it is based on grounds and procedures previously established by law; is not arbitrary, discriminatory, or disproportionate; is publicly registered and subject to fair and effective judicial review; and the detainee is not mistreated and is compensated for any unlawful detention. In Europe, however, preventive detention for security purposes is generally not permitted. If allowed at all, it is permitted only when a State in time of national emergency formally …


Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead Jan 2009

Bioethics And Self-Governance: The Lessons Of The Universal Declaration On Bioethics And Human Rights, O. Carter Snead

Journal Articles

The following article analyzes the process of conception, elaboration, and adoption of the Universal Declaration of Bioethics and Human Rights, and reflects on the lessons it might hold for public bioethics on the international level. The author was involved in the process at a variety of levels: he provided advice to the IBC on behalf of the President's Council of Bioethics; he served as the U.S. representative to UNESCO's Intergovernmental Bioethics Committee; and led the U.S. Delegation in the multilateral negotiation of Government experts that culminated in the adoption of the declaration in its final form. The author is currently …