Human Rights Law Commons^™

The Role Of Public Opinion, Public Interest Groups, And Political Parties In Creating And Implementing Environmental Policy., Irma S. Russell

Faculty Works

No abstract provided.

Decriminalizing Prostitution: Liberalization Or Dehumanization?, Jeanne Schroeder

Cardozo Journal of Equal Rights & Social Justice

The article explores the contentious debate over the decriminalization of prostitution, examining whether it represents liberalization or dehumanization. It highlights the complexities of the issue, emphasizing that decriminalization is not a straightforward solution but rather a deeply contested and multifaceted question. The discussion underscores the need to consider the ethical, legal, and societal implications of prostitution, particularly its impact on women, who are disproportionately affected by both the practice and its criminalization.

Preferred Generations: A Paradox Of Restoration Constitutions, András Sajó

Cardozo Law Review

No abstract provided.

South Korea: Implementation And Application Of Human Rights Covenants, Suk Tae Lee

Michigan Journal of International Law

Under article 40 of the International Covenant on Civil and Political Rights (ICCPR), the State Party undertakes to submit reports on the measures it has adopted which give effect to the rights recognized in the ICCPR and demonstrate the progress it has made in granting its citizens the enjoyment of those rights. The report was examined by the HRC in July 1992 and will be discussed in Part I of this article. The International Covenant on Economic, Social and Cultural Rights (ICESCR) also requires State Parties to submit reports, but the initial report of the South Korean government has not …

The Role Of Human Rights In Global Securtiy Issues: A Normative And Institutional Critique, Douglas Lee Donoho

Michigan Journal of International Law

The purpose of this article is to evaluate the institutional and normative capacity of international human rights to effectively serve such enhanced roles in global peace and security matters. In particular, the analysis focuses on key normative and institutional weaknesses in the existing U.N. human rights system and addresses their implications for the roles which human rights might serve to enhance peace. By describing some of the system's fundamental weaknesses, this analysis also indicates important areas for reform within the U.N. system.

The European Convention On Human Rights And The Authority Of Law, Richard Kay

Faculty Articles and Papers

By almost all accounts, the system of international law established by the European Convention on Human Rights has been successful to a degree unimaginable when the Convention was signed in 1950. The European Court of Human Rights now routinely issues judgments finding the states party to the Convention to have defaulted in their obligations under it. Those judgments, sometimes touching on difficult and controversial issues that might have been thought to lie at the center of state sovereignty, are, almost equally routinely, honored by the respondent states who both pay the compensation ordered by the Court and also adjust their …

Reactionary Constitutional Identity, Ruti G. Teitel

Cardozo Law Review

No abstract provided.

Governmental Illegitimacy Revisited: "Pro-Democratic" Armed Intervention In The Post-Bipolar World, Brad R. Roth

Law Faculty Research Publications

No abstract provided.

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.

Transcending Community: Some Thoughts On Havel And Bergson, Brian Slattery

Articles & Book Chapters

No abstract provided.

Transcript: Conference On The 30th Anniversary Of The United States Supreme Court's Decision In Gideon V. Wainwright: Gideon And The Public Service Role Of Lawyers In Advancing Equal Justice , American University Law Review

American University Law Review

No abstract provided.

The Intersection Of Natural Rights And Positive Constitutional Law, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

In this brief essay, the author describes what he sees to be the unavoidable connection between natural law--or, more accurately, natural rights--and the positive law that is the subject of constitutional adjudication. This connection would exist whether or not there is a conceptual distinction between natural and positive law of the sort that Professor Fred Schauer maintains in his article, Constitutional Positivism. Because of this connection, judges in a world in which legal positivism is "true" should act, on occasion, as though the natural rights approach is' correct. And if this is true then, the author maintains, the natural …

Expanding Our Vision Of Legal Services Representation:The Hermanas Unidas Project, Stacy Brustin

Scholarly Articles

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Consensus, Coherence And The European Convention On Human Rights, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

The United States Supreme Court And The Protection Of Refugees, Lung-Chu Chen

Articles & Chapters

The problem of refugees is a worldwide phenomenon. The

twentieth century has been called the century of refugees. Its

history is replete with mass displacements of peoples fleeing war,

political oppression, human rights deprivations or disasters of one

kind or another. Currently, there are about seventeen million refugees

around the world. The specter of masses of refugees huddled

at national boundaries seeking asylum is common to the experience

of many nations. The United States, being a nation of

immigrants and a land of opportunity, is certainly not immune

from such pressures, as most recently illustrated by the exodus of

the …

Is The Idea Of Human Rights Ineliminably Religious?, Michael J. Perry

University of Richmond Law Review

The name of the state where I was born and raised-Kentucky-derives from a Native American word meaning "the dark and bloody ground." Were there an Indian word for "the dark and bloody time," it would aptly name this century, a century as unrelentingly dark and bloody as any in human history. In the midst of all the terrible inhumanity of the twentieth century, however, there is a hopeful story: the emergence in international law of the idea of human rights.

A Date With Justice: Prostitution And The Decriminalization Debate, Margaret A. Baldwin

Cardozo Journal of Equal Rights & Social Justice

The article critiques the decriminalization of prostitution, arguing that it fails to address the systemic exploitation and violence faced by women in prostitution. The author contends that decriminalization would empower pimps, johns, and legal systems to further exploit women, as it legitimizes their power dynamics. The analysis emphasizes the need to prioritize the survival and empowerment of prostituted women over legal reforms that benefit their exploiters.

European Law: A Case Study Of Changes In National Broadcasting, Willem F. Korthals Altes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

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.

Native American Inmates And Prison Grooming Regulations: Today's Justified Scalps: Iron Eyes V. Henry, William Norman

American Indian Law Review

No abstract provided.

Prison Objectives And Human Dignity: Reaching A Mutual Accommodation, Melvin Gutterman

BYU Law Review

No abstract provided.

The European Community After 1992: The Freedom Of Movement Of People And Its Limitations, Ricou Heaton

Vanderbilt Journal of Transnational Law

The end of 1992 has attained significance as the time when borders and barriers to the free movement of people within the European Community (EC) should dissolve. This Note examines those actions taken by EC institutions and member states that are determining the nature of this freedom. This Note explains the major EC institutions and the steps they have taken with respect to freedom of movement. This Note also describes the Schengen Convention, an agreement between , eight EC states that provides a blueprint for dismantling internal borders and strengthening external ones. The author discusses how member states' desire to …

The Structural Role Of The Bill Of Rights, Richard G. Wilkins

Brigham Young University Journal of Public Law

No abstract provided.

Emergency Judicial Relief For Human Rights Violations In Canada And Argentina, René Provost

University of Miami Inter-American Law Review

No abstract provided.

Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone

Faculty Publications

No abstract provided.

The United Nations And Human Rights And The Contribution Of The American Bill Of Rights, Jan Martenson

William & Mary Bill of Rights Journal

No abstract provided.

The Age Of Rights, Stephen D. Sencer

Michigan Law Review

A Review of The Age of Rights by Louis Henkin

The Eichmann Trial, The Jewish Question, And The American-Jewish Intelligentsia, Pnina Lahav

Faculty Scholarship

The abduction, trial, and execution of Adolf Karl Eichmann by the state of Israel, fifteen years after the shutdown of the crematoria at Auschwitz, challenged the American Jewish intelligentsia to confront the Jewish question.4 What does it mean to be a Jew in America and who is an American Jew? Is the Jewish history of anti-Semitism and the Holocaust also a part of American-Jewish history? Is there a lesson in the destruction of European Jewry-the triumph of anti-Semitism, the failure of assimilation-relevant to American Jews? Is there a national component to being Jewish? Are Jews a people? If so, is …