Human Rights Law Commons^™

Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping

Vanderbilt Journal of Transnational Law

This Article explores the human rights forecast following Hong Kong's reintegration into China. The Article first reviews the British human rights record in Hong Kong, and explains why China was angered by last-ditch British political reform. It then explores the legal framework of Hong Kong, including the Sino-British Joint Declaration and the Basic Law of Hong Kong, and concludes that neither offers significant protection for human rights in Hong Kong. In particular, Chinese state security and state secrets laws are likely to be used to suppress political dissidents, journalists, international organizations, and other "foreign elements" in Hong Kong. The Article …

South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz

Vanderbilt Journal of Transnational Law

South Africa's Bill of Rights is one of the most liberal and elaborate in the world. Consequently, South Africa is at the forefront of defining human rights for individuals, especially women. Concurrently, international law is slowly undergoing a reconceptualization of human rights documents and guarantees to define a more definitive, protective, and pro-active body of rights for women.

By upholding the constitutionality of the 1996 Abortion Act, South Africa can define its own Bill of Rights in liberal terms and ensure that the South African Constitution continues to receive a broad interpretation. A welcome result would be the improvement of …

The Scope Of Employer Liability For Employee Exposure To A Hazardous Substance: No Harm, No Foul? An Analysis Of Metro-North Commuter R.R. Co. V. Buckley, Barbara J. Fick

Journal Articles

This article previews the Supreme Court case Metro-North Commuter R.R. Co. v. Buckley, 521 U.S. 424 (1997). The author expected the Court to decide whether a railroad worker who is covered by the Federal Employer's Liability Act who has been exposed to asbestos because of employer negligence but who has not developed an asbestos-related disease can recover damages for emotional distress caused by the exposure.

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Accountability For Past Abuses, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Creation Of South Africa's Constitution: Introduction, Stephen J. Ellmann

Articles & Chapters

No abstract provided.

Justice Delayed Is Justice Denied: May A Prisoner's Challenge To Parole Revocation Be Delayed Until The Sentence Is Completed And Then Dismissed As Moot?, Jimmy Gurulé

Journal Articles

A preview of Spencer v. Kemna, a 1997 Supreme Court case where a prison inmate challenged the revocation of his parole by the state of Missouri. This case is significant because the inmate initiated his challenge while in prison and continued it after he had served his sentence and was released. Substantial confusion exists in case law regarding whether such a challenge would be considered moot after the inmate had completed serving his or her sentence. At issue is if the “collateral consequences” rule applies to challenges against parole revocations. The Court has ruled that challenges by individuals against their …

United States Ratification Of The Convention On The Elimination Of All Forms Of Discrimination Against Women, Malvina Halberstam

Articles

No abstract provided.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

Articles

No abstract provided.

Human Rights Of Indigenous Peoples: Will The United States Rise To The Occasion?, Dean B. Suagee

American Indian Law Review

No abstract provided.

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore

Faculty Scholarship

No abstract provided.

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson

BYU Law Review

No abstract provided.

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson

BYU Law Review

No abstract provided.

Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young

BYU Law Review

No abstract provided.

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry

Washington Law Review

As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …

Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt

Faculty Works

No abstract provided.

Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon

Faculty Articles

Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …

Noted Japanese Jurist Speaks Out Against Capital Punishment

Alfred Aman Jr. (1991-2002)

No abstract provided.

Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom

Buffalo Journal of International Law

No abstract provided.

The U.N. Commission On Human Rights And Cambodia, 1975-1980, Jamie Frederic Metzl

Buffalo Journal of International Law

No abstract provided.

The Destruction Of Churches And Mosques In Bosnia-Herzegovina: Seeking A Rights-Based Approach To The Protection Of Religious Cultural Property, Gregory M. Mose

Buffalo Journal of International Law

No abstract provided.

The Reasonable Suspicion Test Of Northern Ireland's Emergency Legislation: A Violation Of The European Convention Of Human Rights, Elizabeth Kondonijakos

Buffalo Journal of International Law

No abstract provided.

The United Nations Role In The Future Of Human Freedoms, Emilio J. Cárdenas

University of Miami Inter-American Law Review

No abstract provided.

The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan

Osgoode Hall Law Journal

This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities