AuthorTitleCitationSummaryYearKey Term
Kirsten Matoy Carlson PRICELESS PROPERTY 29 Georgia State University Law Review 685 (Spring, 2013) In 2011, the poorest American Indians in the United States refused to accept over one billion dollars from the United States government. They reiterated their long-held belief that money--even $1.3 billion--could not compensate them for the taking of their beloved Black Hills. A closer look at the formation of the Sioux claim to the Black Hills... 2013  
David Kaye STATE EXECUTION OF THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS 3 UC Irvine Law Review 95 (February, 2013) Introduction. 101 I. The ICCPR and Federalism. 100 A. Obligations Under the ICCPR. 100 B. Federalism and the Ratification of the ICCPR. 104 II. Limited Federal and State Action Under the ICCPR. 110 III. ICCPR Execution at the State Level. 116 A. Why State Execution?. 117 B. Elements of State Execution. 119 C. Potential Arguments Against State... 2013  
Rosalie Berger Levinson TARGETED HATE SPEECH AND THE FIRST AMENDMENT: HOW THE SUPREME COURT SHOULD HAVE DECIDED SNYDER 46 Suffolk University Law Review 45 (2013) When the content and the inherent purpose of speech become immaterial from a legal perspective, freedom of speech may be abused in a manner which contradicts the basic principles of a free society. Speech by hate groups can be utilized to willfully inflict injury on the targets of hate, turning the freedom of speech into a defense of unjust... 2013  
Michael J. Perry THE MORALITY OF HUMAN RIGHTS 50 San Diego Law Review 775 (November-December 2013) In the period since the end of the Second World War, there has emerged what never before existed: a truly global morality. That morality, which I call the morality of human rights, consists not only of various rights recognized by the great majority of the countries of the world as human rights but also of a fundamental imperative that directs... 2013  
Oona A. Hathaway, Spencer Amdur, Celia Choy, Samir Deger-Sen, John Paredes, Sally Pei, Haley Nix Proctor THE TREATY POWER: ITS HISTORY, SCOPE, AND LIMITS 98 Cornell Law Review 239 (January, 2013) This Article examines the scope of the treaty power under the U.S. Constitution. A recent challenge in the courts has revived a debate over the reach and limits of the federal government's treaty power that dates to the Founding. This Article begins by placing today's debate into historical perspective--examining the understanding of the treaty... 2013  
Kristen E. Eichensehr TREATY TERMINATION AND THE SEPARATION OF POWERS 53 Virginia Journal of International Law 247 (Spring, 2013) The President, Congress, and the courts have long disagreed about who has the power to terminate treaties. Presidents have claimed the power to terminate treaties unilaterally, while Congress and particularly the Senate have argued that because the political branches share the power to make treaties, they should also share the power to terminate... 2013  
Anna C. Erwin ARIZONA SENATE BILL 1070, BRIGNONI, AND THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: HAS THE UNITED STATES COMPLIED WITH ITS TREATY OBLIGATIONS, AND SHOULD IT IN THE FUTURE? 11 Washington University Global Studies Law Review 193 (2012) On December 21, 1965, in the midst of apartheid and extreme racial tensions throughout the world, the General Assembly of the United Nations (UN) signed and ratified the Convention on the Elimination of All Forms of Racial Discrimination (CERD). CERD seeks to prohibit and to eliminate racial discrimination in all its forms and to guarantee the... 2012 Yes
Kathryn D. DeMarco DISABLED BY SOLITUDE: THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES AND ITS IMPACT ON THE USE OF SUPERMAX SOLITARY CONFINEMENT 66 University of Miami Law Review 523 (Winter 2012) I. Introduction. 524 II. The CRPD. 529 A. The CRPD and State-Imposed Disabilities.. 530 B. Disablement as a Legal Concept. 531 III. Supermax Solitary Confinement. 535 A. History of Supermax Solitary Confinement. 535 B. Current Description of Solitary Confinement in U.S. Supermax Prisons. 536 IV. The Mental Effects of Sensory Deprivation from... 2012 Yes
Gwendolyn Roberts Majette GLOBAL HEALTH LAW NORMS AND THE PPACA FRAMEWORK TO ELIMINATE HEALTH DISPARITIES 55 Howard Law Journal 887 (Spring 2012) INTRODUCTION. 890 I. GLOBAL HEALTH LAWS THAT IMPOSE A DUTY ON THE UNITED STATES TO REDUCE OR ELIMINATE HEALTH DISPARITIES. 893 A. The Right to Health Under the International Covenant on Economic, Social and Cultural Rights (ICESCR), General Comment 14, and Reports of the Special Rapporteur for Health. 894 B. The International Convention on the... 2012 Yes
Risa E. Kaufman "BY SOME OTHER MEANS": CONSIDERING THE EXECUTIVE'S ROLE IN FOSTERING SUBNATIONAL HUMAN RIGHTS COMPLIANCE 33 Cardozo Law Review 1971 (June, 2012) The broad realization of human rights domestically requires strong partnership among all levels of government. Indeed, international and domestic law support an important role for state and local governments in implementing the United States's human rights treaty commitments, with the federal government retaining ultimate responsibility. While the... 2012  
Mortimer Sellers CHAPTER 2 UNIVERSAL HUMAN RIGHTS IN THE LAW OF THE UNITED STATES 16 IUS Gentium 13 (2012) The founding legal principles and separate political existence of the United States of America began with the claim that all men are born with certain unalienable rights, including rights to life, liberty, and the pursuit of happiness (Declaration of Independence of the United States of America, July 4, 1776). The United States' Declaration... 2012  
Yvonne M. Dutton COMMITMENT TO INTERNATIONAL HUMAN RIGHTS TREATIES: THE ROLE OF ENFORCEMENT MECHANISMS 34 University of Pennsylvania Journal of International Law 1 (Fall, 2012) States continue to abuse human rights and commit mass atrocities even though for the past several decades they have overwhelmingly ratified a host of international human rights treaties. This Article seeks to explain this phenomenon and suggests that where treaty enforcement mechanisms are too weak for states to view them as a credible threat to... 2012  
Jenny Sin-hang Ngai ENERGY AS A HUMAN RIGHT IN ARMED CONFLICT: A QUESTION OF UNIVERSAL NEED, SURVIVAL, AND HUMAN DIGNITY 37 Brooklyn Journal of International Law 579 (2012) It was never the people who complained of the universality of human rights, nor did the people consider human rights as a Western or Northern imposition. It was often their leaders who did so. --Kofi Annan This Article sets out to examine the individual's entitlement to access modern energy services in one of the most complex and pervasive... 2012  
Risa E. Kaufman FRAMING ECONOMIC, SOCIAL, AND CULTURAL RIGHTS AT THE U.N. 4 Northeastern University Law Journal 407 (Fall, 2012) Domestic social justice advocates understand that economic, social, and cultural rights are inextricable from civil and political rights. Thus, the United States' failure to ratify core international human rights treaties addressing economic, social, and cultural (ESC) rights has not prevented advocates from engaging the United Nations' human... 2012  
Tiernan Mennen , Cynthia Morel FROM M'INTOSH TO ENDOROIS: CREATION OF AN INTERNATIONAL INDIGENOUS RIGHT TO LAND 21 Tulane Journal of International and Comparative Law 37 (Winter, 2012) Vestiges of colonial land regimes still plague both developing and industrialised societies and further marginalise vulnerable, indigenous populations worldwide. Recent progressive jurisprudence--in particular the Endorois case out of Kenya--has begun to change this landscape. This Article streamlines the debate on indigenous and native rights to... 2012  
Natalia Lucak GEORGIA v. RUSSIAN FEDERATION: A QUESTION OF THE JURISDICTION OF THE INTERNATIONAL COURT OF JUSTICE 27 Maryland Journal of International Law 323 (2012) The limitations on both international and domestic courts' jurisdiction has created a gap in who will enforce human rights. First, the International Court of Justice (ICJ) has a limited role in international human rights disputes because only a state party may initiate proceedings at the ICJ. However, the victims of human rights violations are... 2012  
Reena K. Shah , Lauren E. Bartlett HUMAN RIGHTS IN THE UNITED STATES: LEGAL AID ALLEGES THAT DENYING ACCESS TO MIGRANT LABOR CAMPS IS A VIOLATION OF THE HUMAN RIGHT TO ACCESS JUSTICE 20 Human Rights Brief 15 (Fall, 2012) As of the year 2000, it is estimated that there are more than 86 million migrant workers worldwide, the vast majority of whom suffer poor living and working conditions. In the United States (U.S.), more than 3 million migrant farmworkers, including at least 100,000 children, are estimated to labor in fields every year, many of whom lack access to... 2012  
Kiyoteru Tsutsui, Claire Whitlinger, Alwyn Lim INTERNATIONAL HUMAN RIGHTS LAW AND SOCIAL MOVEMENTS: STATES' RESISTANCE AND CIVIL SOCIETY'S INSISTENCE 8 Annual Review of Law and Social Science 367 (2012) globalization, sociology of law, civil society, United Nations, state-society relationships This review examines recent scholarship on the rise of international human rights law and proposes that social movements have played critical roles both in elevating the standards of human rights in international law and in leveraging these standards into... 2012  
David Sloss LEGISLATING HUMAN RIGHTS: THE CASE FOR FEDERAL LEGISLATION TO FACILITATE DOMESTIC JUDICIAL APPLICATION OF INTERNATIONAL HUMAN RIGHTS TREATIES 35 Fordham International Law Journal 445 (January, 2012) INTRODUCTION 446 I. US NONCOMPLIANCE WITH HUMAN RIGHTS TREATY OBLIGATIONS 449 A. Juvenile Life Without Parole 451 B. Felon Disenfranchisement Laws 454 C. Prison Overcrowding and Maximum Security Prisons 458 II. WHY SHOULD THE UNITED STATES COMPLY WITH HUMAN RIGHTS TREATY COMMITMENTS? 462 A. Foreign Policy Considerations 462 B. Domestic Policy... 2012  
Max D. Siegel SURVIVING CASTLE ROCK: THE HUMAN RIGHTS OF DOMESTIC VIOLENCE 18 Cardozo Journal of Law & Gender 727 (Spring 2012) On June 22, 1999, the police department of Castle Rock, Colorado repeatedly dismissed Jessica Gonzalez' cries for help after her estranged, abusive husband abducted their three young daughters from her front yard. In so doing, law enforcement ignored a permanent restraining order Jessica had taken against her estranged husband explicitly stating on... 2012  
Eric S. Tars , Julia Lum , E. Kieran Paul THE CHAMPAGNE OF HOUSING RIGHTS: FRANCE'S ENFORCEABLE RIGHT TO HOUSING AND LESSONS FOR U.S. ADVOCATES 4 Northeastern University Law Journal 429 (Fall, 2012) The United States faces a homelessness crisis of record proportions. Each year, between 1.6 and 3.5 million people experience homelessness, including 1.35 million children. Amid the recent economic downturn and foreclosure crisis, homelessness rates have risen dramatically. In 2010, family homelessness increased by 9%. Social programs provide... 2012  
Marsha Levick, Jessica Feierman, Sharon Messenheimer Kelley, Naomi E. S. Goldstein, Kacey Mordecai THE EIGHTH AMENDMENT EVOLVES: DEFINING CRUEL AND UNUSUAL PUNISHMENT THROUGH THE LENS OF CHILDHOOD AND ADOLESCENCE 15 University of Pennsylvania Journal of Law and Social Change 285 (2012) INTRODUCTION: LOOKING BACKWARDS, LOOKING FORWARD. 286 I. DEVELOPMENTAL IMMATURITY: RESEARCH ON ADOLESCENT DEVELOPMENT. 293 A. Decision-Making. 293 B. Impulsivity. 294 C. Vulnerability. 295 D. Transitory Nature of Adolescence. 297 E. Neurological Differences Between Youth and Adults. 298 II. GRAHAM V. FLORIDA AND ROPER V. SIMMONS: THE UNITED STATES... 2012  
Hilary Hammell THE INTERNATIONAL HUMAN RIGHT TO SAFE AND HUMANE TREATMENT DURING PREGNANCY AND A THEORY FOR ITS APPLICATION IN U.S. COURTS 33 Women's Rights Law Reporter 244 (Winter-Spring 2012) Cases of pregnant women shackled while in U.S. prisons have been receiving increasing national and international attention. In Nelson v. Correctional Medical Services, the Eighth Circuit held that shackling a prisoner during labor amounted to cruel and inhumane treatment under the Eighth Amendment. Advocates have called the Nelson decision... 2012  
Brook Kelly THE MODERN HIV/AIDS EPIDEMIC AND HUMAN RIGHTS IN THE UNITED STATES: A LENS INTO LINGERING GENDER, RACE, AND HEALTH DISPARITIES AND CUTTING EDGE APPROACHES TO JUSTICE. 41 University of Baltimore Law Review 355 (Winter 2012) Disparities experienced by women of color living with HIV are a lens through which the failures of current HIV policies and anti-discrimination laws to address racial, gender, disability, and economic disparities can be viewed. Research has confirmed what is already known by people living with HIV: The HIV epidemic is driven by the same social and... 2012  
Wojciech Kornacki WHEN MINORITY GROUPS BECOME "PEOPLE" UNDER INTERNATIONAL LAW 25 New York International Law Review 59 (Winter, 2012) This article is about the minority group Autochtonomia, living in a UN member state. The group's recorded history starts in the 1300s. Before 1945, four different states have occupied the region where Autochtonomians live at different times throughout history. However, since 1945, Autochtonomians have enjoyed substantial autonomy, as only one other... 2012  
Heather L. Jones WHY COMPLY? AN ANALYSIS OF TRENDS IN COMPLIANCE WITH JUDGMENTS OF THE INTERNATIONAL COURT OF JUSTICE SINCE NICARAGUA 12 Chicago-Kent Journal of International and Comparative Law 1 (2012) C1-2Table of Contents Introduction. 2 I. Defining Compliance. 3 II. Factors Affecting Compliance. 3 A. External Political Influence. 4 1. Pressure from the International Community. 4 2. Presence of International Organizations. 5 3. Reputation Costs. 8 B. Parties' Need for a Definitive Solution. 10 1. Shared Interest. 11 2. Close Relations. 12 3.... 2012  
Bart M. J. Szewczyk, Wilmer Cutler Pickering Hale & Dorr LLP APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (GEORGIA v. RUSSIAN FEDERATION). PRELIMINARY OBJECTIONS. 50 ILM 607 (2011), AVAILABLE AT HTTP://WWW.ICJ-CIJ.ORG/. INTERNATIONAL COURT OF JUSTICE, APRIL 1, 105 American Journal of International Law 747 (October, 2011) On April 1, 2011, the International Court of Justice (ICJ) delivered a judgment on preliminary objections to its jurisdiction in Application of the International Convention on the Elimination of All Forms of Racial Discrimination, a contentious case between Georgia and the Russian Federation. In an earlier order dated October 15, 2008, the Court... 2011 Yes
Bianca Watts BETTER THAN A THOUSAND HOLLOW WORDS IS ONE WORD THAT BRINGS PEACE: ENFORCING ARTICLE 49(6) OF THE FOURTH GENEVA CONVENTION AGAINST ISRAELI SETTLEMENTS IN THE OCCUPIED PALESTINIAN TERRITORY 24 Pacific McGeorge Global Business & Development Law Journal 443 (2011) I. Introduction. 444 II. A Brief History of the Geneva IV and the Beginnings of the Settlement Enterprise. 445 A. Circumstances Surrounding the Creation of the Geneva IV. 445 B. Israel's Acquisition of the OPT. 446 III. Treatment of Settlements. 447 A. By Israel. 447 B. By the International Community. 448 1. U.N. General Assembly. 448 2. U.N.... 2011 Yes
Inter-American Commission on Human Rights INDIGENOUS AND TRIBAL PEOPLES' RIGHTS OVER THEIR ANCESTRAL LANDS AND NATURAL RESOURCES: NORMS AND JURISPRUDENCE OF THE INTER-AMERICAN HUMAN RIGHTS SYSTEM 35 American Indian Law Review 263 (2010-2011) I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... 2011 Yes
Paulina E. Davis RACISM, CAPITALISM, AND PREDATORY LENDING: HOW THE U.S. GOVERNMENT'S FAILURE TO REGULATE THE DISPROPORTIONATE NEGATIVE EFFECTS OF PAYDAY LENDING IN BLACK COMMUNITIES VIOLATES THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMIN 4 Human Rights & Globalization Law Review 61 (Fall, 2010/Spring, 2011) In 2009, two issues have received intense attention in the media; the first issue being the candidacy and election of the first Black president of the United States, and the other being the global economic meltdown. The election of Barack Obama catapulted an important, albeit diluted, conversation on race relations in this country as it... 2011 Yes
Audrey Daniel THE INTENT DOCTRINE AND CERD: HOW THE UNITED STATES FAILS TO MEET ITS INTERNATIONAL OBLIGATIONS IN RACIAL DISCRIMINATION JURISPRUDENCE 4 DePaul Journal for Social Justice 263 (Spring 2011) Although the United States ratified the International Convention on the Elimination of All Forms of Racial Discrimination, (hereinafter CERD or the Convention), it does not further its human rights objectives. Specifically it fails to address the Intent Doctrine, which requires that a plaintiff prove a perpetrator's intent to discriminate to... 2011 Yes
Johanna Kalb THE PERSISTENCE OF DUALISM IN HUMAN RIGHTS TREATY IMPLEMENTATION 30 Yale Law and Policy Review 71 (Fall 2011) Introduction. 72 I. The Paradox of Subnational Engagement with the Human Rights Treaties. 75 A. Identifying the Paradox. 76 B. Explaining the Paradox. 89 II. Dualism in Treaty Implementation. 96 A. Rethinking Cooperative Federalism. 96 B. The Spectrum of Cooperative Federalism Relationships: Case Studies. 99 1. The Vienna Convention on Consular... 2011 Yes
Nicole Friederichs A REASON TO REVISIT MAINE'S INDIAN CLAIMS SETTLEMENT ACTS: THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES 35 American Indian Law Review 497 (2010-2011) In April 2008, seven months after the United Nations adopted the Declaration on the Rights of Indigenous Peoples (UNDRIP), Maine's state legislature passed a Joint Resolution in support of the landmark document. In the wake of the United States' original vote against its adoption, Maine thereupon became the only state in the union to mark its... 2011  
Kyra Nicole Millich , Project to End JLWOP, Univ. of San Francisco School of Law, 2130 Fulton Street, San Francisco, CA 94117, 415-422-6192, E-mail knmillich@usfca.edu AN APPEAL TO JOIN THE CIVILIZED WORLD 35-AUG Champion 36 (July/August, 2011) The United States has over 2,500 youth offenders serving life in prison without the possibility of parole. The rest of the world has zero. It has not always been this way in the United States. In recognition that teenagers in trouble with the law should be treated differently than offending adults, a separate system of justice was established for... 2011  
Barbara Stark AT LAST? RATIFICATION OF THE ECONOMIC COVENANT AS A CONGRESSIONAL-EXECUTIVE AGREEMENT 20 Transnational Law & Contemporary Problems 107 (Spring 2011) I. Introduction. 107 II. The Economic Covenant and Economic, Social, and Cultural Rights in the United States . 110 A. Origins. 110 B. The State's Obligations. 112 1. Self-Determination (Article 1). 113 2. General Provisions (Articles 2-5). 114 3. Substantive Obligations (Articles 6-15). 116 4. Monitoring (Articles 16-25). 125 5. Ratification. 125... 2011  
James P. Kelly, III BUILDING THE GLOBAL WELFARE STATE: THE UNITED NATIONS AS COMMUNITY ORGANIZER 12 Engage: The Journal of the Federalist Society Practice Groups 62 (June 1, 2011) Recently, many American citizens have vigorously debated current, projected, and proposed government spending on health care, housing, education, social security, and environmental programs, and have organized for political action. At the same time, transnational progressives, in cooperation with United Nations human rights treaty body committees,... 2011  
Richard J. Goldstone CHAPTER 11 THE ROLE OF ECONOMIC SANCTIONS IN DETERRING SERIOUS HUMAN RIGHTS VIOLATIONS: SOUTH AFRICA, IRAQ AND DARFUR 7 IUS Gentium 159 (2011) Economic sanctions have become increasingly prominent weapons in deterring serious human rights violations. Although arguably crafted in part as a response to communism, the use of sanctions has grown since the end of the Gold War. For example, in 1991, the United States imposed sanctions against Iraq after the first Gulf War. In 1996, the... 2011  
Honorable Juan R. Torruella DÉJÀ VU: A FEDERAL JUDGE REVISITS THE WAR ON DRUGS, OR LIFE IN A BALLOON 20 Boston University Public Interest Law Journal 167 (Spring 2011) The so-called War on Drugs is a perfect example to which one can apply the semi-humorous play on words, we have met the enemy and he is us. Not much more is humorous about this War. Fourteen years ago, when in the course of a lecture at Colby College in Maine I first made public my private views regarding this subject, it was already clear to... 2011  
Najman Alexander Aizenstatd Leistenschneider FROM BEGGARS TO CITIZENS: THE RIGHT TO NONDISCRIMINATION IN ADMISSION INTO COMMERCIAL ESTABLISHMENTS IN GUATEMALA 17 ILSA Journal of International and Comparative Law 473 (Summer, 2011) I. Introduction. 474 II. The Human Right to Nondiscrimination in the Access to Public Commercial Establishments. 479 A. The Right to Equality. 479 B. The Right to Nondiscrimination in Accessing Commercial Establishments Open to the Public. 485 III. We Reserve the Right of Admission: Private Property, Freedom of Industry and Business, and Freedom... 2011  
Tanya Katerí Hernández HATE SPEECH AND THE LANGUAGE OF RACISM IN LATIN AMERICA: A LENS FOR RECONSIDERING GLOBAL HATE SPEECH RESTRICTIONS AND LEGISLATION MODELS 32 University of Pennsylvania Journal of International Law 805 (Spring 2011) When she passes she calls my attention, but her hair, there's no way no. Her catinga [African] (body odor) almost caused me to faint. Look, I cannot stand her odor. Look, look, look at her hair! It looks like a scouring pad for cleaning pans. I already told her to wash herself. But she insisted and didn't want to listen to me. This smelly negra... 2011  
Johanna Kalb HUMAN RIGHTS TREATIES IN STATE COURTS: THE INTERNATIONAL PROSPECTS OF STATE CONSTITUTIONALISM AFTER MEDELLÍN 115 Penn State Law Review 1051 (Spring, 2011) Subnational implementation of human rights law has been the subject of increasing interest among scholars and litigators in recent years, building on the call for independent state constitutionalism and the rise of New Federalism. For state constitutionalists, international human rights law provides a legitimating source for articulating state... 2011  
Harold Shepherd IMPLEMENTING THE HUMAN RIGHT TO WATER IN THE COLORADO RIVER BASIN 47 Willamette Law Review 425 (Spring 2011) During the summer of 2010, voicing deep concern that an estimated 884 million people lack access to safe drinking water and a total of more than 2.6 billion people do not have access to basic sanitation, the United Nation's General Assembly determined that water is a human right essential to the full enjoyment of life. The Assembly resolution... 2011  
Akilah Jenga Kinnison INDIGENOUS CONSENT: RETHINKING U.S. CONSULTATION POLICIES IN LIGHT OF THE U.N. DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES 53 Arizona Law Review 1301 (2011) In December 2010, the United States endorsed the United Nations Declaration on the Rights of Indigenous Peoples. The U.N. Declaration articulates a framework of indigenous rights founded in the right to self-determination. Specific corollary rights flow from the right to self-determination. Among these is indigenous peoples' right to free and... 2011  
Hilary Hammell IS THE RIGHT TO HEALTH A NECESSARY PRECONDITION FOR GENDER EQUALITY? 35 New York University Review of Law and Social Change 131 (2011) I. Introduction. 132 II. International Human Rights Law Includes the Right to Health. 133 III. The Right to Health Includes the Right to an Abortion. 140 A. Pregnancy and Abortion Are Health Issues. 141 B. Foreign Countries and International Bodies Have Recognized That the Right to Health Includes the Right to a Safe Abortion. 146 1. National... 2011  
Jennifer Y. Seo JUSTICE NOT FOR ALL: CHALLENGES TO OBTAINING EQUAL ACCESS TO HEALTH CARE FOR NON-CITIZEN IMMIGRANTS IN THE UNITED STATES 3 Georgetown Journal of Law & Modern Critical Race Perspectives 143 (Fall, 2011) Franklin D. Roosevelt, in his 1944 State of the Union Address to Congress, espoused what may have been the first call to create a right to health in this country. Within his Second Bill of Rights was the right to adequate medical care and the opportunity to achieve and enjoy good health. The original Bill of Rights, Roosevelt stated, had proven... 2011  
Penny M. Venetis MAKING HUMAN RIGHTS TREATY LAW ACTIONABLE IN THE UNITED STATES: THE CASE FOR UNIVERSAL IMPLEMENTING LEGISLATION 63 Alabama Law Review 97 (2011) Introduction. 98 I. Human Rights Treaties Ratified by the United States Are Not Enforceable. 99 A. American Exceptionalism. 99 B. U.S. RUDs to Human Rights Treaties Have Attracted Considerable Criticism Globally and Domestically. 103 C. Non-Self-Executing RUDs to Human Rights Treaties Have Attracted the Most Criticism. 106 D. Medellín v. Texas:... 2011  
Zachary H. Zarnow OBLIGATION IGNORED: WHY INTERNATIONAL LAW REQUIRES THE UNITED STATES TO PROVIDE ADEQUATE CIVIL LEGAL AID, WHAT THE UNITED STATES IS DOING INSTEAD, AND HOW LEGAL EMPOWERMENT CAN HELP 20 American University Journal of Gender, Social Policy and the Law 273 (2011) I. Introduction. 275 II. Background. 277 A. International Sources of a Right to Civil Legal Aid. 277 1. Economic, Social and Cultural Rights and Civil and Political Rights. 277 2. Other U.N. Conventions Also Mandate Civil LegalAid. 279 3. The Inter-American System. 281 4. Civil Legal Aid is Adequate Only if it Ensures the Protection of Rights. 281... 2011  
Caroline Bettinger-Lopez, Davida Finger, Meetali Jain, JoNel Newman, Sarah Paoletti, Deborah M. Weissman, University of Miami School of Law, Human Rights Clinic, Loyola University N.O. College of Law, Community Justice Clinic, Faculty of Law, University o REDEFINING HUMAN RIGHTS LAWYERING THROUGH THE LENS OF CRITICAL THEORY: LESSONS FOR PEDAGOGY AND PRACTICE 18 Georgetown Journal on Poverty Law and Policy 337 (Symposium 2011) In recent years, human rights clinics have mushroomed across United States law schools, specializing in work ranging from direct representation of asylum seekers in U.S. courts, to international litigation, to project-based advocacy that includes fact-finding visits and production of reports documenting human rights violations throughout the world.... 2011  
Jide Nzelibe STRATEGIC GLOBALIZATION: INTERNATIONAL LAW AS AN EXTENSION OF DOMESTIC POLITICAL CONFLICT 105 Northwestern University Law Review 635 (Spring 2011) Introduction. 635 I. Literature Overview. 641 II. The Partisan Logic of International Law Preferences. 650 A. The Theoretical Foundation. 650 B. Conditions Likely to Influence the Electoral Sustainability of International Law. 654 III. Illustrations. 658 A. Opposing Perceived Partisan Entrenchment: The Postwar Human Rights Treaty Controversies. 658... 2011  
Timothy Cooper THE DISTRICT OF COLUMBIA V. THE 50 STATES: A 21ST CENTURY LAWSUIT TO REMEDY AN 18TH CENTURY INJUSTICE 14 University of the District of Columbia Law Review 43 (Spring 2011) For 190 years, resourceful residents of the District of Columbia (D.C.), both indignant because Congress and state legislatures have failed to pass the necessary legislation to grant them equal representation in the U.S. Congress, and humiliated by Congress' plenary authority over them, have attempted without success to adjudicate an effective... 2011  
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