Human Rights Law Commons^™

The Social And Legal Construction Of Nonpersons, Kevin R. Johnson

University of Miami Inter-American Law Review

No abstract provided.

The Role Of Transnational Identity And Migration, Enid Trucios-Haynes

University of Miami Inter-American Law Review

No abstract provided.

Human Rights In International Economic Law, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.

Considering "Third Generation" International Human Rights Law In The United States, Natsu Taylor Saito

University of Miami Inter-American Law Review

No abstract provided.

Mexico's El Cuchillo Dam Project, Raúl M. Sánchez

University of Miami Inter-American Law Review

No abstract provided.

Great Expectations: The North American Commission On Environmental Cooperation Review Of The Cozumel Pier Submission, David G. Schiller

University of Miami Inter-American Law Review

No abstract provided.

Death Penalty: A Philosophical And Theological Perspective, 30 J. Marshall L. Rev. 463 (1997), Walter Berns, Nancy Bothne, William Bowers, Richard Dieter, Richard Land, James Lund, Austin Sarat

UIC Law Review

No abstract provided.

Book Review, S. Candice Hoke

Law Faculty Articles and Essays

The author reviews Federalism and Rights by Ellis Katz and G. Alan Tarr and To Make a Nation: The Rediscovery of American Federalism by Samuel H. Beer.

Sex, Culture, And Rights: A Re/Conceptualization Of Violence For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

The central theme of this Article, "Sex, Culture, and Rights: A Re/conceptualization of Violence," is that a re/vision of acts that constitute violence against women is necessary for gender equality -- both domestically and internationally -- to become a reality. This reconceptualization must address not only the normative concept of violence, i.e., the use of physical force, but it must also transform and reposition the idea of violence within a broader framework that includes, considers and aims to eradicate (1) psychological, social and political subordination of women; (2) male dominant (and female subservient) cultural and traditional practices; as well as …

Informed Consent To Human Subject Research: Improving The Process Of Obtaining Informed Consent From Mentally Ill Persons, Dorothy Derrickson

Fordham Urban Law Journal

This Note demonstrates that the federal regulations regarding human subject research must provide more specific guidelines that emphasize the process of obtaining informed consent from persons with mental illnesses. Part I discusses schizophrenia as a case example of mental illness that requires more stringent informed consent standards in human subject research. Part II describes the legal foundations of informed consent to human experimentation and the current federal regulations for human subject research. Part III examines the inadequacy of current federal regulations for mentally ill research subjects and proposes revisions to ensure that mentally ill persons provide adequate informed consent to …

"Toward The Reformulation Of International Refugee Law" Research Report 1992-1997, James C. Hathaway

Other Publications

Discussions of the crisis in international refugee protection are frequently characterized by rhetorical excess, in which some ascribe all problems to malevolent states, while others are equally insistent that fraudulent asylum-seekers are solely to blame. This study was based, in contrast, on a recognition of the real systemic difficulties that jeopardize the viability of refugee protection. Its purpose was to devise a principled yet pragmatic way to reconcile state interests to the continued importance of access to asylum for those who need it.

The essence of our thesis is that the withdrawal of states from their legal responsibility to protect …

Law And Religion In Israel And Iran: How The Integration Of Secular And Spiritual Laws Affects Human Rights And The Potential For Violence, S. I. Strong

Faculty Articles

Because law and religion are by themselves complex cultural and historical issues, any study of the interaction between the two will be at least as complicated. If one is to understand both a State's current re­ligio-legal regime and what reform measures are most likely to succeed there, it is necessary to understand at least a little of the nation's history and majority religion. Therefore, Part I of this article provides a brief sketch of the principles of the two majority religions at issue in this dis­cussion and an overview of the history of both Israel and Iran. It explains why …

Migration, Identity & The Colonial Encounter, Tayyab Mahmud

Faculty Articles

The immigrant puts at issue assumptions of inviolability of borders, territoriality of sovereignty, and exclusivity of citizenship - fundamental characteristics of the modern state. The immigrant calls into question cultural homogeneity, linguistic commonality, shared history, and security of identity - the key ideologies of the nation. This article explores these issues by locating them in spatial and temporal sites removed from the common foci of current immigration debates. Using three stories of migration from colonial and postcolonial South Asia, the first part of the article demonstrates that within the general context of empire and imperialism, the determinants and processes of …

Group Agency And Group Rights, James W. Nickel

Articles

No abstract provided.

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Violence Against Aboriginal Women In Australia: Possibilities For Redress Within The International Human Rights Framework, Penelope Andrews

Articles & Chapters

This Article addresses the issue of violence against Aboriginal women. Part I concerns the historical violenceagainst Aboriginal people generally, and Part II concerns violence against Aboriginal women in particular. Part III considers how the priorities and perspectives of Aboriginal women and non-Aboriginal women differ insignificant ways despite their congruence in others. In particular, the Article evaluates the awkward relationship between Aboriginal women and the largely white feminist movement in Australia as a consequence of these different priorities and perspectives, and suggests how political victories for white or non-Aboriginal women could be translated into gains for Aboriginal women. The fourth part …

Making International Refugee Law Relevant Again: A Proposal For Collectivized And Solution-Oriented Protection, James C. Hathaway, R. Alexander Neve

Articles

International refugee law is in crisis. Even as armed conflict and human rights abuse continue to force individuals and groups to flee their home countries, many governments are withdrawing from the legal duty to provide refugees with the protection they require. While governments proclaim a willingness to assist refugees as a matter of political discretion or humanitarian goodwill, they appear committed to a pattern of defensive strategies designed to avoid international legal responsibility toward involuntary migrants. Some see this shift away from a legal paradigm of refugee protection as a source for enhanced operational flexibility in the face of changed …

Women's Rights In International Law, Valerle A. Dormady

Vanderbilt Journal of Transnational Law

This Note contains a detailed review of state responses to the Platform for Action produced at the United Nations' Fourth World Conference on Women. The Author finds that this consensus was reached on most of the proposals outlined in the Platform for Action. Certain proposals, however, regarding reproductive and Inheritance issues, were subject to a great deal of dispute during the drafting of the Platform for Action, and many countries ultimately registered reservations as to these proposals. While the news reports of the Fourth World Conference on Women focused on the lobbying activities of both Islamic countries and Catholic countries, …

Selected Bibliography: The Reintegration Of Hong Kong Into China, Audrey E. Haroz, Jonathan R. Smith

Vanderbilt Journal of Transnational Law

The reintegration of Hong Kong into the People's Republic of China (hereinafter P.R.C.) on July 1, 1997, brought together two countries, one capitalist and one communist, under one rule. As evidenced by the variety of perspectives offered at the Vanderbilt Journal of Transnational Law's Symposium on Hong Kong's Reintegration into the P.R.C., there is much scholarly debate concerning this merger and the effect it will have on the people and politics of both countries as well as on the international community.

An earlier version of this bibliography is included in the May 1997 issue of the Journal. This bibliography has …

Immigration - Refugee Act Of 1980 - Resistance To Female Circumcision As Grounds For Political Asylum In The United States, Linda A. Malone

Faculty Publications

No abstract provided.

Transitional Jurisprudence: The Role Of Law In Political Transformation., Ruti Teitel

Articles & Chapters

No abstract provided.

Hope And Despair For A New South Africa: The Limits Of Rights Discourse, Makau Wa Mutua

Journal Articles

This article is a critique of the struggle to end apartheid in South Africa. It explores the assumptions employed by the African National Congress and the international community to construct a post-apartheid society. It argues that the reliance on the law as the key medium for economic, social, and political change was insufficient to transform the legacy of apartheid. Instead, the piece contends that apartheid was privatized and its beneficiaries protected under the new dispensation. It makes the argument that the lot of the black majority is unlikely to be changed such gradualist approach to social change.

Sovereignty, Judicial Assistance And Protection Of Human Rights In International Criminal Tribunals, Kenneth S. Gallant

Law Faculty Scholarship

No abstract provided.

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Scholarly Articles in Law Reviews & Journals

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

Home Is Where The Brute Lives: Asylum Law And Gender-Based Claims Of Persecution, Anjana Bahl

Cardozo Journal of Equal Rights & Social Justice

The article argues that gender-based persecution should be recognized as a valid ground for asylum under the refugee definition, emphasizing the need to expand the interpretation of "particular social group" to include women facing persecution due to their gender. It highlights the challenges women face in meeting the legal standards for asylum, particularly under U.S. law, and advocates for a more inclusive framework to address gender-based violence and discrimination.

... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana

Vanderbilt Journal of Transnational Law

With the formation of the Bosnian and Rwandan War Crimes Tribunals, the international community has created a mechanism for the enforcement of human rights law for the first time since the Nuremburg and Tokyo War Trials. The efficacy of these tribunals, however, is in doubt. This Note proposes that only a few human rights are truly universal in nature and can be guaranteed by the international community. Furthermore, the political realities of the international system precludes the use of international tribunals against the more powerful nations of the international community. The Note concludes that by focusing on the human rights …

Preface, Laurelyn E. Douglas

Vanderbilt Journal of Transnational Law

The symposium, HONG KONG'S REINTEGRATION INTO THE PEOPLE'S REPUBLIC OF CHINA: CONSTITUTIONAL ISSUES, POLICY APPROACHES & HUMAN RIGHTS CONCERNS, AND ECONOMIC & LEGAL IMPLICATIONS, was held at the Vanderbilt University School of Law on March 28-29. 1997. Featuring presentations by diverse speakers from a variety of places and perspectives, the symposium addressed a broad range of issues. Topics ranged from comparative constitutional law to human rights and practical business concerns. While differences emerged, it was clear that fully understanding any one area requires knowledge of the others: the viability of markets may well depend upon the validity of documents proclaiming …

Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel, Stacy A. Feld

Vanderbilt Journal of Transnational Law

Every other year, the Vanderbilt Journal of Transnational Law presents a symposium on a current topic in international law and practice. This year's symposium, "Hong Kong's Reintegration into the People's Republic of China: Constitutional Issues, Policy Approaches & Human Rights Concerns and Economic & Legal Implications, was held at Vanderbilt University School of Law on March 28-29, 1997. Our goal was to provide a forum in which leading authorities on Hong Kong and China could come together and discuss constitutional, human rights, legal, and economic concerns surrounding the reintegration of Hong Kong into China.

The results of this Symposium have …