Human Rights Law Commons^™

Maternal Liability: Courts Strive To Keep Doors Open To Fetal Protection - But Can They Succeed, 20 J. Marshall L. Rev. 747 (1987), Shannon S. Sullivan

UIC Law Review

No abstract provided.

The Elwood Case: Vindicating The Educational Rights Of The Disabled, A. Wayne Mackay

Articles, Book Chapters, & Popular Press

The guarantees of the Charter of Rights affect the definition of education for the disabled. The case of Elwood v. Halifax County - Bedford District School Board, a landmark case in educational rights of disabled children in Canada, has major implications for educational practice.

One of the earliest and most controversial Charter of Rights challenges to the existing educational structure has come from parents of disabled children. Disabled children and their parents are blazing a trail to define educational rights in Canada, and the process is giving some shape to the the elusive concept of equality enshrined in the …

Social Investing And The Lessons Of South Africa Divestment: Rethinking The Limitations On Fiduciary Discretion, Robert H. Jerry Ii, O. Maurice Joy

Faculty Publications

Part I of this Article defines social investing and briefly reviews the South Africa divestment movement which has brought questions about the legality of social investing to the fore. Part II comments upon existing statutory and common law limitations on the discretion of trustee-investors to adopt policies of social investing. Part III analyzes the empirical research on the extent to which preclusion of a set of investment opportunities may impair the performance of a typical trustee-investor's portfolio, both with respect to rate of return and risk. Part IV explores the implications of the empirical evidence analyzed in Part III for …

Jurisdiction As Legal Protection Against Terrorism, Christopher L. Blakesley

Scholarly Works

On June 14, 1985, Robert Stethem was shot to death aboard a hijacked TWA airliner. On October 7, 1985, the Italian cruise-liner, Achille Lauro, was hijacked and the next day Leon Klinghofer was killed and thrown overboard. On Julyu 2, 1986, Rodrgio Rojas was mortally wounded when he was doused with gasoline and set afire while walking with protesters in Santiago, Chile. Soviets are said to leave booby-trapped dolls for Afghan Moujahadeen children. There is evidence that the United States government directly supports the Nicaraguan contras who, in waging their guerilla war, allegedly have killed innocent citizens. It is …

The Extradition Of Canadian Citizens And Sections I And 6(I) Of The Canadian Charter Of Rights And Freedoms, Jean-Gabriel Castel, Sharon A. Williams

Articles & Book Chapters

This article is devoted to the question of whether the extradition from Canada of a fugitive Canadian citizen charged with having committed an act that constitutes a criminal offence for which he or she may be prosecuted both in Canada and in the requesting state is a violation of his or her right as a citizen of Canada to remain in Canada, that is guaranteed by section 6( I ) of the Canadian Charter of Rights and Freedoms.' In analysing this question we shall ( i ) give a brief history of and rationale for extradition, with emphasis on the …

The Institutions, Laws And Values Of The Hopi Indians: A Stable State Society, John W. Ragsdale Jr

Faculty Works

The Hopi Indians of northeastern Arizona have existed as a stable or steady state society for a thousand years or more, and, even though they have felt the impact of white growth society in this century, they have maintained a greater cultural integrity than any other native people in the United States. This Article examines traditional Hopi values and institutions, especially their law. Hopi thinking and social organization were shaped by a profound reverence for their environment and an equally profound awareness of the constraints it imposed. With its growing sense of a need for balance with the environment, modern …

The Impact Of Medical Technology On The Pregnant Woman's Right To Privacy, George J. Annas

Faculty Scholarship

In the context of the bicentennial of the Constitution and science's relationship to society, it has been argued that "the advance of science and technology in the West has changed not only the relation of man to nature but of man to man."' This seemingly immodest statement may soon prove an understatement. In the arena of human reproduction, the marriage of science and technology in medicine may change not only the relationship of man to nature and man to man, but more significantly, the very concept of what it means to be human. This, in turn, will directly affect how …

Secret Rights, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

Since the seventeenth century, when the concept of rights first came into vogue, philosophers and social theorists have struggled to articulate an acceptable theory of individual rights, but their efforts remain largely unsatisfactory. Without exception, each effort falters when it attempts to describe the contours of the rights that are entitled to protection or to explain the ways in which competing claims of right should interact. This is true whether a theorist seeks to define a right through reference to its substantive content or through reference to the procedures by which the right can be recognized. Given the collective stature …

Panel Discussion, Professor Jonathan Charney, Professor Thomas Franck, Professor Jordan Paust, Professor John Murphy, Geoffrey Levitt, Professor Kenneth Abbott, Professor Robert Friedlander, Professor Alberto Coll, Professor Jerome Reichman

Vanderbilt Journal of Transnational Law

Kelsen, in his writings, took the position that in law, particularly international law, there are superior and inferior limits to the law; that is, when a norm is articulated and the society behaves in conformance with the norm, and it would do so even in the absence of the norm, the norm is not serving a legal function; it is not serving a normative function of encouraging behavior because the behavior would be in conformance with that norm in any event. There's also the inferior limit to the law; that is, a situation where a rule is articulated but the …

New Frontiers: The Expansion Of International Criminal Law, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Regional Human Rights Regimes: A Comparison And Appraisal, Burns H. Weston, Robin A. Lukes, Kelly M. Hnatt

Vanderbilt Journal of Transnational Law

For Americans at least, active concern for human rights on the international plane is demonstrated perhaps most conspicuously in the promotion and protection of human rights through the United Nations and its allied agencies--apart, that is, from the promotion and protection of human rights through United States foreign policy and the work of such nongovernmental organizations as Amnesty International. Supplementing this globally-oriented human rights activity, however, are international human rights regimes operating regionally in Western Europe, the Americas, Africa and the Middle East. Concededly, Asia is not yet represented, and only the first three of the represented regions have gone …

Aging: A New Human Rights Concern--A Policy-Oriented Perspective, Lung-Chu Chen

Other Publications

No abstract provided.

Book Review Of The Human Rights Of Aliens In Contemporary International Law, By Richard B. Lillich, Owen Kupferschmid, Ruti G. Teitel

Other Publications

No abstract provided.

The Dialectic Of Rights And Politics: Perspectives From The Women's Movement, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Eurocacy And Distrust: Some Questions Concerning The Role Of The European Court Of Justice In The Protection Of Fundamental Human Rights Within The Legal Order Of The European Communities, Joseph H.H. Weiler

Washington Law Review

Protection of individual rights has been a central feature of much of the judicial review by supreme courts in Western countries in the postwar era. Concepts such as individual dignity and privacy, as well as more classical notions of liberty and equality before the law, have been the standard repositories of constitutional interpretation by courts reviewing governmental legislation and administrative action. The concept and practice of judicial review have penetrated, albeit in a limited way, even legal cultures which for long have resisted, such as Britain and France. I Indeed, judicial review in general and the protection of individual rights …

Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith

Antioch Law Journal

Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …

The Lawful Rights Of Mankind: An Introduction To The International Legal Code Of Human Rights, Alexander W. Joel

Michigan Law Review

A Review of The Lawful Rights of Mankind: An Introduction to the International Legal Code of Human Rights by Paul Sieghart

Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile

Articles

The article argues that the failure of economic development strategies in Africa is deeply intertwined with the denial of civil and political rights, particularly for the rural poor. It critiques the "economic rights first" approach, which prioritizes material needs over democratic participation, and contends that such an approach is both principled and practically flawed. The analysis emphasizes that without civil and political rights, development strategies like the Basic Needs Strategy (BNS) are unlikely to succeed, as they require equitable distribution of wealth and benefits, which undemocratic regimes often fail to implement. The article also examines the limitations of both Afro-Marxist …

Kennan And Human Rights, Gordon A. Christenson

Faculty Articles and Other Publications

This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.

Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole

Penn State International Law Review (1982 - 2011)

This Comment will discuss whether an international human right to food can exist and, if so, whether Ethiopians have a right to be fed by their government given the circumstances of the current famine. An overview of Ethiopia's political and social environment will be followed by an examination of international human rights law as it is reflected in treaties, international agreements, and the customs and practices of states.

Walters V. National Association Of Radiation Survivors: Disabled Veterans' Right To Counsel Denied, 19 J. Marshall L. Rev. 773 (1986), Tom Minnick

UIC Law Review

No abstract provided.

An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa

Penn State International Law Review (1982 - 2011)

This article will review specific provisions of the Draft Convention Against Torture. Those sections that resolve the conflicting interests at the heart of the non-interference and declaration of competence principles will be highlighted. Those provisions in which the drafters were unable to reach an effective compromise will also be analyzed. The article will focus in one section upon the current Watson/D'Amato debate regarding the existence or non-existence of world-wide enforcement power. Finally, the article will propose further methods through which nations can enforce and promote human rights throughout the world.

Judicial Failure To Enforce Human Rights Legislation: An Alternative Analysis Of Crockett V. Reagan, Mark P. Gibney

NYLS Journal of Human Rights

No abstract provided.

The Use And Effectiveness Of Economic Sanctions Against Nations That Violate Human Rights: Can The United States Force Reform On South Africa, R. Blair Thomas

NYLS Journal of Human Rights

No abstract provided.

Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker

NYLS Journal of Human Rights

No abstract provided.

Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus

NYLS Journal of Human Rights

No abstract provided.

Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder

Law Faculty Articles and Essays

The Civil Rights Attorneys' Fees Award Act of 1976 authorizes an award of fees to the prevailing party in a civil rights action. The United State Supreme Court, in Evans v. Jeff D., has interpreted the Fees Act to authorize the parties in a civil rights action to negotiate settlement of fees and merits jointly. The Court did not determine whether joint fees-merits negotiation is ethical. The author of this article contends that joint negotiation is ethical. He further contends that it is ethical for plaintiff's attorney to reject an offer of settlement if the offer is coupled with a …

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.