AuthorTitleCitationSummaryYearKey Term
Daniel Abebe, Eric A. Posner THE FLAWS OF FOREIGN AFFAIRS LEGALISM 51 Virginia Journal of International Law 507 (Spring 2011) Foreign affairs legalism, the dominant approach in academic scholarship on foreign relations law, holds that courts should abandon their traditional deference to the executive in foreign relations, and that courts and Congress should take a more activist role in foreign relations than they have in the past. Foreign affairs legalists believe that... 2011  
  THE STATE OF OF ARDENA (APPLICANT) v. THE STATE OF RIGALIA (RESPONDENT) 18 ILSA Journal of International and Comparative Law 265 (Fall, 2011) C1-3Table of Contents L1-2Table of Contents . L3266 L1-2Index of Authorities . L3270 L1-2Statement of Jurisdiction . L3280 L1-2Questions Presented . L3281 L1-2Statement of Facts . L3282 L1-2Summary of Pleadings . L3285 A.. 285 B.. 285 C.. 286 D.. 286 L1-2Pleadings . L3287 I. Rigalia's Predator Drone Strikes in Rigalia and Ardenia are Consistent... 2011  
Michael J. Mattler , U.S. Senate Committee on Foreign Relations THE SWORD AND THE SCALES: THE UNITED STATES AND INTERNATIONAL COURTS AND TRIBUNALS. EDITED BY CESARE P. R. ROMANO. CAMBRIDGE, NEW YORK: CAMBRIDGE UNIVERSITY PRESS, 2009. PP. XXXII, 460. INDEX. $99, CLOTH; $36.99, PAPER 105 American Journal of International Law 171 (January, 2011) In the period since the end of World War II, the world has seen the birth of a wide array of international courts and tribunals. While international adjudication has roots going back to the time of Grotius, the number and variety of such bodies has expanded greatly over the past sixty years and includes fora for adjudicating an ever-expanding range... 2011  
Rex D. Glensy THE USE OF INTERNATIONAL LAW IN U.S. CONSTITUTIONAL ADJUDICATION 25 Emory International Law Review 197 (2011) Introduction. 198 I. Possible Sources of International Authority. 202 A. International Law. 202 1. Treaties. 204 2. Customary Law. 206 3. Soft Law. 208 B. The Regional Law Dilemma. 209 II. The Normative Underpinnings of Comparative Analysis. 210 A. Globalization and Human Rights. 212 B. Similar Problems, Similar Backgrounds, and Similar Texts. 216... 2011  
Matthew J. Jowanna TORTURE, AMERICAN STYLE: A RECIPE FOR CIVIL TORT IMMUNITY 42 McGeorge Law Review 243 (2011) I. Introduction. 244 II. Foreign Torturers. 246 A. Filartiga and the Alien Tort Statute. 246 B. The Torture Victim Protection Act of 1991. 248 III. Torturers Employed by the United States. 250 A. Westfall v. Erwin. 250 B. The Westfall Act. 252 C. Federal Tort Claims Act. 253 D. In re Iraq and Afghanistan Detainees Litigation. 255 E. Rasul v. Myers.... 2011  
Terrence Rogers USING INTERNATIONAL HUMAN RIGHTS LAW TO COMBAT RACIAL DISCRIMINATION IN THE U. S. CRIMINAL JUSTICE SYSTEM 14 Scholar: St. Mary's Law Review on Minority Issues 375 (Winter 2011) I. Introduction. 376 II. Racial Discrimination in General. 380 A. Racial Discrimination in the United States. 381 B. International Human Rights Law in the Battle Against Racial Discrimination. 382 III. Examples of Racial Discrimination in the U.S. Criminal Justice System. 385 A. Wrongful Accusations. 385 B. Racial Discrimination in the Jury... 2011  
Stephen J. Emedi UTILIZING EXISTING MECHANISMS OF INTERNATIONAL LAW TO IMPLEMENT HUMAN RIGHTS STANDARDS: STATES AND MULTINATIONAL CORPORATIONS 28 Arizona Journal of International and Comparative Law 629 (Fall, 2011) Observation tells us that every state is an association, and that every association is formed with a view to some good purpose. I say good, because in all their actions all men do in fact aim at what they think good. Clearly then, as all associations aim at some good, that association which is the most sovereign among them all and embraces all... 2011  
Thomas J. Webb VERBAL POISON--CRIMINALIZING HATE SPEECH: A COMPARATIVE ANALYSIS AND A PROPOSAL FOR THE AMERICAN SYSTEM 50 Washburn Law Journal 445 (Winter 2011) The power of words is limitless. Although words can be used to inspire people and promote good, they also can be used to destroy. In the form of hate speech, words can be used as weapons to ambush, terrorize, wound, humiliate and degrade. Hate speech enabled Adolf Hitler to promote Nazi ideas, and hate speech promoted genocide in Rwanda and in... 2011  
Leonie W. Huang WHICH TREATIES REIGN SUPREME? THE DORMANT SUPREMACY CLAUSE EFFECT OF IMPLEMENTED NON-SELF-EXECUTING TREATIES 79 Fordham Law Review 2211 (April, 2011) The Supremacy Clause includes treaties in the list of supreme laws which state judges are bound to uphold against conflicting state laws. However, as the U.S. Supreme Court most recently affirmed in Medellin v. Texas, not all Article II treaties receive this Supremacy Clause effect immediately upon ratification. Some treaties, known as... 2011  
Daniel H. Wolf AN EXTRAORDINARY FACILITATOR: THE VOTING RIGHTS ACT AND U.S. ADHERENCE TO INTERNATIONAL HUMAN RIGHTS TREATY OBLIGATIONS 31 University of Pennsylvania Journal of International Law 1149 (Summer 2010) 1. Introduction. 1149 2. Bringing Human Rights Home. 1154 2.1. Past as Prologue. 1154 2.2. Ratification and General Obligations of the CERD and ICCPR. 1158 2.3. Roadblocks to Implementation. 1163 3. Bringing Human Rights Home Through the Voting Rights Act. 1170 3.1. A Unique Mechanism. 1170 3.2. The VRA as a Mechanism for Compliance. 1173 3.3. The... 2010 Yes
Robin Edger ARE HATE SPEECH PROVISIONS ANTI-DEMOCRATIC?: AN INTERNATIONAL PERSPECTIVE 26 American University International Law Review 119 (2010) INTRODUCTION. 119 I. INTERNATIONAL COVENANTS TO WHICH CANADA IS A PARTY. 126 A. The Universal Declaration of Human Rights. 126 B. International Covenant on Civil and Political Rights. 130 C. Convention on the Elimination of Discrimination. 134 1. Due Regard Clause. 136 2. Redress. 138 II. USE OF CANADIAN INTERNATIONAL OBLIGATIONS IN HATE SPEECH... 2010 Yes
David A. Rich DEFERENCE TO THE "LAW OF NATIONS": THE INTERSECTION BETWEEN THE NEW YORK CONVENTION, THE CONVENTION ACT, THE MCCARRAN-FERGUSON ACT, AND STATE ANTI-INSURANCE ARBITRATION STATUTES 33 Thomas Jefferson Law Review 81 (Fall 2010) These are the words penned by the Great Chief Justice, John Marshall, in The Nereide, describing his theory of the nature of international law and belief that if Congress desires to violate international law, it must expressly do so by legislative action. Though Congress has not expressed its desire (via legislation or otherwise) to violate the New... 2010 Yes
Alice Farmer, Kate Stinson FAILING THE GRADE: HOW THE USE OF CORPORAL PUNISHMENT IN U.S. PUBLIC SCHOOLS DEMONSTRATES THE NEED FOR U.S. RATIFICATION OF THE CHILDREN'S RIGHTS CONVENTION AND THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 54 New York Law School Law Review 1035 (2009/2010) Corporal punishment in schools is prohibited under international law, yet it routinely occurs in U.S. public schools: Almost a quarter of a million children received corporal punishment in the 2006-2007 school year, and students with disabilities were physically punished at disproportionately high rates. The United States has long proclaimed a... 2010 Yes
David Weissbrodt THE APPROACH OF THE COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION TO INTERPRETING AND APPLYING INTERNATIONAL HUMANITARIAN LAW 19 Minnesota Journal of International Law 327 (Summer 2010) The four Geneva Conventions and the two Additional Protocols of 1977 generally lack authoritative mechanisms for interpretation. Interpretation and application of these treaties are principally left to the judgment of the states that are parties to the Geneva Conventions and Protocols and, increasingly, to the International Criminal Court and... 2010 Yes
Connie de la Vega THE SPECIAL MEASURES MANDATE OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION: LESSONS FROM THE UNITED STATES AND SOUTH AFRICA 16 ILSA Journal of International and Comparative Law 627 (Summer, 2010) I. L2-3,T3The Special Measures Standards under CERD and International Law 633. II. L2-3,T3Affirmative Action in the United States 644. A. Demographics. 644 B. The History of Affirmative Action and the Supreme Court's Response in the United States. 651 III. L2-3,T3Affirmative Action in South Africa 659. A. Demographics. 659 B. The History of... 2010 Yes
Michael G. Heyman THE TIME HAS COME FOR THE UNITED STATES TO RATIFY THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN 9 Washington University Global Studies Law Review 195 (2010) I. Introduction. 195 II. CEDAW in the United States. 197 III. American Exceptionalism and Sovereigntism. 202 A. American Sovereigntism. 204 1. The Sovereignty Shibboleth. 206 IV. Bridging the Gap to the Present. 210 A. Federalism Dialogues. 213 1. An Example of Failed Federalism. 214 B. Institutionalized Federalism: Rewriting the Narrative. 216... 2010 Yes
Beth Lyon THE UNSIGNED UNITED NATIONS MIGRANT WORKER RIGHTS CONVENTION: AN OVERLOOKED OPPORTUNITY TO CHANGE THE "BROWN COLLAR" MIGRATION PARADIGM 42 New York University Journal of International Law & Politics 389 (Winter 2010) I. Introduction. 392 II. Brushing the Dust off the U.N. Migrant Worker Convention. 401 A. The Migrant Worker Convention Has Passed through Few Stages of the U.S. Multilateral Treaty-Making Process. 403 1. Steps One and Two: Active Executive Engagement in Negotiation. 404 2. Steps Three and Four: Delayed Executive Signature and Submission to Senate,... 2010 Yes
Lise Johnson "YOU CAN VIOLATE THE RIGHTS OF UNDOCUMENTED PERSONS WITH IMPUNITY": THE SHOCKING MESSAGE ARIZONA'S CONSTITUTION SENDS AND ITS INCONSISTENCY WITH INTERNATIONAL LAW 13 Journal of Gender, Race and Justice 491 (Spring 2010) In Plyler v. Doe, the Supreme Court recognized the presence of a large number of undocumented persons in the United States --now estimated at nearly twelve million --whose presence is tolerated, whose employment is perhaps even welcomed, but who are virtually defenseless against any abuse, exploitation, or callous neglect to which the state or the... 2010  
Matthew J. Jowanna 42 U.S.C. § 1983: A LEGAL VEHICLE WITH NO INTERNATIONAL HUMAN RIGHTS TREATY PASSENGERS 9 University of New Hampshire Law Review 31 (December, 2010) I. Introduction. 32 II. Human Rights Treaties Conditionally Ratified by the United States. 33 III. The International Reaction. 41 IV. 42 U.S.C. § 1983. 56 V. Non-Self-Executing Declarations: There is More to It. 59 VI. Ratified Treaties Now! Rescission of RUDs Later?. 62 VII. Conclusion. 65 Where, after all, do universal human rights begin? In... 2010  
Ethan Kate A "SUPREMER" COURT?: HOW AN UNFAVORABLE RULING IN THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS SHOULD IMPACT UNITED STATES DOMESTIC VIOLENCE JURISPRUDENCE 28 Wisconsin International Law Journal 430 (Fall 2010) After her substantive and procedural due process claims were dismissed in the U.S. Supreme Court, Jessica Gonzales took the unprecedented step of filing a claim with the Inter-American Commission of Human Rights. Gonzales's case has implicated two hot-button issues in modern U.S. jurisprudence: domestic violence prevention and the role of... 2010  
Mary Pennisi A HERCULEAN LEAP FOR THE HARD CASE OF POST-ACQUISITION CLAIMS: INTERPRETING FAIR HOUSING ACT SECTION 3604(B) AFTER MODESTO 37 Fordham Urban Law Journal 1083 (October, 2010) The hard truth on the matter is that American courts have no intelligible, generally accepted, and consistently applied theory of statutory interpretation. Housing was the last plank in the civil rights revolution, and it is the realm in which we have experienced the fewest integration gains. Introduction. 1084 I. Background of the Fair Housing... 2010  
Thomas E. Baker A MODEST EXPERIMENT IN PEDAGOGY: LESSONS ON COMPARATIVE CONSTITUTIONAL LAW 6 FIU Law Review 99 (Fall, 2010) This article has been revised from a paper I presented and submitted to the International Association of Law Schools Conference on Comparative Constitutional Law, Washington, D.C. (Sept. 11-12, 2009) hosted by the American University Washington College of Law and the Georgetown University Law Center. That invitational conference - I was... 2010  
George E. Edwards ASSESSING THE EFFECTIVENESS OF HUMAN RIGHTS NON-GOVERNMENTAL ORGANIZATIONS (NGOS) FROM THE BIRTH OF THE UNITED NATIONS TO THE 21ST CENTURY: TEN ATTRIBUTES OF HIGHLY SUCCESSFUL HUMAN RIGHTS NGOS 18 Michigan State Journal of International Law 165 (2010) I. Introduction. 167 II. NGOs & Human Rights NGOs. 169 A. NGO Definition and Pre-United Nations History. 169 B. Definition of a Human Rights NGO. 171 C. Categorization of Human Rights NGOs. 174 D. Human Rights NGOs and the U.N. System. 176 1. Legal Bases for NGO Involvement with the U.N.. 177 2. Conference of Non-Governmental Organizations in... 2010  
Meetali Jain BRINGING HUMAN RIGHTS HOME: THE DC RIGHT TO HOUSING CAMPAIGN 17 Human Rights Brief 10 (Spring, 2010) Housing is not simply about bricks and mortar, nor is it simply a financial asset. Housing includes a sense of community, trust and bonds built between neighborhoods over time; the schools which educate the child; and the businesses which the local economy and provide needed goods and services. -- Raquel Rolnik, UN Special Rapporteur on adequate... 2010  
Tera Agyepong CHILDREN LEFT BEHIND BARS: SULLIVAN, GRAHAM, AND JUVENILE LIFE WITHOUT PAROLE SENTENCES 9 Northwestern Journal of International Human Rights 83 (Fall, 2010) The community of nations condemns the practice of sentencing children to life without parole as a human rights violation. Its condemnation is expressed through treaties and customary international laws. Short of the death penalty, life without parole (LWOP) is the harshest sentence a person can receive in the United States. In December 2006, the... 2010  
Johanna Kalb DYNAMIC FEDERALISM IN HUMAN RIGHTS TREATY IMPLEMENTATION 84 Tulane Law Review 1025 (March, 2010) In response to the growing academic and political movement that opposes the direct incorporation of treaties into domestic federal law, numerous scholars have proposed that states take on an increased role in the domestic interpretation and implementation of international human rights treaties. The focus of this scholarship to date has been to... 2010  
Captain Brian J. Bill, U.S. Navy, Professor, International and Operational Law Department, The Judge Advocate General's Legal Center and School, Charlottesville, Virginia HUMAN RIGHTS: TIME FOR GREATER JUDGE ADVOCATE UNDERSTANDING 2010-JUN Army Lawyer 54 (June, 2010) For any Army judge advocate, and for judge advocates of other services as well, the instruction provided by the International and Operational Law Department at The Judge Advocate General's Legal Center and School follows a familiar pattern, whether provided in the Judge Advocate Officer Basic Course, the Judge Advocate Officer Graduate Course, or... 2010  
Richard Stith IF DOROTHY HAD NOT HAD TOTO TO PULL BACK THE WIZARD'S CURTAIN: THE FABRICATION OF HUMAN RIGHTS AS A WORLD RELIGION 44 Valparaiso University Law Review 847 (Spring, 2010) This paper examines the increasing penetration and control of nations by amorphous ideas of human rights, touching upon the symbiotic relation between global capital and human rights, the anti-democratic nature of many rights, the radically political nature of positive rights, the frequent absence of national self-esteem and the... 2010  
Rebecca Tsosie INDIGENOUS WOMEN AND INTERNATIONAL HUMAN RIGHTS LAW: THE CHALLENGES OF COLONIALISM, CULTURAL SURVIVAL, AND SELF-DETERMINATION 15 UCLA Journal of International Law and Foreign Affairs 187 (Spring 2010) As indigenous peoples move toward full realization of their right to self-determination, as affirmed by the text of the United Nations Declaration on the Rights of Indigenous Peoples, some have queried whether this will promote the ability of indigenous groups to violate the rights of vulnerable members, particularly women. International human... 2010  
William A. Fletcher INTERNATIONAL HUMAN RIGHTS AND THE ROLE OF THE UNITED STATES 104 Northwestern University Law Review 293 (Winter 2010) My topic this afternoon is international human rights, by which I mean rights that are considered by the world community, by unanimous or near-unanimous agreement, to be rights that ought to be fostered and enforced in any decent society. I begin with two passages separated by 2400 years. The first is from the fifth century B.C. During the... 2010  
Sally Engle Merry, Peggy Levitt, Mihaela Şerban Rosen, Diana H. Yoon LAW FROM BELOW: WOMEN'S HUMAN RIGHTS AND SOCIAL MOVEMENTS IN NEW YORK CITY 44 Law and Society Review 101 (March, 2010) Despite the ambivalent history of the domestic application of human rights in the United States, human rights increasingly offer important resources for American grassroots activists. Within the constraints of U.S. policy toward human rights, they provide social movements a kind of global law from below: a form of cosmopolitan law that subalterns... 2010  
Tara J. Melish MAXIMUM FEASIBLE PARTICIPATION OF THE POOR: NEW GOVERNANCE, NEW ACCOUNTABILITY, AND A 21 CENTURY WAR ON THE SOURCES OF POVERTY 13 Yale Human Rights and Development Law Journal 1 (2010) In 1964, President Lyndon B. Johnson called for a Nationwide War on the Sources of Poverty to strike away the barriers to full participation in our society. Central to that war was an understanding that given poverty's complex and multi-layered causes, identifying, implementing, and monitoring solutions to it would require the maximum feasible... 2010  
Steve D. Shadowen PERSONAL DIGNITY, EQUAL OPPORTUNITY, AND THE ELIMINATION OF LEGACY PREFERENCES 21 George Mason University Civil Rights Law Journal 31 (Fall 2010) Students with the wrong ancestry are denied equal access to almost all elite colleges and universities in the United States, nearly 85% of which admit students based in substantial part on whether they are children or grandchildren of the school's alumni. These legacy preferences--de jure distinctions based directly on descent from highly educated... 2010  
Willem van Genugten PROTECTION OF INDIGENOUS PEOPLES ON THE AFRICAN CONTINENT: CONCEPTS, POSITION SEEKING, AND THE INTERACTION OF LEGAL SYSTEMS 104 American Journal of International Law 29 (January, 2010) African indigenous peoples confront gross human rights violations, both on the macrolevel of the peoples as a whole, and on the microlevel of the individuals belonging to them. These violations relate to such issues as the right to self-determination; the ownership of land and natural resources, as part of their right to life; the existence of... 2010  
Liav Orgad , Theodore Ruthizer RACE, RELIGION AND NATIONALITY IN IMMIGRATION SELECTION: 120 YEARS AFTER THE CHINESE EXCLUSION CASE 26 Constitutional Commentary 237 (Spring 2010) 120 years ago, in May 1889, the U.S. Supreme Court ruled that the power of exclusion of foreigners being an incident of sovereignty . . . cannot be granted away or restrained. Sixty years later, in January 1950, at the height of the Cold War, the U.S. Supreme Court reaffirmed the plenary power doctrine by holding that it is not within the... 2010  
Stanley Halpin RACIAL HATE SPEECH: A COMPARATIVE ANALYSIS OF THE IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW UPON THE LAW OF THE UNITED KINGDOM AND THE UNITED STATES 94 Marquette Law Review 463 (Winter 2010) Hate speech poses a unique problem in the realm of rights protection. Principles of freedom of expression promote its protection, whereas principles of equality favor its restriction. International human rights law, the constitutional law of the United States, and the domestic and constitutional law of Great Britain present different and frequently... 2010  
Yevgenia S. Kleiner RACIAL PROFILING IN THE NAME OF NATIONAL SECURITY: PROTECTING MINORITY TRAVELERS' CIVIL LIBERTIES IN THE AGE OF TERRORISM 30 Boston College Third World Law Journal 103 (Winter, 2010) Government-sponsored ethnic and racial profiling in the form of computerized and behavioral screening initiatives implemented as a response to 9/11 has led to the subjection of minorities to increased scrutiny and suspicion in American airports. In the name of national security, safety protocols are being enacted in non-uniform ways that... 2010  
Camille A. Nelson RACIALIZING DISABILITY, DISABLING RACE: POLICING RACE AND MENTAL STATUS 15 Berkeley Journal of Criminal Law 1 (Spring 2010) A police officer is privileged to use the amount of force that the officer reasonably believes is necessary to overcome resistance to his lawful authority, but no more. That school officials and/or police officers working with school officials would use pepper-spray and handcuffs to restrain a thirteen year old mentally disabled child is... 2010  
Rachel J. Anderson REIMAGINING HUMAN RIGHTS LAW: TOWARD GLOBAL REGULATION OF TRANSNATIONAL CORPORATIONS 88 Denver University Law Review 183 (Fall, 2010) Existing human rights law, the body of law that delineates the contours of legal protections for human rights, does not do enough to prevent or provide remedies for corporate-related human rights abuses. Transnational corporations are generally excluded from direct responsibility under international human rights law. The state-centered nature of... 2010  
Clifford Ashcroft-Smith RHETORIC TO REALITY: CITIZENSHIP DELAYS AND U.S. INTERNATIONAL OBLIGATIONS IN THE POST-9/11 LANDSCAPE 16 Washington and Lee Journal of Civil Rights and Social Justice 447 (Spring, 2010) C1-3Table of Contents L1-2Introduction . R3448. I. The Limits of the United States' Obligations Under International Human Rights Law. 452 II. U.S. Nondiscrimination Obligations Under the ICCPR. 454 A. Textual Confusion. 455 B. Confusion to Clarity: The United States' RUDs. 458 C. Rhetoric Revolt: HRC Conflictions to State Party RUDs. 459 III. ICCPR... 2010  
Lea Shaver THE INTER-AMERICAN HUMAN RIGHTS SYSTEM: AN EFFECTIVE INSTITUTION FOR REGIONAL RIGHTS PROTECTION? 9 Washington University Global Studies Law Review 639 (2010) The Inter-American Court of Human Rights and the Inter-American Commission on Human Rights are charged with protecting human rights in the Western Hemisphere. This Article explains the workings of this regional human rights system, examining its history, composition, functions, jurisdiction, procedure, jurisprudence, and enforcement. The Article... 2010  
Lesley Wexler THE PROMISE AND LIMITS OF LOCAL HUMAN RIGHTS INTERNATIONALISM 37 Fordham Urban Law Journal 599 (April, 2010) Introduction: From the International to the Local. 599 I. U.S. Federal Government as a Reluctant and Incomplete First Mover. 603 A. Objecting to the Federal Integration of Domestic Human Rights. 604 B. Linking the Political to the Structural and Procedural. 613 II. The Promise and Peril of Cities. 615 A. Typology. 618 B. Optimizing the Intersection... 2010  
William M. Carter, Jr. TREATIES AS LAW AND THE RULE OF LAW: THE JUDICIAL POWER TO COMPEL DOMESTIC TREATY IMPLEMENTATION 69 Maryland Law Review 344 (2010) The Supremacy Clause states that the United States Constitution, federal statutes, and ratified treaties are the supreme Law of the Land. Despite the textual and historical clarity of the Supremacy Clause, some courts and commentators have insisted that the non-self-executing treaty doctrine means that ratified treaties must always await... 2010  
Henry J. Richardson, III TWO TREATIES, AND GLOBAL INFLUENCES OF THE AMERICAN CIVIL RIGHTS MOVEMENT, THROUGH THE BLACK INTERNATIONAL TRADITION 18 Virginia Journal of Social Policy and the Law 59 (Fall 2010) Introduction. 59 I. Identifying the Black International Tradition. 61 A. Influences of Outside Mass Struggles by Peoples of Color. 62 B. Examples of the global impact of the American Civil Rights Movement. 66 II. The Impact of Two Key Treaties on African-American Collective Debates on the Best Route Towards Liberation. 67 A. The Berlin Conference... 2010  
Keith Aoki , John Shuford WELCOME TO AMERIZONA--IMMIGRANTS OUT!: ASSESSING "DYSTOPIAN DREAMS" AND "USABLE FUTURES" OF IMMIGRATION REFORM, AND CONSIDERING WHETHER "IMMIGRATION REGIONALISM" IS AN IDEA WHOSE TIME HAS COME 38 Fordham Urban Law Journal 1 (November, 2010) In this essay, we introduce the heuristics of dystopian dream and usable future to assess competing visions for immigration reform. We apply these heuristics to potential changes to the U.S. immigration system and immigration federalism as reflected in legislative and law enforcement activities, policy proposals, speeches, and scholarship. We... 2010  
Stephen R. McAllister WOULD OTHER COUNTRIES PROTECT THE PHELPSES' FUNERAL PICKETING? 2010 Cardozo Law Review de novo 408 (2010) I must begin with a few caveats. First, I serve on a part-time basis as the Solicitor General of Kansas, and in that capacity I was a primary author of an amicus brief that Kansas filed on behalf of herself and forty-seven other states in Snyder v. Phelps, supporting the petitioner, Mr. Snyder. Second, in discussing the constitutional law of other... 2010  
Dekera Greene AIN'T NO PEACE UNTIL WE GET A PIECE: EXPLORING THE JUSTICIABILITY AND POTENTIAL MECHANISMS OF REPARATIONS FOR AMERICAN BLACKS THROUGH UNITED STATES LAW, SPECIFIC MODES OF INTERNATIONAL LAW, AND THE COVENANT FOR THE ELIMINATION OF ALL FORMS OF RACIAL DISCR 5 Modern American 10 (Spring, 2009) In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't... 2009 Yes
Cindy Galway Buys, Southern Illinois University School of Law APPLICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (GEORGIA v. RUSSIAN FEDERATION). ORDER (PROVISIONAL MEASURES). AT . INTERNATIONAL COURT OF JUSTICE, OCTOBER 15, 2008 103 American Journal of International Law 294 (April, 2009) In early August 2008, armed conflict broke out between the Russian Federation and Georgia in the Georgian region of Ossetia. In response, Georgia instituted proceedings (Application) against the Russian Federation at the International Court of Justice (ICJ) on August 12, 2008, alleging that Russia violated its obligations under the International... 2009 Yes
Damien G. Scott INVALIDATING INTEGRATION: PARENTS INVOLVED AND THE STANDARDS OF THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION 53 Howard Law Journal 177 (Fall 2009) The Constitution is both color blind and color conscious. To avoid conflict with the equal protection clause, a classification that denies a benefit, causes harm, or imposes a burden must not be based on race. In that sense, the Constitution is color blind. But the Constitution is color conscious to prevent discrimination being perpetuated and to... 2009 Yes
Daphne Anayiotos THE CULTURAL GENOCIDE DEBATE: SHOULD THE UN GENOCIDE CONVENTION INCLUDE A PROVISION ON CULTURAL GENOCIDE, OR SHOULD THE PHENOMENON BE ENCOMPASSED IN A SEPARATE INTERNATIONAL TREATY? 22 New York International Law Review 99 (Summer, 2009) Though ancient in its etymology, the use of the term genocide has its roots in the twentieth century. The word was coined in 1943 by Ralph Lemkin, a Polish law professor, to describe the Nazi genocide of Jews and Roma then taking place in Europe. According to Robert Fisk, the word genocide was first used by Lemkin to describe the elimination of... 2009 Yes
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