Human Rights Law Commons^™

An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley

Scholarly Works

The Reagan Administration has been aggressively attempting to arrogate power to the Executive branch and to undermine the separation of powers in the realms of foreign affairs. To Chain the Dog of War shows that for decades the Executive branch has moved to appropriate Congress’ war powers. The Reagan Administration not only has continued that tradition, but also has attempted to erode the Judiciary’s power to decide questions of law and fact concerning human rights and liberty in international extradition cases involving political offenses. The underlying rationale for this shift has been that decisions to make war or to condemn …

The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley

Scholarly Works

The Supplementary Convention to the Extradition Treaty between the Government of the United States of American and the Government of the United Kingdom of Great Britain and Northern Ireland, was signed on June 25, 1985, and transmitted to the U.S. Senate on July 17, 1985. This article will focus on the portion of the supplementary treaty which effectively eliminates the political offense exception, and on the statement made by the Legal Adviser to the Department of State, the honorable Judge Abraham D. Sofaer, made in favor of the Supplementary Treaty, on August 1, 1985. This article suggests that approval of …

Correspondence, Alan Watson

Cardozo Law Review

No abstract provided.

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

Vanderbilt Journal of Transnational Law

Serious internal obstacles also block adequate realization of civil and political rights in Africa. The colonial legacy, rising popular expectations for a better life, subversion from abroad and the absence of strong national cohesion will engender political instability in African political systems that give free rein to the exercise of civil and political rights. Moreover, even if one assumes a democratic political system would be viable politically, that system may succumb to demands for increased consumption rather than promote adequate investment in infrastructure. In either event, democratic political systems will tend to be unstable, with the result that economic development …

Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman

Articles & Chapters

No abstract provided.

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

The Impact On Women Of Entrenchment Of Property Rights In The Canadian Charter Of Rights And Freedoms, Clare F. Beckton

Dalhousie Law Journal

On Friday, 29 April 1983 the Progressive Conservative opposition in Parliament proposed an amendment to the constitution which would change section 7 of the existing Charter to read: Everyone has the right to life, liberty, security of the person and enjoyment of property and the right not to be deprived thereof except in accordance with the principles of fundamental justice. (emphasis added to identify amendment) The language used to present this amendment shows that its proponents were espousing a very traditional view of property. For example, Jake Epp said:

Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal

Antioch Law Journal

On December 11, 1948, the United States officially signed the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter the Convention).1 The Convention was sent to the Senate as part of the ratification process for the advice and consent of two-thirds of the Senators present and voting. 2 But the Senate declined to give advice and consent to the Convention, and has maintained that position for over thirty-six years. Ninety-six countries have now deposited their instruments of ratification with the United Nations, making them parties to the Convention. The United States is not a party. …

Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze

Antioch Law Journal

In McFeeley v. The United Kingdom, seven prisoners in the H-Block cells of Northern Ireland's Maze Prison filed an application against the government of the United Kingdom, hoping to attain political prisoner status under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention).I The seven prisoners also alleged violations of Articles 3, 6, 8, 9, 10, 11, 13 and 14 of the Convention. 2 The European Commission of Human Rights (hereinafter the Com- mission) declared most of the application inadmissible. The Commission found that granting special status to the prisoners was …

Introduction, Richard Falk

Antioch Law Journal

No abstract provided.

Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg

Antioch Law Journal

Many people here this evening have worked diligently to add to the Constitution an explicit guarantee of the equality of men and women before the law. I would like to present a few preliminary comments on that subject, and to tie it to the main line of my remarks about the constitutional status of human rights here and abroad. It is a disappointment, of course, that the ERA ratification effort has not succeeded this time around, but ours is a Constitution that is hard to amend and hardly ever amended. It is also a Constitution enforced in courts; and therefore, …

The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich

Antioch Law Journal

The teaching of international human rights law in U.S. law schools has come a long way in the past two decades. Twenty years ago a survey conducted by the American Society of International Law made no mention of the subject. I In 1965, the late Egon Schwelb, "Mr. Human Rights," in what he himself characterized as a "novel departure,"2 offered a seminar on "The International Protection of Human Rights" at Yale. During the next half-dozen years, similar offerings were made available at California (Berkeley), Harvard, Virginia, and several other institutions. By 1971, when a panel at the annual meeting of …

Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld

Michigan Law Review

A Review of Judgment in Berlin by Herbert J. Stern

The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo

Maryland Series in Contemporary Asian Studies

No abstract provided.

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

WKU Administration Documents

This volume contains the Report to the President for 1983-84 and the workforce analyses, availability rates, goals and timetables for the 1984-85 academic year by departmental units. The ultimate goals are scheduled for 1987.

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

WKU Administration Documents

This volume contains the Report to the President for 1984-85, and the workforce analyses, availability rates, goals and timetables for the 1985-86 academic year by departmental units. the ultimate goals are scheduled for 1987.

After Tel-Oren: Should Federal Courts Infer A Cause Of Action Under The Alien Tort Claims Act, Gregory A. Gross

Penn State International Law Review (1982 - 2011)

This Comment, consisting of three main parts, examines the cause of action issue that arose in Tel-Oren v. Libyan Arab Republic and places it in the context of the Alien Tort Claims Act's (ACTA) prior history. The first part focuses on the three instances in which a federal court has used the statute to exercise jurisdiction in an alien tort action. The second part examines the Tel-Oren case, centering on two of the three concurrences forming the District of Columbia Court of Appeals' decision. The third part suggests that proving a distinct cause of action embodied in the law of …

Ethical Problems Of An International Human Rights Law Practice, David Weissbrodt

Michigan Journal of International Law

This article examines two sources of ethical constraint on U.S. lawyers practicing international human rights law: the Model Code of Professional Responsibility (CPR or Model Code), which was adopted by the American Bar Association (ABA) in 1969, and the Model Rules of Professional Conduct (Model Rules), which were adopted in 1983. Part I establishes that these sources apply to the U.S. lawyer regardless of whether or not the lawyer is in the United States and whether or not he is acting as an attorney. Attorneys who leave the countries where they practice law and travel to other nations to observe …

Book Review Of Passion: An Essay On Personality , Richard F. Devlin Frsc

Articles, Book Chapters, & Popular Press

Passion is a cogently structured, compel Jingly argued and seductively enthralling masterpiece which, in years to come, will undoubtedly stand out as an inspirational source for many who seek social transformation. Unger's style, in this essay at least, is lucid and inviting. Substantively, Passion demonstrates not only the depth of his penetrating intellect but also his command of an array of' disciplines. Unger's polymathy is all the more impressive when we remember that ours is an era in which idiosyncratic specialization is the norm.

Humanitarian International Law In Islam: A General Outlook, Ahmed Zaki Yamani

Michigan Journal of International Law

This article covers the following topics: humanitarian law and humanistic law, general concepts of humanitarian international law in Islam: armed conflict of a non-international nature and armed conflict of an international nature, and wars against polytheists and apostates.

Safeguarding Due Process In A Hostile Environment: Foreign Lawyers In South Africa, David S. Abramowitz

Michigan Journal of International Law

Part I of this note briefly describes the effect of apartheid on human rights in South Africa. It then examines how liberal South African attorneys use procedural due process, as defined by the rule of law, to counter these effects. Part II discusses the methods used by foreign attorneys to support South African human rights lawyers. In particular, this section focuses on the activities of the International Commission of Jurists and the Lawyers' Committee for Civil Rights Under Law. The note concludes that infusing fair process into the South African legal order is the most significant contribution foreign lawyers can …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Utilization of Nuclear Energy and International Law By Vanda Lamm Atlantic Highlands, New Jersey: Humanities Press International, Inc. 1984 Pp. 151. $29.95

War, Foreign Affairs, and Constitutional Power By Henry Bartholomew Cox Cambridge, Massachusetts: Ballinger,1984. Pp. xx, 331 $35.00

Guidelines For International Election Observing Prepared by Larry Garber Washington, D.C.: The International Human Rights Law Group, 1984. Pp. iii, 90. $7.95

International Codes and Multinational Business: Setting Guidelines for International Business Operations By John M. Kline Westport, Connecticut: Qurom Books, 1985Pp. vi, 184. $35.00

Public Enterprises in Mixed Economies: Some Macroeconomic Aspects By Robert H. Floyd, Clive …

A Moment In Human Development: Legal Protection, Ethical Standards And Social Policy On The Selective Non-Treatment Of Handicapped Neonates, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

Selective non-treatment decisions involving severely handicapped neonates have recently come under renewed judicial and legislative scrutiny. In this article, the author examines the legal, ethical and social considerations attendant to the non-treatment decision. In Part II he discusses the predominant ethical viewpoints relating to this issue and proposes a new moral standard based on personal interests. Part III presents a survey of the jurisprudence relating to selective non-treatment decisions. Parts IV and V of this article provide a critical examination of the recently enacted Child Abuse Amendments of 1984, a federal legislative initiative designed to regulate treatment decisions relating to …

Access To Justice -- Variations And Continuity Of A World-Wide Movement, Bryant G. Garth, Mauro Cappelletti, Nicolo Trocker

Articles by Maurer Faculty

No abstract provided.

Political Refugees, Nonrefoulement And State Practice: A Comparative Study, Robert C. Sexton

Vanderbilt Journal of Transnational Law

This Article will survey and assess the attempts of five of the major refugee receiving countries of the West, the United States, Canada, Great Britain, France, and Italy, to comply with the mandates of the Convention and Protocol. Specifically, inquiry will focus on the two issues most applicable to the admission and exclusion of political refugees: (1) domestic interpretation of the Convention definition of "refugee;" and (2) adherence to the principle of nonrefoulement, which is the Convention's proscription on returning persons falling within its refugee definition to countries of alleged persecution.

Section II explores the precise substantive provisions of the …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

The Human Rights of Aliens in Contemporary International Law By Richard B. Lillich Dover, New Hampshire: Manchester University Press, 1985. Pp. xii, 126. $38.00

Banking on the Act of State By Carsten Thomas Ebenroth Universitdtsverlag Konstanz Gmbh: 1985. Pp. 101.DM66,80.

The Iran-United States Claims Tribunal, 1981-1983 Edited by Richard B. Lillich Charlottesville, Virginia: The University Press of Virginia, 1985. Pp. viii, 156. $25.00

Emerging Standards of International Trade and Investment Edited by Seymour J. Rubin and Gary Clyde Hufbauer Totowa, New Jersey: Rowman & Allanheld, 1984. Pp. ix,196

The World of International Tax Planning By Milton Grundy New …

Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This law journal note dating from the Central American civil wars of the 1980's discusses ways in which the US Congress could impose detailed action requirements related to human rights as a condition of continuing US military assistance to the government of El Salvador.

The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson

Publications

No abstract provided.

Orwell's Prophecies: The Limits Of Liberty And The Limits Of Law, Julian Symons

Dalhousie Law Journal

Let me say something first about the scope of this talk. As we approach 1984, George Orwell's book with that title seems to have increasing relevancy. It was not intended as a prophetic work - the very title came simply from the fact that the final version was completed in 1948, so that the last two numerals were reversed. And it was concerned less with conjectural futures than with the world Orwell saw around him. It was, he said, a projection of what might happen if totalitarian tendencies in several countries developed as they had been doing in the years …

European Integration Through Fundamental Rights, Jochen Abr. Frowein

University of Michigan Journal of Law Reform

The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …