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Articles 151 - 180 of 368
Full-Text Articles in Human Rights Law
Group Rights: A Defense, David Ingram
Group Rights: A Defense, David Ingram
Philosophy: Faculty Publications and Other Works
Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …
Obama And Libya, Benjamin G. Davis
Obama And Libya, Benjamin G. Davis
Florida A & M University Law Review
No abstract provided.
Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi
Obama's Africa Policy On Human Rights, Use Of Force And Humanitarian Intervention: In Whose Interest, Vincent O. Nmehielle, John-Mark Iyi
Florida A & M University Law Review
No abstract provided.
Benevolent Assistance Or Bureaucratic Burden: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown
Benevolent Assistance Or Bureaucratic Burden: Promoting Effective Haitian Reconstruction, Self-Governance, And Human Rights Under The Right To Development, Jeffery M. Brown
Intercultural Human Rights Law Review
This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic material, security and social needs -from conceptual template to a binding normative framework under international law. As the poorest state in the western hemisphere, but also the recipient of significant influxes of foreign aid, Haiti exemplifies the underdevelopment dilemma. For despite the large sums of aid …
In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno
In Search Of Guidance: An Examination Of Past, Present, And Future Adjudications Of Domestic Violence Asylum Claims, Barbara R. Barreno
Vanderbilt Law Review
L-R- is a Mexican woman who applied for asylum in the United States in 2005. She is one of countless victims of gender-based violence, which in recent decades has become a matter of international concern and which policymakers around the world have taken steps to combat. The United States has been among the nations that have made eliminating gender-based violence a priority by passing such legislation as the Violence Against Women Act ("VAWA") and by creating two special forms of visas for victims of domestic violence. While great strides have been taken to protect immigrant women who are already in …
Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan
Misuse And Abuse Of Legal Argument By Analogy In Transjudicial Communication: The Case Of Zaheeruddin V. State, Amjad Mahmood Khan
Richmond Journal of Global Law & Business
This article explores the risks and limits of transjudicial communication. In particular, I critique the scholarly contention that transjudicial communication can be built upon commonly accepted methods of legal reasoning. I argue that transnational courts do not uniformly understand or apply commonly accepted methods of legal reasoning, especially legal argument by analogy. As a result, transnational courts that utilize transjudicial communication can and do render specious, even destructive, judicial opinions. I analyze the case of Zaheeruddin v. State—a controversial decision by the Supreme Court of Pakistan that upheld the constitutionality of Pakistan’s antiblasphemy ordinances. The Supreme Court of Pakistan poorly …
El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina, Jamila A. Humphrie
El Derecho Para Decir “Sí, Quiero”: El Movimiento Lgbtq En Los Ee.Uu., España, Y La Argentina, Jamila A. Humphrie
Hispanic Studies Honors Projects
This Honors Project reflects my four years of experiences as a student of the Hispanic Studies Department. The project incorporates my experience and research conducted during my study abroad experience in Argentina, Spanish, and critical study and theory. Throughout the project, I examine the dichotomy between assimilation and liberation as a framework for the LGBTQ movement, and the commonalities in the histories of the three countries. My thesis states that: as a result of globalization and what I call the transatlantic trade of ideas, the LGBTQ movements in Spain, Argentina and the U.S. have all adapted a limited and ultimately …
"Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri
"Land Is Life, Land Is Power": Landlessness, Exclusion, And Deprivation In Nepal, Elisabeth Wickeri
Crowley Mission Reports
Up to one quarter of the world’s poor is estimated to be landless, a condition that in rural areas is often the best predictor of poverty and hunger. Access to land and its resources, land tenure security, ownership and control over land, and the ability to dispose of land or transfer rights in land are necessary for the fulfillment of fundamental human rights, and are frequently tied to the indigenous, ethnic, and cultural identities of peoples. The social and economic impacts of landlessness, including hunger, threats to health, homelessness, and exploitative labor conditions, create conditions intensifying exploitation by both landowners …
Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld
Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld
Law Publications
No abstract provided.
Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd
Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd
Center for the Human Rights of Children
In 2007, the International Organization for Adolescents (IOFA), under the leadership of Katherine Kaufka Walts the then Executive Director, developed and launched the Building Child Welfare Response to Child Trafficking project. The purpose of this project is to build the capacity of child welfare agencies and service providers to identify and respond to this often invisible and underserved population. The primary goals are to ensure that children are correctly identified as trafficked persons and that they receive the appropriate protections and referrals to specialized services to which they are entitled under federal and state laws. This project, supported by funding …
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
Faculty Scholarship
“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the undesired result …
Striking A Balance Between Human Rights And Peace And Stability: A Review Of The European Court Of Human Rights Decision Sejdi´C And Finci V. Bosnia And Herzegovina, Céline Tran
Human Rights Brief
No abstract provided.
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Human Rights Brief
No abstract provided.
Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman
Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman
Human Rights Brief
No abstract provided.
Concluding Remarks, Mark Thomson, Claudio Grossman
Concluding Remarks, Mark Thomson, Claudio Grossman
Human Rights Brief
No abstract provided.
Transitional Justice In Burma: A Survey Of Accountability And National Reconciliation Mechanisms After Aung San Suu Kyi’S Release, Ari M. Levin
Human Rights Brief
No abstract provided.
The Citizens Of Democracy: Participation For Integration In The European Union After The Lisbon Treaty, Rossana Deplano
The Citizens Of Democracy: Participation For Integration In The European Union After The Lisbon Treaty, Rossana Deplano
Human Rights Brief
No abstract provided.
International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer
International Legal Updates, Anna Naimark, Christina Fetterhoff, Kyle Bates, Saralyn Salisbury, Rachael Curtis, Megan Wakefield, Thais-Lyn Trayer
Human Rights Brief
No abstract provided.
Collective V. Individual Human Rights In Membership Governance For Indigenous Peoples, Austin Badger
Collective V. Individual Human Rights In Membership Governance For Indigenous Peoples, Austin Badger
American University International Law Review
No abstract provided.
Losing Flavor: Indonesia's Wto Complaint Against The U.S. Ban On Clove Cigarettes , Lucas Ballet
Losing Flavor: Indonesia's Wto Complaint Against The U.S. Ban On Clove Cigarettes , Lucas Ballet
American University International Law Review
No abstract provided.
Decent Work For All: A Holistic Human Rights Approach , Gillian Macnaughton, Diane F. Frey
Decent Work For All: A Holistic Human Rights Approach , Gillian Macnaughton, Diane F. Frey
American University International Law Review
No abstract provided.
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Ngo Standing And Influence In Regional Human Rights Courts And Commissions, Lloyd Hitoshi Mayer
Journal Articles
This article explores the extent to which nongovernmental organizations (NGOs) have standing to bring claims in the European, Inter-American, and African human rights enforcement systems, examines the degree to which NGOs in fact bring such cases, and analyzes the ramifications of NGO involvement in these systems. Part I of this article considers how NGOs can be involved in the European Court of Human Rights, the Inter-American Human Rights Commission and the Inter-American Court of Human Rights, and the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights. As detailed in this part, while …
Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa
Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa
Articles by Maurer Faculty
There has been a long and fruitful discourse between and among legal academics and political scientists, known as international law (IL)-international relations (IL) scholarship. A great deal of that scholarship has discussed the effectiveness of particular IL regimes, usually as part of a larger discourse regarding the question of compliance with IL or international institutions, more generally, including agreed norms and soft law. This field of IL-IR scholarship has taken a fairly Westphalian and Weberian view of international law and of international relations, viewing states as the subjects of international law and, thus, seeing states as its subjects of study. …
Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young
Insite: Site And Sight (Part 1 - Insights On Insite), Margot Young
All Faculty Publications
The Insite case is a great study for students of constitutional law. The twinning of a claim of inter-jurisdictional immunity - in a somewhat novel application to provincial jurisdiction - to the assertion by some of Canada's most marginalized citizens of the fundamental freedoms of life, liberty, and security of the person delivers a compact and compelling recitation of basic features of Canada's constitutional landscape. The case is set in the landscape of the Vancouver's Downtown East-side (DTES) - a geography of spatial outcomes that reflects balances of economic and social power and displacement. This place has a specific demography …
The Dean F. Herzog Memorial Lecture: Religious Freedom Under Assault In The Middle East: An Imperative For The U.S. And International Community To Hold Governments To Account, 45 J. Marshall L. Rev. Iii (2011), Dwight Bashir
UIC Law Review
No abstract provided.
Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii
Bioethics And Human Rights: Toward A New Constitutionalism, George P. Smith Ii
Scholarly Articles
No abstract provided.
Interview: Rodrigo Escobar Gil, Commissioner At The Inter-American Commission On Human Rights, Evan Wilson, Charly Abbott
Interview: Rodrigo Escobar Gil, Commissioner At The Inter-American Commission On Human Rights, Evan Wilson, Charly Abbott
Human Rights Brief
No abstract provided.
"Male" Order Brides And International Marriage Brokers: The Costly Industry That Facilitates Sex Trafficking, Prostitution, And Involuntary Servitude, Carin M. Bowes
Cardozo Journal of Equal Rights & Social Justice
The article argues that the international marriage broker (IMB) industry, commonly associated with "mail-order brides," facilitates severe human rights violations, including sex trafficking, prostitution, and involuntary servitude. Despite legal efforts like the International Marriage Broker Regulation Act (IMBRA), the industry remains exploitative, with current regulations failing to adequately protect women from abuse and exploitation.
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Human Rights Brief
No abstract provided.
Protecting Women’S Human Rights: A Case Study In The Philippines, Tamar Ezer, Arwen Joyce, Priscila Mccalley, Neil Pacamalan
Protecting Women’S Human Rights: A Case Study In The Philippines, Tamar Ezer, Arwen Joyce, Priscila Mccalley, Neil Pacamalan
Human Rights Brief
No abstract provided.