Human Rights Law Commons^™

Projecting The Washington College Of Law Into The Future, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley

Cardozo Law Review

The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …

Democracy And Pluralism: A Critique Of The Rationalist Approach, Chantal Mouffe

Cardozo Law Review

In recent decades, categories like ,"human nature," "universal reason," and "rational autonomous subject" increasingly have been questioned. From different standpoints, a variety of thinkers have criticized the ideas of a universal human nature, of a universal canon of rationality through which that human nature could be known, as well as the possibility of an unconditional universal truth. Such a critique of Enlightenment's universalism and rationalism, which is sometimes referred to as "postmodernism," has been presented by some authors, for example, Jirgen Habermas, as constituting a threat to the modem democratic project. They consider that the link existing between the democratic …

Remarks Cecilia Medina-Quiroga Conference On The Interventional Protection Of Reproductive Rights: Reproduction, Rights, And Reality: How Facts And Law Can Work For Women , Cecelia Medina-Quiroga

American University Law Review

No abstract provided.

Ideology As Cultural Software, J. M. Balkin

Cardozo Law Review

This essay concerns one of the apparent casualties of the rise of postmodernism-the theory of ideology. In fact, the "theory of ideology" has never been a unitary theory. From its inception the concept of ideology has always been contested, and hence the theory has generated many variations. The most common version asserts that individuals are afflicted with beliefs that in some way mystify or obscure social reality. This mystification in turn works to the advantage of some classes and to the disadvantage of others. This formulation was developed most prominently within the marxist tradition; it has proved a tempting but …

Rights In Psychoanalytic And Feminist Perspective, Renata Salecl

Cardozo Law Review

All major philosophical schools todaytake some position on the issue of human rights. On the one hand, so-called postmodern theorists ask how we can understand the narrative of human rights when we no longer believe that its claims are true or that metanarratives are even possible. Instead of searching for first principles and metanorms, postmodernists analyze the discursive form of the notion of rights and read this form as a part of the historically limited Enlightenment project that today has lost its relevance. Neo-Kantians, on the other hand, speak in favor of the notion of human rights and try to …

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

Adoption Nightmares Prompt Judicial Recognition Of The Tort Of Wrongful Adoption: Will New York Follow Suit?, Marci J. Blank

Cardozo Law Review

On May 13, 1966, Martin and Phyllis Juman adopted a sixteenmonth-old baby boy named Michael. The adoption agency, Louise Wise Services, represented to the Jumans that Michael was healthy. However, over the past twenty-seven years, Michael, now twentyeight, has experienced a myriad of psychological problems and has been hospitalized on several occasions.

The Inter-American System And Asylum, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Addressing Gross Human Rights Abuses: Punishment And Victim Compensation, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Merryman Power And The Dilemma Of Autonomous Executive Branch Interpretation, Michael Stokes Paulsen

Cardozo Law Review

Most everybody today concedes some degree of executive branch autonomy in the interpretation of federal law. The examples most frequently given of areas of executive interpretive autonomy involve situations where the President interprets the law incident to the exercise of those constitutional powers that are thought to be exclusively presidential (and thus unreviewable by the courts), such as the pardon and the veto. The President may grant a pardon (it is generally conceded) on legal grounds rejected by the courts. For example, he may issue a pardon based on his opinion that a conviction was unconstitutional, notwithstanding the judiciary's contrary …

Protecting The Office Of Legal Counsel From Itself, Harold Hongju Koh

Cardozo Law Review

Pardon me if I act like a black sheep at this symposium of Office of Legal Counsel ("OLC") alumni. Like most OLC alumni, I share the genuine affection and respect for the Office and its traditions that this symposium reflects. But at the same time, I cannot fully accept the undertone of self-congratulation that pervades this panel's two principal papers. My discomfort grows from the inordinate amount of time that I have spent over the last few years disagreeing with OLC positions, particularly in three areas of United States foreign policy. The first concerns the "Iran-Contra" prosecution of Oliver North …

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Copenhagen Document: Intervention In Support Of Democracy, Malvina Halberstam

Articles

No abstract provided.

Autopoiesis And Positivism, Richard Weisberg

Cardozo Law Review

No abstract provided.

Open Justice In A Closed Legal System?, Bernhard Schlink

Cardozo Law Review

No abstract provided.

The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown

All Faculty Scholarship

No abstract provided.

The Legal Regime Governing The Conduct Of Operation Desert Storm, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On The Necessity Of Violence For Any Possibility Of Justice: A Comment, Jean L. Cohen

Cardozo Law Review

No abstract provided.

Violence And Justice: Baudelaire's Assommons Les Pauvres!, Jonathan Culler

Cardozo Law Review

Roundtable - The Call to the Ethical: Deconstruction, Justice and the Ethical Relationship - Group 1

Intellectual Property Protection For The Creative Chef, Or How To Copyright A Cake: A Modest Proposal, Malla Pollack

Cardozo Law Review

No abstract provided.

Islam And The State, Ann Elizabeth Mayer

Cardozo Law Review

No abstract provided.

Islam And The State: The Problems Of Establishing Legitimacy And Human Rights, James C.N. Paul

Cardozo Law Review

No abstract provided.

The Power Of An Idea: The Impact Of United States Human Rights Policy, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Reply To Professor Nino, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Settling Accounts: The Duty To Prosecute Human Rights Violations Of A Prior Regime, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

A Miracle, A Universe: Settling Accounts With Torturers, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Judgment After The Fall, Barbara Herrnstein Smith

Cardozo Law Review

No abstract provided.

Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn

Scholarly Works

As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the …

Whose Womb Is It Anyway: Are Paternal Rights Alive And Well Despite Danforth?, Ruth H. Axelrod

Cardozo Law Review

No abstract provided.