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Articles 11041 - 11070 of 11823

Full-Text Articles in Human Rights Law

Report Regarding Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Lyn Entzeroth, Randall Coyne Jan 1996

Report Regarding Implementation Of The American Bar Association's Recommendations And Resolutions Concerning The Death Penalty And Calling For A Moratorium On Executions, Lyn Entzeroth, Randall Coyne

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Dean V. The District Of Columbia: Goin' To The Chapel And We're Gonna Get Married, Heather Hodges Jan 1996

Dean V. The District Of Columbia: Goin' To The Chapel And We're Gonna Get Married, Heather Hodges

American University Journal of Gender, Social Policy & the Law

No abstract provided.

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Discretionary Adjudicatory Rulemaking: Due Process Of Lawmaking And Immigration Law, 11 Geo. Immigr. L.J. 83 (1996), Michael G. Heyman Jan 1996

Discretionary Adjudicatory Rulemaking: Due Process Of Lawmaking And Immigration Law, 11 Geo. Immigr. L.J. 83 (1996), Michael G. Heyman

UIC Law Open Access Faculty Scholarship

No abstract provided.

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The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile Jan 1996

The New Ethiopian Constitution: Its Impact Upon Unity, Human Rights And Development, Minasse Haile

Articles

The 1994 Ethiopian Constitution, while intended to address historical injustices, has exacerbated tribalism, human rights violations, and poverty by establishing a flawed federal system based on ethnic affiliation. The Constitution grants excessive autonomy to ethnic-based states, undermining national unity and central authority. Its lack of enforceable limitations on government power, absence of judicial review, and emphasis on secession have created a system prone to instability and human rights abuses. The article argues that the Constitution's structure, inspired by defunct Soviet models, is ill-suited to Ethiopia's needs, threatening its democracy, development, and cohesion.

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The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua Jan 1996

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua

Michigan Journal of International Law

Review of Protecting Human Rights in Africa: Strategies and Roles of Non-Governmental Organizations by Claude E. Welch

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Getting Away With Murder: Social Cleansing In Colombia And The Role Of The United States, Elizabeth F. Schwartz Jan 1996

Getting Away With Murder: Social Cleansing In Colombia And The Role Of The United States, Elizabeth F. Schwartz

University of Miami Inter-American Law Review

No abstract provided.

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Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp Jan 1996

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.

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Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff Jan 1996

Death With Dignity: Aids And A Call For Legislation Securing The Right To Assisted Suicide, 29 J. Marshall L. Rev. 677 (1996), Jeremy A. Sitcoff

UIC Law Review

No abstract provided.

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Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol Jan 1996

Women's Rights As Human Rights - Rules, Realities And The Role Of Culture: A Formula For Reform, Berta E. Hernández-Truyol

UF Law Faculty Publications

Beijing, China. Tuesday, September 5, 1995. Beijing International Conference Center (BICC). The afternoon plenary of the United Nations Fourth World Conference on Women: Equality, Peace, Development is about to start in a hall too small to seat everyone who wants to be there. Other than places for some of the delegates from each attending State, space is limited and in high demand. A lucky few lined up for hours to get a ticket; many ended up negotiating prime space in front of one of several TV screens strategically located throughout the building. A hushed silence fell in the hall and …

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Building Bridges: Bringing International Human Rights Home, Berta E. Hernández-Truyol Jan 1996

Building Bridges: Bringing International Human Rights Home, Berta E. Hernández-Truyol

UF Law Faculty Publications

This commentary on "Building Bridges" was prepared in connection with a panel presentation addressing the same theme by Latina/o law professors during the 1995 Hispanic National Bar Association's annual meeting in San Juan, Puerto Rico. It urges that we globalize our domestic legal practice by integrating international human rights norms as a means of developing, expanding and transforming the content and meaning of our human/civil rights jurisprudence. This piece contends that we have a wealth of human rights laws to which we have denied ourselves access in the past and of which we should make greater and better use in …

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Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol Jan 1996

Natives, Newcomers And Nativism: A Human Rights Model For The Twenty-First Century, Berta E. Hernández-Truyol

UF Law Faculty Publications

This article undertakes a broad overview of nativist sentiment and discrimination in U.S. social and legal history. Following a powerful vignette of a personal experience encountering nativism because of her accent, the author briefly reviews the history of the New York City Human Rights Commission in Part II. Part III traces the history of U.S. immigration and the parallel legacy of nativism, while Part IV details the legal developments arising from alienage discrimination. After reviewing relevant sources of international human rights law, the author concludes in Part VI by advocating a new human rights paradigm that will promote equality and …

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Constitutionalism In The Global Era, Elisabeth Zoller Jan 1996

Constitutionalism In The Global Era, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

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George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins Jan 1996

George Bush's America Meets Dante's Inferno: The Americans With Disabilities Act In Prison, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: The conditions in America's correctional facilities have long been cause for concern. Even those who do not advocate a comfortable quality of life for inmates recognize that basic problems such as overcrowding, inmate violence,' inadequate staffing,2 and increasing costs of building and maintaining prisons have approached crisis levels. Meanwhile, the prison population continues to swell. According to the Bureau of Justice Statistics of the United States Department of Justice, the number of prisoners incarcerated at state and federal prisons annually has grown at a rate of 8.4% in recent years.'

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The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner Jan 1996

The Status Of Women Under International Human Rights Law And The 1995 Un World Conference On Women, Beijing, China, Margaret Plattner

Kentucky Law Journal

No abstract provided.

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The Dayton Peace Agreement: Constitutionalism And Ethnicity, Ronald Slye Jan 1996

The Dayton Peace Agreement: Constitutionalism And Ethnicity, Ronald Slye

Faculty Articles

It has been almost five years since the violent dissolution of Yugoslavia. An estimated 200,000 civilians have been killed, over two million people have been displaced from their homes, tens of thousands have been tortured and raped, and Europe has hosted yet another of the world's genocides. While the recently concluded Dayton Peace Agreement has resulted in a temporary cessation of the armed conflict, serious concerns have been raised regarding efforts to rebuild and repair the institutions of civil society. Little attention has been paid, however, to the constitutional structure of the newly created state of Bosnia and Herzegovina. While …

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Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn Jan 1996

Jane Doe, On Behalf Of Herself And All Others Similarly Situated: Radovan Karadzic In United States District Court, Susan L. Ronn

Seattle University Law Review

In perhaps the only method available to respond with power to the horrors of "ethnic cleansing" in Bosnia-Herzegovina, Muslim women turned to a United States court for redress under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) The district court denied jurisdiction. This Article examines the opinion of the United States District Court in Doe v. Karadzic and concludes that Jane Doe and all others similarly situated should find redress in the courts of the United States for the brutalities inflicted upon them. Federal courts should not interpret the ATCA and the TVPA so narrowly …

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Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley Jan 1996

Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley

Scholarly Works

In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.

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Torture By Means Of Rape, Evelyn Aswad Jan 1996

Torture By Means Of Rape, Evelyn Aswad

Faculty Articles

No abstract provided.

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Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci Jan 1996

Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci

Michigan Journal of International Law

Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …

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Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli Jan 1996

Women, Just Implementation Of Asylum Policy, And Our Commitment To Human Dignity And Freedom, John Linarelli

Scholarly Works

No abstract provided.

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Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins Jan 1996

Anti-Essentialism, Relativism, And Human Rights , Tracy E. Higgins

Faculty Scholarship

Confronted with the challenge of cultural relativism, feminism faces divergent paths, neither of which seems to lead out of the woods of patriarchy. The first path, leading to simple tolerance of cultural difference, is too broad. To follow it would require feminists to ignore pervasive limits on women's freedom in the name of an autonomy that exists for women in theory only. The other path, leading to objective condemnation of cultural practices, is too narrow. To follow it would require feminists to dismiss the culturally distinct experiences of women as false consciousness. Yet to forge an alternative path is difficult, …

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Intrusive Law Reform, Katharine B. Silbaugh Jan 1996

Intrusive Law Reform, Katharine B. Silbaugh

Faculty Scholarship

Does law obstruct or facilitate the development of a democratic society? This is the subject of Mary Ann Glendon's recent book, A Nation Under Lawyers. It is also the subject of Anita Bernstein's Better Living Through Crime and Tort. Glendon takes the position that law obstructs, that "[p]remature and excessive resort to the courts... has been a disaster for the political health of the country."' Bernstein disagrees, saying that in many cases, law can facilitate democracy by encouraging citizens to educate themselves, engage in debate, and form communities.

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The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike Jan 1996

The Marlboro Man In Asia: U.S. Tobacco And Human Rights, Jonathan Wike

Vanderbilt Journal of Transnational Law

In recent years, U.S. tobacco manufacturers have responded to declining domestic consumption by aggressively promoting their products in Asia and other foreign markets. Their efforts have resulted in increased tobacco use and increased health risks in Asia. This Note discusses the legal implications of U.S. tobacco marketing in Asia, particularly the disadvantages faced by Asians who might wish to challenge U.S. tobacco manufacturers in court. The author first describes tobacco promotion In Asia and the limited potential for recovery against U.S. tobacco companies by Asian plaintiffs in their domestic courts. The Note then contrasts the limitations Asian plaintiffs face in …

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The Ideology Of Human Rights, Makau Wa Mutua Jan 1996

The Ideology Of Human Rights, Makau Wa Mutua

Journal Articles

This piece argues that although human rights is an ideology although it presents itself as non-ideological, non-partisan, and universal. It contends that the human rights corpus, taken as a whole, as a document of ideals and values, particularly the positive law of human rights, requires the construction of states to reflect the structures and values of governance that derive from Western liberalism, especially the contemporary variations of liberal democracy practiced in Western democracies. Viewed from this perspective, the human rights regime has serious and dramatic implications for questions of cultural diversity, the sovereignty of states, and the universality of human …

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Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto Jan 1996

Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto

Contributions to Books

Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …

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Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin Jan 1996

Medicine And Human Rights: Reflections On The Fiftieth Anniversary Of The Doctors’ Trial, George J. Annas, Michael A. Grodin

Faculty Scholarship

1996 marks the fiftieth anniversary of the commencement of the trial of Nazi physicians at Nuremberg, a trial that has been variously designated as the "Doctors' Trial" and the "Medical Case." In addition to documenting atrocities committed by physicians and scientists during WWII, the most significant contribution of the trial has come to be known as the "Nuremberg Code," a judicial codification of 10 prerequisites for the moral and legal use of human beings in experiments. Anniversaries provide us with an opportunity to reflect upon the past, but they also ena ble us to renew our efforts to plan for …

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Introduction, Belinda Cooper Jan 1996

Introduction, Belinda Cooper

Cardozo Journal of Equal Rights & Social Justice

The article explores the emergence and gradual integration of feminist jurisprudence in Germany, highlighting the challenges and opportunities faced by women in law as feminist ideas begin to influence legal academia and practice. It traces the development of feminist legal scholarship in Germany, starting from its early stages in the 1980s to the establishment of institutionalized feminist jurisprudence at Humboldt University. The article introduces a collection of writings that examine key legal issues affecting women in Germany, emphasizing the interplay between German and European Community law, as well as the cultural and historical contexts that shape legal discourse.

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On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge Jan 1996

On The History Of Fathers' Rights And Mothers' Duty Of Care, Sibylla Flügge

Cardozo Journal of Equal Rights & Social Justice

The article examines the historical evolution of custody rights in Germany, focusing on the shift from maternal preference to increasing recognition of fathers' rights. It argues that the legal system's move toward joint custody and equal parental rights reflects broader societal changes in gender roles, while also critiquing the potential backlash against women's emancipation. The analysis highlights how improvements in fathers' legal standing have often coincided with decreased obligations for men to actively care for children, raising concerns about the practical implications for mothers and children.

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The Right To Stay, Patrick M. Mcfadden Jan 1996

The Right To Stay, Patrick M. Mcfadden

Vanderbilt Journal of Transnational Law

People often fight for their homes. Once established, homes are vital centers of life, and their threatened loss generates predictable resistance. This Article shows how the human desire not to be moved is protected by the law. Such protection can be found in both U.S. domestic and international law, although the two systems of law vary widely in their approach. Since World War II, international scholars and lawmakers have been deeply concerned with promoting the legal rights of people to leave and return to their own countries. This Article emphasizes a different, but equally important right: the right of people, …

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Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart Jan 1996

Using The American Courts To Prosecute International Crimes Against Women: Jane Doe V. Radovan Karadzic And S. Kadic V. Radovan Karadzic, Rachel Bart

Cardozo Journal of Equal Rights & Social Justice

The note examines the use of the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) to prosecute international crimes against women, focusing on the *Karadzic* cases. It argues that these cases represent a significant expansion of U.S. federal jurisdiction over human rights abuses, particularly gender-based violence, committed abroad. The Second Circuit's decision to reverse the district court's dismissal and the Supreme Court's denial of certiorari affirmed the applicability of ATCA and TVPA to non-state actors and clarified their role in enforcing international human rights standards.

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