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2012

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Articles 361 - 390 of 445

Full-Text Articles in Human Rights Law

Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J. Jan 2012

Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J.

Faculty Publications & Other Works

No abstract provided.

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Support And Defend: Civil-Military Relations In The Age Of Obama, Mark R. Shulman Jan 2012

Support And Defend: Civil-Military Relations In The Age Of Obama, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

Part I discusses A More Perfect Military: How the Constitution Can Make Our Military Stronger by law professor Diane Mazur, a new book that examines recent civil-military relations in the United States. Her carefully constructed work maintains that since the Vietnam era, the United States Supreme Court has hewn the armed forces from general society in order to create a separate—and more socially conservative—sphere. Part II discusses The Decline and Fall of the American Republic by constitutional scholar Bruce Ackerman, a wise and wide-ranging book that argues that the nation’s polity is in decline and that the increasingly politicized armed …

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The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali Jan 2012

The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali

Cardozo Journal of International and Comparative Law

No abstract provided.

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The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner Jan 2012

The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner

Cardozo Journal of International and Comparative Law

The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.

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Rights To Health Care In The United States: Inherently Unstable, David Orentlicher Jan 2012

Rights To Health Care In The United States: Inherently Unstable, David Orentlicher

Scholarly Works

No abstract provided.

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Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure Jan 2012

Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure

Scholarly Works

The Armenian Genocide during the waning days of the Ottoman Empire continues to represent one of history’s underappreciated atrocities. Comparatively few people even know about the 1.5 million deaths or the government-sponsored extermination attempt that provided Hitler with a blueprint for the Nazi Holocaust. Unlike the Holocaust, however, there was never any accounting demanded of those responsible for the Armenian Genocide. In the aftermath of both tragedies, insurers seized upon the resulting disarray and victimization to deny life insurance benefits owed as a result of the killings. American-based litigation to vindicate rights under the Armenian polices faced substantial legal and …

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Post-9/11 Lawyers, Trevor C. W. Farrow Jan 2012

Post-9/11 Lawyers, Trevor C. W. Farrow

Articles & Book Chapters

Based on notes made by the author during a visit to the World Trade Center site in lower Manhattan.

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Parochialism, Cosmopolitanism, And The Foundations Of International Law, Mortimer N.S. Sellers Jan 2012

Parochialism, Cosmopolitanism, And The Foundations Of International Law, Mortimer N.S. Sellers

Books

Summary: "This book determines the boundary between parochial and cosmopolitan justice. To what extent should law recognize or support the political, historical, cultural, and economic differences among nations? Ten lawyers and philosophers from five continents consider whether certain states or persons deserve special treatment or exemptions or heightened duties under international law. Parochialism and cosmopolitanism are the two faces of international law, which recognizes our common humanity by protecting us in our differences"-- Provided by publisher.

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Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks Jan 2012

Introductory Note To The European Court Of Human Rights (Gc): Şahin V. Turkey, Chris Jenks

Faculty Journal Articles and Book Chapters

This note introduces a Grand Chamber of the European Court of Human Rights decision which considered whether disparate outcomes from different court systems of the same state evaluating the same set of facts constituted a violation of the European Convention’s right to a fair hearing. While discussion of micro level Turkish procedural issues is required, the Şahin case also provides broader, macro lessons on the legitimacy of military court decisions.

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Human Trafficking Victim Identification: Should Consent Matter, 45 Ind. L. Rev. 483 (2012), Samuel Vincent Jones Jan 2012

Human Trafficking Victim Identification: Should Consent Matter, 45 Ind. L. Rev. 483 (2012), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

It is widely accepted that human trafficking is a global phenomenon that poses a significant problem within the United States. Despite its wealth and sophisticated law enforcement paradigms, the United States is the third largest destination country for human trafficking victims. In fact, human trafficking in the United States is increasing. Scholars have advanced a myriad of reasons to explain this problem. For example, some have pronounced the conscious neglect of men and boys in the investigation, reporting, and publicity of human trafficking a serious impediment to progress in combating trafficking. The ease with which corporations avoid prosecution under the …

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Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi Jan 2012

Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi

Journal of Law and Health

This Article consists of seven sections. Following the introduction, Part II reconstructs the debate as to whether Female Genital Ritual is a legitimate cultural practice or a human rights violation, and it sets forth the major arguments. Part III delves into, and debunks, the moral relativist argument regarding FGR. Part IV seeks to determine whether FGM is evil. A foray into the theory of evil, the section draws critical distinctions between FC and FGM and explains why the distinctions are of paramount moral importance. Part IV also concludes that FGM is evil, and thus, among the issues related to the …

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Beyond Nuremberg: A Critique Of Informed Consent In Third World Human Subject Research , Jacob Schuman Jan 2012

Beyond Nuremberg: A Critique Of Informed Consent In Third World Human Subject Research , Jacob Schuman

Journal of Law and Health

This Article discusses the history of informed consent, critically analyzes this principle, and suggests an alternative approach to informed consent. Part II explores the concept of informed consent, including its philosophical bases, its implementation through FDA regulations, and current proposals on how to protect the principle in drug testing conducted abroad. Part III performs a critical analysis of the principle of informed consent; first providing an empirical examination of the realities of Third World human subject research, and then questioning both the coherence of an abstract “right” to informed consent, as well as the possibility of truly autonomous “consent” to …

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Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People, John Bouman Jan 2012

Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People, John Bouman

Public Interest Law Reporter

No abstract provided.

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Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar Jan 2012

Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar

Public Interest Law Reporter

No abstract provided.

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Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas Jan 2012

Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas

Public Interest Law Reporter

No abstract provided.

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"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett Jan 2012

"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett

Public Interest Law Reporter

No abstract provided.

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No Longer "Forgotten": Specialized Judges To Guarantee Rights Of Romanian Children, Melina Rozzisi Jan 2012

No Longer "Forgotten": Specialized Judges To Guarantee Rights Of Romanian Children, Melina Rozzisi

Public Interest Law Reporter

No abstract provided.

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The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate Jan 2012

The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate

Florida A & M University Law Review

No abstract provided.

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How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page Jan 2012

How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page

Journal Publications

Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …

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Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld Jan 2012

Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld

Florida A & M University Law Review

No abstract provided.

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Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko Jan 2012

Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko

Florida A & M University Law Review

No abstract provided.

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China's Internet Policies Within The Global Community, Omar Saleem Jan 2012

China's Internet Policies Within The Global Community, Omar Saleem

Journal Publications

No abstract provided.

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Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith Jan 2012

Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith

Journal Publications

Computers are the cynosure of American society. As a result, most information is stored electronically and only a small amount of information ever becomes a paper document. This explosion of electronically stored information has affected every aspect of society, including the court system. Litigation is drastically different than a few years ago due to this onset of electronically stored information. The discovery of electronically stored information in litigation has become known as electronic discovery. For many, electronic discovery is expensive and complicated, and thus, litigants are settling frivolous cases to avoid the costs and complexities of engaging in discovery to …

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The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade, Cheryl Page Jan 2012

The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade, Cheryl Page

Journal Publications

Acts that occur in the underbelly of our global community can be shocking to many, but they occur every night and day right in our own neighborhoods. Sex trafficking, a derivative of human trafficking, is occurring in epidemic proportions on a global scale while the victims are suffering in silence. Sexual exploitation has taken the media forefront in recent years.' Much legislation has been passed to try to curb this illegal marketing of innocent women and children. Laws in various countries have been evaluated, studied, and researched and lead to the sad conclusion that these laws alone are insufficient in …

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Secular Crosses And The Neutrality Of Secularism, Marie E. Roper Jan 2012

Secular Crosses And The Neutrality Of Secularism, Marie E. Roper

Vanderbilt Journal of Transnational Law

This Note discusses analogous themes in two religious public display cases, Lautsi v. Italy, recently decided by the Grand Chamber of the European Court of Human Rights (ECHR), and Salazar v. Buono, recently handed down by the U.S. Supreme Court. Broader critiques of ECHR religious jurisprudence are addressed in the context of the interpretation and application of the principle of neutrality and the argument that secularism is not a necessary postulate of this demand. It is this theme of the relationship between neutrality and secularism that is also prominent in the American discussion about the relationship between government and religion. …

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Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr. Jan 2012

Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.

Journal Publications

This article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws …

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Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page Jan 2012

Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page

Journal Publications

Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …

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Human Dignity And Health Law: Personhood In Recent Bioethical Debates, Zachary R. Calo Jan 2012

Human Dignity And Health Law: Personhood In Recent Bioethical Debates, Zachary R. Calo

Scholarly Works

This Article considers how the idea of human dignity has shaped, and been shaped by, recent bioethical debates, particularly concerning the issue of genetic engineering and enhancement. While the language of human dignity has long had a role in bioethics, the issue of genetic manipulation has raised anew fundamental questions about the nature of personhood and the meaning of dignity. Particular attention is given to Ronald Green’s “Babies by Design,” George Kateb's “Human Dignity,” Gilbert Meilaender's “Neither Beast Nor God: The Dignity of the Human Person,” Robert George's and Christopher Tollefsen's “Embryo: A Defense of Human Life,” Michael Sandel’s “The …

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Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon Jan 2012

Tensions In Rhetoric And Reality At The Intersection Of Work And Immigration, Jennifer Gordon

Faculty Scholarship

No abstract provided.

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Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal Jan 2012

Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal

Faculty Scholarship

In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …

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