Human Rights Law Commons^™

The Politics Of Sexual Psychopathy: Washington State's Sexual Predator Legislation, Stuart Scheingold, Toska Olson, Jana Pershing

Seattle University Law Review

What are the principles that guide this return to indeterminacy? Taken at face value, rehabilitation would seem to be the goal of the civil commitment provisions that make avail- able a treatment program to cure and reintegrate sexual offenders. Of course, rehabilitation was unequivocally rejected by determinate sentencing reformers, who considered it both discriminatory and ineffective.6 An alternative interpretation is that the sexual predator provisions lead in an incapacitative direction-that is, they are designed to predict which offenders are so dangerous that they must be more or less permanently institutionalized to protect the society. Either way, the sexual predator legislation …

Risky Business: Setting Public Health Policy For Hiv-Infected Health Care Professionals, Leonard H. Glantz, Wendy K. Mariner, George J. Annas

Faculty Scholarship

An analysis of the restrictive proposals provoked by the case of Kimberly Bergalis and four other patients apparently infected with HIV during the course of dental treatment reveals that they resulted from an inability to evaluate appropriately the infinitesimal risk of HIV transmission from practitioner to patient. The proposals also resulted from an effort to create risk prevention policy without appreciating the distinction between regulating things or procedures, which have no human rights, and regulating people, who have rights that should not be infringed without serious justification. This analysis demonstrates that the proposed restrictive policies are not justified because they …

The Case For Self-Determination, Guyora Binder

Journal Articles

This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …

Confronting Violence: In The Act And In The Word, David Boerner

Seattle University Law Review

In this Symposium Article, the author narrates his experience as a member of the Task Force to create Washington’s Sexually Violent Predator Civil Commitment Law.

Touching Words: Helen Keller, Plagiarism, Authorship, Jim Swan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

500 Years After Columbus: Promoting And Protecting Multiculturalism In The Arts, Sherri L. Burr

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Protecting The Right To Live In Isaiah's Brave New World, Jonathan K. Stubbs

Law Faculty Publications

No abstract provided.

A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

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.

Extraterritoriality Of Restrictive State Abortion Laws: States Can Abort Plans To Abort At Home But Not Abroad, Andrew King-Ries

Faculty Law Review Articles

The question of a state's authority to legislate abortion extraterritorially may appear largely academic because of the United States Supreme Court's holding in Roe v. Wade, in which the Court prohibited states from restricting abortions in the first trimester of pregnancy.' At first glance, the Supreme Court's recent decision in Planned Parenthood v. Casey' appears to remove further the issue of extraterritorial abortion legislation from the states because the decision purportedly reaffirmed Roe.3 The Casey decision, however, does not preclude returning the abortion issue to the states. An extremely tenuous coalition of justices reaffirmed Roe, while a united group of …

The ‘Ivan’ Case: Cold War Injustice, Ruti G. Teitel

Other Publications

No abstract provided.

A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger

Faculty Scholarship

Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

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

International Politics In The 1990s: Some Implications For Human Rights And The Refugee Crisis, Dr. Ranee K.L. Pankabi

Penn State International Law Review (1982 - 2011)

No abstract provided.

Prospects For United States Ratification Of The Convention On The Rights Of The Child, Lawrence L. Stentzel Ii

Washington and Lee Law Review

No abstract provided.

Rebirth Of A Nation: The Difficulties Of Transition In Eastern And Central Europe, J. French Hill

Vanderbilt Journal of Transnational Law

The 1980s will go down in history as the Decade of Democracy. Latin America, Europe, and even parts of Africa saw remarkable gains in political pluralism and individual freedoms, but nowhere was this more pronounced than in central and eastern Europe and the Balkans.

As Timothy Garton Ash chronicled in his inspiring essays, The Magic Lantern, the movements of a people from totalitarianism to freedom were remarkably peaceful. Once started, the speed was breathtaking. This dash toward freedom is epitomized in Ash's quip made famous by playwright, turned President, Vaclav Havel: "In Poland it took ten years, in Hungary ten …

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

Cardozo Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

JAPANESE CRIMINAL JUSTICE

By A. Didrick Castberg

New York, New York: Praeger Publishers, 1990. Pp. 153. $42.95.

THE INTERNATIONALIZATION OF HUMAN RIGHTS

By David P. Forsythe

Lexington, Massachusetts; Lexington Books, 1991. Pp. 209.$34.00.

FEDERAL COURTS AND THE INTERNATIONAL HUMAN RIGHTS PARADIGM By Kenneth C. Randall

Durham, North Carolina; Duke University Press. 1990. Pp. 295. $45.00.

ROMAN LAW AND COMPARATIVE LAW

By Alan Watson

Athens, Georgia: University of Georgia Press, 1991. Pp. 328. $50.00

THE U.S. CONSTITUTION AND FOREIGN POLICY

By Victoria Marie Kraft

New York, New York: Greenwood Press, 1990. Pp. 185. $45.00.

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.

Toilets As A Feminist Issue: A True Story, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Book Review, Bert B. Lockwood Jr.

Faculty Articles and Other Publications

The authors have made the advancements in the science of forensic anthropology achieved in these cases understandable to the lay audience and they have done so in a book that is difficult to put down once opened.

Human Rights As Rhetoric: The Persian Gulf War And United States Policy Toward Iraq, Kunal Parker, Peter M. Labonski

Articles

No abstract provided.

Neonatal Hiv Testing: Governmental Inspection Of The Baby Factory, 24 J. Marshall L. Rev. 571 (1991), Scott H. Isaacman

UIC Law Review

No abstract provided.

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …

Debt, Development, And Human Rights: Lessons From South Africa, Daniel D. Bradlow

Michigan Journal of International Law

This paper, through a case study of financial sanctions against South Africa, demonstrates that it is possible to design a development-oriented financial sanctions strategy against any country that violates the human rights of its citizens and in which government regulations, including exchange controls, result in foreign-owned financial assets being trapped in the target country. This strategy will both deprive the perpetrators of the human rights violations of new funds and will help redirect the blocked funds into activities that are designed to promote the political and socioeconomic development of the victims of the human rights abuses. The means for identifying …

Exporting The American Bill Of Rights: The Lesson From Romania, Ronald D. Rotunda

Law Faculty Articles and Research

No abstract provided.

The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port

Faculty Scholarship

Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.