Our Debt To De Vitoria: A Catholic Foundation Of Human Rights,
2012
Loyola University Chicago
Our Debt To De Vitoria: A Catholic Foundation Of Human Rights, Robert J. Araujo S.J.
Faculty Publications & Other Works
No abstract provided.
Support And Defend: Civil-Military Relations In The Age Of Obama,
2012
Pace Law School
Support And Defend: Civil-Military Relations In The Age Of Obama, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
Part I discusses A More Perfect Military: How the Constitution Can Make Our Military Stronger by law professor Diane Mazur, a new book that examines recent civil-military relations in the United States. Her carefully constructed work maintains that since the Vietnam era, the United States Supreme Court has hewn the armed forces from general society in order to create a separate—and more socially conservative—sphere. Part II discusses The Decline and Fall of the American Republic by constitutional scholar Bruce Ackerman, a wise and wide-ranging book that argues that the nation’s polity is in decline and that the increasingly politicized armed …
The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?,
2012
Benjamin N. Cardozo School of Law
The Secular And Religious Legal Framework Of Afghanistan As Compared To Western Notions Of Equal Protection And Human Rights Treaties: Is Afghanistan's Legal Code Facially Consistent With Sex Equality?, Laura Belkner
Cardozo Journal of International and Comparative Law
The note examines Afghanistan's legal framework, arguing that while it is facially consistent with sex equality as per the Afghan Constitution and international treaties, the practical implementation is hindered by cultural and traditional practices. This discrepancy highlights the gap between legal provisions and real-world application.
Destinations: A Comparison Of Sex Trafficking In India And The United States,
2012
University of Colorado Law School
Destinations: A Comparison Of Sex Trafficking In India And The United States, Sarah Montana Hart
University of Colorado Law Review
This Note examines the similarities and differences between sex trafficking in India and the United States. It highlights three similarities between the countries. First, the basic sexual demands of the johns are not being met by the local population of women despite that population's vulnerabilities. Second, sex trafficking is usually more profitable than legal alternatives for the pimps. Third, the victims are lured by the dreams of a better life that the traffickers supposedly can provide and will therefore often consent to travel with them until it is too late. This Note argues that if these three truths apply in …
Rights To Health Care In The United States: Inherently Unstable,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Rights To Health Care In The United States: Inherently Unstable, David Orentlicher
Scholarly Works
No abstract provided.
Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights,
2012
University of Nevada, Las Vegas -- William S. Boyd School of Law
Stoney Road Out Of Eden: The Struggle To Recover Insurance For Armenian Genocide Deaths And Its Implications For The Future Of State Authority, Contract Rights, And Human Rights, Jeffrey W. Stempel, Sarig Armenian, David Mcclure
Scholarly Works
The Armenian Genocide during the waning days of the Ottoman Empire continues to represent one of history’s underappreciated atrocities. Comparatively few people even know about the 1.5 million deaths or the government-sponsored extermination attempt that provided Hitler with a blueprint for the Nazi Holocaust. Unlike the Holocaust, however, there was never any accounting demanded of those responsible for the Armenian Genocide. In the aftermath of both tragedies, insurers seized upon the resulting disarray and victimization to deny life insurance benefits owed as a result of the killings. American-based litigation to vindicate rights under the Armenian polices faced substantial legal and …
The Global Food System, Environmental Protection, And Human Rights,
2012
Seattle University School of Law
The Global Food System, Environmental Protection, And Human Rights, Carmen G. Gonzalez
Faculty Articles
The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal framework fails to regulate food and agriculture in an integrated manner. The international legal framework governing food and agriculture is fragmented into three self-contained regimes that have historically operated in isolation from one another: international human rights law, international environmental law, and international trade law. International trade law has taken precedence over human rights …
A Talent For Risk And Trust: A Tribute To Aryeh Neier,
2012
Georgetown University Law Center
A Talent For Risk And Trust: A Tribute To Aryeh Neier, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
This essay is a tribute to Aryeh Neier, former president emeritus of the Open Society Foundations and founder of the Human Rights Watch. The author discusses Aryeh Neier's talent for risk and trust.
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State,
2012
Notre Dame Law School
The Catholic Church, Human Rights, And Democracy: Convergence And Conflict With The Modern State, Paolo G. Carozza, Daniel Philpott
Journal Articles
The author traces the history of the Catholic Church's relationship to the modern state, focusing on the idea of sovereignty and the development of human rights and democracy. It argues that the Catholic Church's relationship to human rights and democracy in the modern world can only be understood as reflective of both a historical convergence and a persistent tension and ambivalence. The first part argues for this dual theme in the development of Catholic doctrine, where today, as over the past several centuries, the Church's conception of the common good yields both an embrace of human rights and democracy and …
Post-9/11 Lawyers,
2012
Osgoode Hall Law School of York University
Post-9/11 Lawyers, Trevor C. W. Farrow
Articles & Book Chapters
Based on notes made by the author during a visit to the World Trade Center site in lower Manhattan.
The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?,
2012
Claude W. Pettit College of Law
The New Guiding Principles On Business And Human Rights' Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali
Cardozo Journal of International and Comparative Law
No abstract provided.
Where Liberty Lies: Civil Society And Individual Rights After 9/11,
2012
Georgetown University Law Center
Where Liberty Lies: Civil Society And Individual Rights After 9/11, David Cole
Georgetown Law Faculty Publications and Other Works
Had someone told you, on September 11, 2001, that the United States would not be able to do whatever it wanted in response to the terrorist attacks of that day, you might well have questioned their sanity. The United States was the most powerful country in the world, and had the world’s sympathy in the immediate aftermath of the attacks. Who would stop it? Al Qaeda had few friends beyond the Taliban. As a historical matter, Congress and the courts had virtually always deferred to the executive in such times of crisis. And the American polity was unlikely to object …
Alien Tort Claims And The Status Of Customary International Law,
2012
Georgetown University Law Center
Alien Tort Claims And The Status Of Customary International Law, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Much of the recent debate about the status of customary international law in the U.S. legal system has revolved around the alien tort provision of the Judiciary Act of 1789, currently section 1350 of Title 28. In Filártiga v. Peńa-Irala, the decision that launched modern human rights litigation in the United States, the Court of Appeals for the Second Circuit relied on the view that customary international law has the status of federal common law in upholding section 1350’s grant of federal jurisdiction over a suit between aliens. The court’s position that customary international law was federal law was …
Human Trafficking Victim Identification: Should Consent Matter, 45 Ind. L. Rev. 483 (2012),
2012
John Marshall Law School
Human Trafficking Victim Identification: Should Consent Matter, 45 Ind. L. Rev. 483 (2012), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
It is widely accepted that human trafficking is a global phenomenon that poses a significant problem within the United States. Despite its wealth and sophisticated law enforcement paradigms, the United States is the third largest destination country for human trafficking victims. In fact, human trafficking in the United States is increasing. Scholars have advanced a myriad of reasons to explain this problem. For example, some have pronounced the conscious neglect of men and boys in the investigation, reporting, and publicity of human trafficking a serious impediment to progress in combating trafficking. The ease with which corporations avoid prosecution under the …
The Wrong Track, Baby - How Damage To Gay Youth Was Borne This Way: Via Ideologically Bound Law Reviews Publishing "Hopey Changey Stuff',
2012
Western State University College of Law
The Wrong Track, Baby - How Damage To Gay Youth Was Borne This Way: Via Ideologically Bound Law Reviews Publishing "Hopey Changey Stuff', David Gröshöff
Cardozo Journal of Equal Rights & Social Justice
The article critiques the use of flawed, ideologically driven legal scholarship in court cases involving LGBTQ+ rights, particularly in the context of adoption and foster parenting. It highlights how such scholarship, often published in law reviews with inadequate peer review, has been used to discriminate against LGBTQ+ individuals. The analysis focuses on the work of George Rekers and Paul Cameron, whose research was cited in court cases to argue against LGBTQ+ parenting rights, despite significant methodological flaws and ethical violations. The article underscores the need for rigorous ethical standards and peer review in legal scholarship to prevent the perpetuation of …
Surviving Castle Rock: The Human Rights Of Domestic Violence,
2012
University of Maryland Francis King Carey School of Law
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Cardozo Journal of Equal Rights & Social Justice
The article critically examines the U.S. Supreme Court's decision in Town of Castle Rock v. Gonzales and its broader implications for domestic violence survivors' rights. It argues that the Court's adherence to a "Negative Constitution," which limits government obligations to citizens, fails to protect vulnerable populations and violates international human rights standards. The article advocates for incorporating international law into U.S. jurisprudence to address systemic failures in responding to domestic violence.
Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual,
2012
Centre for Health, Bioethics and Human Rights, Enugu, Nigeria
Circumcision Or Mutilation - Voluntary Or Forced Excision - Extricating The Ethical And Legal Issues In Female Genital Ritual, Obiajulu Nnamuchi
Journal of Law and Health
This Article consists of seven sections. Following the introduction, Part II reconstructs the debate as to whether Female Genital Ritual is a legitimate cultural practice or a human rights violation, and it sets forth the major arguments. Part III delves into, and debunks, the moral relativist argument regarding FGR. Part IV seeks to determine whether FGM is evil. A foray into the theory of evil, the section draws critical distinctions between FC and FGM and explains why the distinctions are of paramount moral importance. Part IV also concludes that FGM is evil, and thus, among the issues related to the …
Beyond Nuremberg: A Critique Of Informed Consent In Third World Human Subject Research
,
2012
Cleveland State University
Beyond Nuremberg: A Critique Of Informed Consent In Third World Human Subject Research , Jacob Schuman
Journal of Law and Health
This Article discusses the history of informed consent, critically analyzes this principle, and suggests an alternative approach to informed consent. Part II explores the concept of informed consent, including its philosophical bases, its implementation through FDA regulations, and current proposals on how to protect the principle in drug testing conducted abroad. Part III performs a critical analysis of the principle of informed consent; first providing an empirical examination of the realities of Third World human subject research, and then questioning both the coherence of an abstract “right” to informed consent, as well as the possibility of truly autonomous “consent” to …
Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People,
2012
Loyola University Chicago, School of Law
Growing The Toolbox: Diverse Strategies For Public Interest Lawyers In Campaigns To Expand Access To Health Care For Low-Income People, John Bouman
Public Interest Law Reporter
No abstract provided.
Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights,
2012
Loyola University Chicago, School of Law
Constitutional Catastrophe: The National Defense Authorization Act Vs. The Bill Of Rights, Shahid Buttar
Public Interest Law Reporter
No abstract provided.
