Human Rights Law Commons^™

The Credibility Gap In Human Rights, Niall Macdermot

Dalhousie Law Journal

The credibility gap in human rights is a term coined by my predecessor, Mr. Sean MacBride. He used it to refer to the gap between the standards with governments proclaim, or accept, or at least pay lip-service to, and the reality of their practice in enforcing or suppressing these rights. The questions I would like to consider with you are the extent of this gap, the reasons for it, and what, if anything, ordinary citizens who care about human rights can do about it.

The Right To Religious Freedom And World Public Order: The Emerging Norm Of Nondiscrimination, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Michigan Law Review

Discrimination based upon religious beliefs and expressions forms the basis for some of the most serious deprivations of civil and political rights. The religious beliefs and expressions that are commonly the ground for discrimination include all of the traditional faiths and justifications from which norms of responsible conduct--that is, judgments about right and wrong--are derived. These beliefs may be theological in the sense that they refer to a personalized transempirical source of an unchallengeable message or metaphysical in the sense that they are grounded upon nonpersonalized transempirical conceptions; sometimes they are more empirical, based upon varying conceptions of science or …

The International Bill Of Rights: Scope And Implementation, John P. Humphrey

William & Mary Law Review

No abstract provided.

Illegitimacy And Equal Protection: Two Tiers Or An Analytical Grab-Bag?, Stephen K. Weber

Loyola University Chicago Law Journal

No abstract provided.

Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau

Vanderbilt Journal of Transnational Law

Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.

The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …

Political Prisoners: The Law And Politics Of Protection, David P. Forsythe

Vanderbilt Journal of Transnational Law

In the fall of 1975 the United States, in a much publicized step at the United Nations, introduced an abortive resolution calling for world-wide amnesty for political prisoners. Admittedly, this draft resolution was withdrawn because of crippling amendments, and it may well be that this American initiative was launched more to deflect criticism to others than to help political prisoners. But it seems to be the case--at least from a Western perspective--that political prisoners are becoming a more salient subject in world affairs. The concept of political prisoners has existed for quite awhile. In the last decade and a half, …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

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Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

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Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

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EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Books Received

AFRICAN GOALS AND DIPLOMATIC STRATEGIES IN THE UNITED NATIONS By Moses E. Akpan

North Quincy, Mass.: Christopher Publishing House, 1976. Pp. 165. $9.95.

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BASIC PROBLEMS OF THE EUROPEAN COMMUNITY

Edited by P.D. Dagtoglou

Oxford: Basil Blackwell, 1975. Pp. xvii, 286, $18.00.

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BIBLIOGRAPHY ON TAXATION OF FOREIGN OPERATIONS AND FOREIGNERS: 1968-1975

By Elisabeth Owens & Gretchen Hovemeyer

Cambridge, Mass.: International Tax Program, Harvard Law School,1976. Pp. xiii, 107. $7.50.

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THE CONSTITUTION AND THE CONDUCT OF FOREIGN POLICY

Edited by Francis 0. Wilcox and Richard A. Frank

New York: Praeger Publishers, 1976. Pp. xiv, 145. $12.50.

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The Human Rights Of The Aged: An Application Of The General Norm Of Nondiscrimination, Myers Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The World As Reality, As Resource, And As Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

Recognizing The Needs Of Adopted Persons: A Proposal To Amend The Illinois Adoption Act, Stephen A. Gorman

Loyola University Chicago Law Journal

No abstract provided.

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Book Reviews, Joseph J. Norton, L. Harold Levinson

Vanderbilt Journal of Transnational Law

When considered as an installment in the unfolding of Friedmann's views, based on his earlier writings, the conclusion to the book under review is to be cherished. When considered, on the other hand, solely in context of the contributed chapters of the same volume, the conclusion does not emerge as Friedmann at his most forceful or persuasive. To find the best of Friedmann, we need only sample his prolific contributions to the law reviews, whether on the United States involvement in the Vietnam conflict, the judgment of the International Court in the South West Africa cases, the risks to humanity …

New York's Right Of Privacy – The Need For Change, Kent Greenawalt

Faculty Scholarship

In 1890 Samuel Warren and Louis Brandeis wrote a famous article on the right to privacy. Concerned especially with newspaper publications about private and family matters, they urged that courts recognize an explicit right to privacy from unreasonable publicity. According to Warren and Brandeis, certain already recognized rights did in fact protect a person's wish to keep his private thoughts private, though these 1ights were founded on some more traditional legal theories. For example, the privilege of a writer of a letter to bar anyone's publication of the letter had been articulated in decisions as a property right, even when …

Federal And State Services And The Maine Indian : A Report, United States Commission On Civil Rights. Maine Advisory Committee

Maine Collection

Federal and State Services and the Maine Indian : A Report.

"A report of the Maine Advisory Committee to the United States Commission on Civil Rights prepared for the information and consideration of the Commission. This report will be considered by the Commission, and the Commission will make public its reaction. In the meantime, the findings and recommendations of this report should not be attributed to the Commission, but only to the Maine Advisory Committee. December 1974."

The Organized Bar--Yellow Brick Road To Legal Services For The Poor, Lawrence L. Thompson, R. William Ide, Iii

Vanderbilt Law Review

The experience of GILS-GLSP demonstrates that the extensive investment of time necessary to involve the organized bar in the legal services effort can make a vital contribution to the development of a stable, professional, statewide, legal services program. Bar support eases access to the political process, improves community relations, and facilitates program funding. Furthermore, bar support helps reduce the political strife that has heretofore plagued legal services programs. The rewards of such an approach can be great. Adequate funding obtained with active bar support has enabled GILS-GLSP to provide increasingly comprehensive legal services to indigent clients. From a modest budget …

Informed Consent And Human Experimentation, Lawrence Emma

North Carolina Central Law Review

No abstract provided.

The Palestinian People And Their Political, Military And Legal Status In The World Community, Stefan Tolin

North Carolina Central Law Review

No abstract provided.

Nationality And Human Rights: The Protection Of The Individual In External Arenas, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …

Book Review, W. Leslie Peat

Vanderbilt Law Review

The Ethical Investor is, despite its flaws, as thorough and comprehensive a treatment of the problems of universities and corporate responsibility as might be desired. It should be required reading for university trustees, and it offers many valuable insights to the general reader. Although it may appear that student and faculty interest has diminished somewhat during the past two years, it is nearly a certainty that this has been more the result of an intelligent and sincere response by university administrators and trustees than of any profound change in the climate of opinion. If the universities continue to respond in …

The New York Indians' Right To Self-Determination, James W. Clute

Buffalo Law Review

No abstract provided.

The Equal Rights Amendment: Constraint On Discretion In Family Law, Marylou Clark, Tricia Semmelhack, Sara Steinbock

Buffalo Law Review

No abstract provided.

More Than Law, Anthony J. Celebrezze

Vanderbilt Law Review

In mid-1963, at hearings' on what was to become the Civil Rights Act of 1964, I expressed my regret that some 37 years prior to the end of the twentieth century we found it necessary to take up legislation that dealt with basic human rights. Today, nearly a decade later, I express a similar regret that those rights have not yet been realized for every citizen of this nation.

Declaration On The Human Environment, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Unlawful Seizures And Irregular Rendition Devices As Alternatives To Extradition, M. Cherif Bassiouni

Vanderbilt Journal of Transnational Law

Extradition is a legal device whereby a state requests from an-other the surrender of a person accused or convicted of a crime. It is one of the modes of cooperation in penal matters between states. One rationale for extradition is that all states have an obligation to cooperate in the suppression of criminality and must, therefore, surrender to each other accused and fugitive offenders. This ration-ale is based on the maxim "aut dedere aut iudicare". Extradition law and practice have been slow to recognize the rights of those persons who are the objects of its proceedings. In fact, the whole …

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

Case Digest

1. ADMINISTRATIVE

NON-VESSEL-OPERATING COMMON CARRIERS HAVE BURDEN OF PROOF TO JUSTIFY THE REASONABLENESS OF PROPOSED RATE INCREASE IN A FEDERAL MARITIME COMMISSION PROCEEDING

2. ADMIRALTY

COMPARATIVE NEGLIGENCE STANDARD APPLICABLE TO THE CANAL ZONE COMPANY DOES NOT SUPERSEDE THE RULE OF DIVIDED DAMAGES BETWEEN VESSELS

FAILURE TO OBEY COMMANDS OF SHIP MASTER BECAUSE OF VOLUNTARY INTOXICATION CONSTITUTES WILLFUL DISOBEDIENCE

PREJUDGMENT INTEREST FROM DATE OF JUDICIAL DEMAND IS PROPER WHEN ORIGINAL ACTION AT LAW Is CHANGED TO ADMIRALTY BY WITHDRAWAL OF JURY DEMAND

THE PERSONAL REPRESENTATIVE ALONE HAS STANDING TO BRING A WRONGFUL DEATH ACTION IN GENERAL MARITIME LAW

PERMITTING …

Overruling Roe V. Wade: An Analysis Of The Proposed Constitutional Amendments, Charles E. Rice

Journal Articles

It is not my purpose here to criticize the abortion decisions in detail. Professor Robert M. Byrn has exposed the many specific errors and evasions found in the majority opinions in those cases. As Professor Byrn demonstrates, the Supreme Court's opinions in Wade and Bolton are an intellectual shambles. I will not try to cover the same detailed ground that Professor Byrn did. Rather, after examining the medical evidence which establishes that the unborn child is a human being from the moment of conception, this article will evaluate the propriety of excluding this class of human beings from the protections …

The European Convention On Human Rights And The United Nations Covenant On Civil And Political Rights: Problems Of Coexistence, Marc-André Eissen

Buffalo Law Review

This article is a revised and expanded version of a work entitled Convention européenne des Droits de l'Homme et Pacte des Nations Unies relatif aux droits civils et politiques: problgmes de "coexistence," which was published by Mr. Eissen in 30 ZEITSCHRIFT FUR AUSLÄNDISCHES OFFENTLICHES RECHT UND VÖLKERRECHT 237 and 646 (1970).