Seeking Justice In Lago Agrio And Beyond:
An Argument For Joint Responsibility Of Host States And
Foreign Investors Before The Regional Human Rights Systems,
2010
American
University Washington College of Law
Seeking Justice In Lago Agrio And Beyond: An Argument For Joint Responsibility Of Host States And Foreign Investors Before The Regional Human Rights Systems, Megan S. Chapman
Human Rights Brief
No abstract provided.
Thinking/Practicing Clinical Legal Education From Within The Palestinian-Israeli Conflict: Lessons From The Al-Quds Human Rights Clinic,
2010
American
University Washington College of Law
Thinking/Practicing Clinical Legal Education From Within The Palestinian-Israeli Conflict: Lessons From The Al-Quds Human Rights Clinic, David F. Chavkin
Human Rights Brief
No abstract provided.
The La Oroya Case: The Relationship Between
Environmental Degradation And Human Rights Violations,
2010
American University Washington College of Law
The La Oroya Case: The Relationship Between Environmental Degradation And Human Rights Violations, Paula Spieler
Human Rights Brief
No abstract provided.
Special Coverage Of The 140th Period Of Sessions Of The Inter-American Commission On Human Rights,
2010
American
University Washington College of Law
Special Coverage Of The 140th Period Of Sessions Of The Inter-American Commission On Human Rights, Sarah Mazzochi, Jess Portmess, Alexandra Haney
Human Rights Brief
No abstract provided.
International Legal Updates,
2010
American
University Washington College of Law
International Legal Updates, Aimee Mayer, Jessica Lynd, Christopher Tansey, Molly Hofsommer, Misty Seemans, Kaitlin Brush, Leah Chavla
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts,
2010
American
University Washington College of Law
Updates From The International And Internationalized Criminal Courts, Ivan Carpio, Lindsay Roberts, Zsofia Young, Christopher Tansey, Paul Rinefierd, Slava Kuperstein
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems,
2010
American
University Washington College of Law
Updates From The Regional Human Rights Systems, Sarira Sadeghi, Christopher Tansey, Michael Becker, Emilyrose Johns, Carson Osberg
Human Rights Brief
No abstract provided.
United Nations And Ngo Updates,
2010
American
University Washington College of Law
United Nations And Ngo Updates, Thomas Avery, Sikina S. Hasham
Human Rights Brief
No abstract provided.
Book Review,
2010
American
University Washington College of Law
The Scope Of Congress's Thirteenth Amendment Enforcement Power After City Of Boerne V. Flores,
2010
Notre Dame Law School
The Scope Of Congress's Thirteenth Amendment Enforcement Power After City Of Boerne V. Flores, Jennifer Mason Mcaward
Journal Articles
Section Two of the Thirteenth Amendment grants Congress power “to enforce this article by appropriate legislation.” In Jones v. Alfred H. Mayer Co., the Supreme Court held that Section Two permits Congress to define the “badges and incidents of slavery” and pass “all laws necessary and proper” for their abolition. Congress has passed a number of civil rights laws under this understanding of its Section Two power. Several commentators have urged Congress to expansively define the “badges and incidents of slavery” and use Section Two to address everything from racial profiling to discrimination on the basis of gender and sexual …
Human Rights In The Emerging World Order,
2010
Columbia Law School
Human Rights In The Emerging World Order, Joseph Raz
Faculty Scholarship
Pursuing the so-called political account of human rights, this talk first explains some aspects of the relations between legal and moral rights, and between rights and interests, and then applies the analysis to provide an explanation of human rights. Using the rights to health and to education as examples, it rejects the traditional theory that takes human rights to be rights that people have in virtue of their humanity alone. But human rights are synchronically universal. They are rights which all people living today have, a feature that is a precondition of, and a result of, the fact that they …
The Global Law Of The Land,
2010
University of Colorado Law School
The Global Law Of The Land, Amnon Lehavi
University of Colorado Law Review
Are we witnessing the gradual universality of national land laws, which have traditionally been considered to be the paradigm of legal idiosyncrasy by virtue of their reflection of place-specific society, culture, and politics? This Article offers an innovative analysis of the conflicting forces at work in this legal field, based on a historical, comparative, and theoretical study of the structures and strictures of domestic land laws and current cross-border phenomena that dramatically affect national land systems. The central thesis of this Article is that, irrespective of our basic normative viewpoint regarding the opening up of domestic land laws to the …
Forced Marriage And The Exoticization Of Gendered Harms In United States Asylum Law,
2010
Allard School of Law at the University of British Columbia
Forced Marriage And The Exoticization Of Gendered Harms In United States Asylum Law, Jenni Millbank, Catherine Dauvergne
All Faculty Publications
While claims of forced marriage or pressure to marry represent only a tiny portion of refugee claims overall, they provide an illuminating sliver reflecting the major recurring themes in gender and sexuality claims from recent decades. Refusal to marry is a flashpoint for expressing non-conformity with expected gender roles for heterosexual women, lesbians and gay men. This paper presents results from our study of 168 refugee decisions from Australia, Canada, the United Kingdom and the United States where part of the claim for refugee protection concerned actual or threatened forced marriage. In the present discussion, we highlight our findings from …
In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility,
2010
Allard School of Law at the University of British Columbia
In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood
All Faculty Publications
The Working Group on Social Responsibility (WGSR) of the International Organization for Standardization (ISO) will meet in Copenhagen from May 17 to 21, 2010 for what is likely to be its last meeting to work on ISO 26000, an international guide on social responsibility. One of the central challenges for the WGSR is to define the scope of an organization’s responsibility for human rights abuses committed by third parties. ISO 26000, approved by a large majority in a recent "Draft International Standard" ballot, answers this question largely in terms of an organization’s degree of control or influence over others’ conduct. …
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights,
2010
Singapore Management University
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people …
The Promise And Limits Of Local Human Rights Internationalism,
2010
Florida State University College of Law
The Promise And Limits Of Local Human Rights Internationalism, Lesley Wexler
Fordham Urban Law Journal
The fourth of a multi-part series of papers that takes a supportive but critical look at the project of bringing international law home. This article focuses on cities as a vital pathway to bring the human rights discussion from the international to the local.
Embedded International Law And The Constitution Abroad,
2010
Columbia Law School
Embedded International Law And The Constitution Abroad, Sarah H. Cleveland
Faculty Scholarship
This Essay explores the role of "embedded" international law in U.S. constitutional interpretation, in the context of extraterritorial application of the Constitution. Traditional U.S. understandings of the Constitution's application abroad were informed by nineteenth-century international law principles of jurisdiction, which largely limited the authority of a sovereign state to its geographic territory. Both international law and constitutional law since have developed significantly away from strictly territorial understandings of governmental authority, however. Modern international law principles of jurisdiction and state responsibility now recognize that states legitimately may exercise power in a number of extraterritorial contexts, and that legal obligations may apply …
Rethinking International Women's Human Rights Through Eve Sedgwick,
2010
Elisabeth Haub School of Law at Pace University
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire. My own work looks at how the state regulates gender in the “public” sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of universalist constitutionalism and equality. My current work, Unsex CEDAW: What's Wrong with Women's …
A Prisoner's Constitutional Right To Medical Information: Doctrinally Flawed And A Threat To State Informed Consent Law,
2010
Saint Louis University School of Law
A Prisoner's Constitutional Right To Medical Information: Doctrinally Flawed And A Threat To State Informed Consent Law, Robert Gatter
All Faculty Scholarship
White v. Napoleon and its progeny recognize a substantive due process right to receive the disclosure of medical treatment information. While each case involves a prisoner receiving treatment while in custody, the constitutional right described in those cases is not limited to prisoners. Instead, the right is described as belonging to all individuals. Consequently, this line of cases is poised to interfere with the disclosure standards that operate in state informed consent law in the many instances where state action exists. This Article argues that the substantive due process right recognized in White should be overturned. The right is based …
A Behavioral Approach To Human Rights,
2010
University of Kentucky College of Law
A Behavioral Approach To Human Rights, Andrew K. Woods
Law Faculty Scholarly Articles
For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …
