Human Rights Law Commons^™

How Best To Strengthen The Inter-American Commission And Court, Viviana Krsticevic

Human Rights Brief

No abstract provided.

Reflections On Uruguayan Law No. 18831 A Year After Its Enactment, Felipe Michelini

Human Rights Brief

No abstract provided.

Panel Iii: Challenges In The Implementation Of The Decisions Of The Committee Against Torture, Karinna Moskalenko, Christian De Vos, Elsy Chemurgor Sainna

Human Rights Brief

No abstract provided.

Is Ecuador That Wrong?: Analyzing The Ecuadorian Proposals Concerning The Special Rapporteurship On Freedom Of Expression Of The Inter-American Commission On Human Rights, Oswaldo R. Ruiz-Chiriboga

Human Rights Brief

No abstract provided.

The Role Of The Inter-American Commission And Court Of Human Rights In The Protection Of Human Rights: Achievements And Contemporary Challenges, Mónica Pinto

Human Rights Brief

No abstract provided.

Criminal Courts And Tribunals, Tracy French, Megan Wakefield, William Xu, Alli Assiter

Human Rights Brief

No abstract provided.

Intergovernmental Organizations, Frank Knaack

Human Rights Brief

No abstract provided.

Globalization And Law: Law Beyond The State, Ralf Michaels

Faculty Scholarship

The chapter provides an introduction into law and globalization for sociolegal studies. Instead of treating globalization as an external factor that impacts the law, globalization and law are here viewed as intertwined. I suggest that three types of globalization should be distinguished—globalization as empirical phenomenon, globalization as theory, and globalization as ideology. I go on to discuss one central theme of globalization, namely in what way society, and therefore law, move beyond the state. This is done along the three classical elements of the state—territory, population/citizenship, and government. The role of all of these elements is shifting, suggesting we need …

The Culture Of Rights Protection In Canadian Refugee Law: Examining The Domestic Violence Cases, Efrat Arbel

All Faculty Publications

This article examines Canadian refugee law cases involving domestic violence, analyzed through a comparison with cases involving forced sterilization and genital cutting. Surveying 645 reported decisions, it suggests that Canadian adjudicators generally adopted different methods of analysis in refugee cases involving domestic violence, as compared with these other claims. The article argues that Canadian adjudicators rarely recognized domestic violence as a rights violation in itself but, instead, demonstrated a general predisposition toward finding domestic violence persecution in cultural difference. That is, adjudicators tended to recognize domestic violence claimants not as victims of persecutory practices but rather as victims of persecutory …

Positive Obligations And Criminal Justice: Duties To Protect Or Coerce?, Liora Lazarus

All Faculty Publications

This chapter explores the relationship between criminal law, criminal process and human rights from a slightly different perspective. It demonstrates that while human rights may well be used to limit the excesses of security and law and order politics, the nature of the relationship between human rights and criminal justice cannot be captured alone by the view of rights as a limit on the coercive reach of the criminal law and criminal justice institutions. Increasingly, human rights, cast as positive rights, have resulted in claims for the extension of the criminal law, the creation of preventative duties or ‘protective policing …

Torture By The U.S.A.: How Congress Can Ensure Our Human Rights Credibility, 46 J. Marshall L. Rev. 1209 (2013), Kyle Mcconnell

UIC Law Review

No abstract provided.

Perpetual Injustice: The Twenty-Year Battle For Reparations In Peru, Aida Faverio, Anna Naimark

Human Rights Brief

No abstract provided.

Book Review: He Weifang, In The Name Of Justice: Striving For The Rule Of Law In China, Drew Mitnick

Human Rights Brief

No abstract provided.

Panel Ii: The Role Of The Committee Against Torture In Providing Full And Adequate Reparation To Victims, Claudio Grossman, Octavio Amezcua

Human Rights Brief

No abstract provided.

Sixth Colloquium On Challenges In International Refugee Law: Introduction, James C. Hathaway

Michigan Journal of International Law

The goal of the Sixth Colloquium on Challenges in International Refugee Law was to develop a principled and workable framework to guide the process of considering the exclusion from refugee status of persons believed to have committed international crimes.

The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not: On The Human Rights Of Kidnapped Seamen And Their Families, Barry H. Dubner, Kimberly Chavers

Faculty Scholarship

No abstract provided.

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.

Extraterritoriality And Human Rights After Kiobel, Beth Stephens

Maryland Journal of International Law

No abstract provided.

Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt

Maryland Journal of International Law

No abstract provided.

Extraterritoriality And The Rule Of Law: Why Friendly Foreign Democracies Oppose Novel, Expansive U.S. Jurisdiction Claims By Non-Resident Aliens Under The Alien Tort Statute, Donald I. Baker

Maryland Journal of International Law

No abstract provided.

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.

The Challenges Of Delivering International Humanitarian Aid In A Post-9/11 Global Framework, Catherine Gonzalez

Maryland Journal of International Law

No abstract provided.

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.

Symmetry For Symmetry’S Sake: Why Bose Does Not Require Independent Review Of A Trial Court’S First-Amendment-Favorable Findings Of Fact, Joshua Wurtzel

Cardozo Law Review de•novo

This Note argues that Bose does not support the symmetrical application of independent review of facts by appellate courts in First Amendment cases, regardless of whether the First Amendment claimant won or lost below. While symmetrical procedures and results may be desirable in most parts of the law, symmetry is not required where that symmetry will inhibit a greater constitutional interest. In the independent review context, symmetrical application of Bose results in the reversal of First Amendment wins that would otherwise be upheld under clear error review. This result is clearly antithetical to Bose’s purpose of enhancing First Amendment protections.

Introduction: China Re-Rising: Innovation And Collaboration For A Successful Twenty-First Century, Lindsay Korotkin

Cardozo Law Review de•novo

All eyes are on China in the twenty-first century, as it emerges as one of the fastest growing economies in the world. At the same time, losses in various industries are attributed to piracy—a substantial amount of which is alleged to occur within China’s borders—and the Chinese government is routinely criticized for its weak enforcement measures against counterfeiting activities and intellectual property infringement on its soil. Cardozo Law Review de•novo’s online symposium, “China Re-Rising: Innovation and Collaboration for a Successful Twenty-First Century” focuses on China’s overall transition from a manufacturing to an innovation economy and how this transition affects …

The Michigan Guidelines On The Exclusion Of International Criminals

Michigan Journal of International Law

With a view to promoting a shared understanding of the proper approach to Article 1(F)(a) exclusion from refugee status, we have engaged in sustained collaborative study and reflection on relevant norms and state practice. Our research was debated and refined at the Sixth Colloquium on Challenges in International Refugee Law, convened in March 2013 by the University of Michigan’s Program in Refugee and Asylum Law. These Guidelines are the product of that endeavor, and reflect the consensus of Colloquium participants on how decision makers can best ensure the application of Article 1(F)(a) in a manner that conforms to international legal …

Transcending Victimhood: Child Soldiers And Restorative Justice, In Victims Of International Crimes: An Interdisciplinary Discourse (Thorsten Bonacker & Christoph Safferling Eds., 2013), Mark A. Drumbl

Books and Chapters

The international community strives to eradicate the scourge of child soldiering. Mostly, though, these efforts replay the same narratives and circulate the same assumptions. This chapter, which takes a second look at these efforts, aspires to refresh law and policy so as to improve preventative, restorative, and remedial initiatives while also vivifying the dignity of youth. As a starting point, this chapter proposes that the dominant language used to characterise child soldiers—that of passive victimhood—be revisited so as to better recognise the potentiality of child soldiers to participate in and lead post-conflict reconstructive efforts. This chapter suggests a variety of …

Beyond A Beautiful Fraud: Using A Human Rights Framework To Realize The Promise Of Democracy, Janel A. George

University of Baltimore Law Review

"[Politics] is a beautiful fraud that has been imposed on the people for years . . ."

-The late Honorable Shirley Chisholm'

Food: A Human Rights Issue Ignored In Sociology, Kathryn Strother Ratcliff, Trisha Tiamzon

Societies Without Borders

Mainstream sociology, including the sociology of health, has been remiss by ignoring food as an important human right both in the United States and globally. This article documents the neglect of food as a topic of sociological inquiry and argues for the centrality of a sociological lens in understanding food as a human right. Sociological ideas are important in understanding forces which have encouraged the globalization of food production and distribution, decreased the equality of access to nutritious food, and threatened core human rights. Sociologists as teachers and researchers need to become academic activists on this important human rights topic.

The Violence Of Nonviolence: Problematizing Nonviolent Resistance In Iran And Egypt, Sean Chabot, Majid Sharifi

Societies Without Borders

Our central argument is that the hegemonic story of nonviolent resistance is reinforcing the underlying hegemonic story of neoliberalism. It is hard to dispute that the most popular brand of nonviolence, articulated by Gene Sharp and his followers, has helped people overthrow authoritarian regimes across the globe. Yet Sharp’s nonviolence also promotes the spread of neoliberal freedom and democracy, which cause multiple forms of visible and invisible violence. This article’s first section examines significant details in Sharp’s hegemonic story of nonviolent resistance and problematizes its limited understanding of violence. The following section relates Sharp’s approach to Iran’s Green Movement and …