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Articles 12031 - 12060 of 12315

Full-Text Articles in Human Rights Law

Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile Apr 1986

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 …

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Kennan And Human Rights, Gordon A. Christenson Jan 1986

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.

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Feast Or Famine: Do Ethiopians Have A Choice?, Janice J. Bole Jan 1986

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.

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

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.

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An Analysis Of The 1984 Draft Convention Against Torture And Other Cruel, Inhuman Or Degrading Treatment Or Pubishment, Ahcene Boulesbaa Jan 1986

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.

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Judicial Failure To Enforce Human Rights Legislation: An Alternative Analysis Of Crockett V. Reagan, Mark P. Gibney Jan 1986

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.

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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 Jan 1986

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.

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Child Abuse: A Practitioner's Guide To The Trial Of Child Abuse Cases In Criminal Court, Catherine Tinker Jan 1986

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.

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Conscientious Objection To Service In The South African Defence Force As A Ground For Political Asylum In The United States, Dominic Holzhaus Jan 1986

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.

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Ethics And The Settlement Of Civil Rights Cases: Can Attorneys Keep Their Virtue And Their Fees?, Lloyd B. Snyder Jan 1986

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 …

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Correspondence, Alan Watson Jan 1986

Correspondence, Alan Watson

Cardozo Law Review

No abstract provided.

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An Essay On Executive Branch Attempts To Eviscerate The Separation Of Powers, Christopher L. Blakesley Jan 1986

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 …

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The Evisceration Of The Political Offense Exception To Extradition, Christopher L. Blakesley Jan 1986

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 …

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Human Rights In Africa: Observations On The Implications Of Economic Priority, Minasse Haile Jan 1986

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 …

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Treatment Refusals For The Critically And Terminally Ill: Proposed Rules For The Family, The Physician, And The State, Stephen A. Newman Jan 1986

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.

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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 Jan 1986

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.

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Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth Jan 1986

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

Articles by Maurer Faculty

No abstract provided.

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Teaching Human Rights Law, Howard R. Berman Sep 1985

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

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The Impact On Women Of Entrenchment Of Property Rights In The Canadian Charter Of Rights And Freedoms, Clare F. Beckton Jun 1985

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:

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Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal Mar 1985

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. …

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Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze Mar 1985

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 …

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Introduction, Richard Falk Mar 1985

Introduction, Richard Falk

Antioch Law Journal

No abstract provided.

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Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg Mar 1985

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, …

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The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich Mar 1985

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 …

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Hijacking, Freedom, And The "American Way", Andreas F. Lowenfeld Feb 1985

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

Michigan Law Review

A Review of Judgment in Berlin by Herbert J. Stern

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The Legal System And Criminal Responsibility Of Intellectuals In The People's Republic Of China, 1949-1982, Carlos Wing-Hung Lo Jan 1985

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.

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Ua21 Wku Affirmative Action Plan Volume V, Wku Office Of Equal Opportunity / 504 / Ada Compliance Jan 1985

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.

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Ua21 Wku Affirmative Action Plan, Volume Vi, Wku Office Of Equal Opportunity / 504 / Ada Compliance Jan 1985

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.

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After Tel-Oren: Should Federal Courts Infer A Cause Of Action Under The Alien Tort Claims Act, Gregory A. Gross Jan 1985

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 …

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Action Specific Human Rights Legislation For El Salvador, Kenneth Anderson Jan 1985

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.

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