| Author | Title | Citation | Summary | Year | Key Term |
| Risa E. Kaufman |
HUMAN RIGHTS IN THE UNITED STATES: RECLAIMING THE HISTORY AND ENSURING THE FUTURE |
40 Columbia Human Rights Law Review 149 (Fall 2008) |
Providing a powerful arsenal of crosscutting strategies and honoring the interdependence and indivisibility of economic, social, cultural, civil, and political rights, a human rights paradigm has the potential to revolutionize and reframe social justice advocacy in the United States. Indeed, domestic lawyers are increasingly adopting human rights... |
2008 |
|
| John S. Williams , Kristy Bennett |
IMPACT OF INTERNATIONAL HUMAN RIGHTS LAW ON INTERNALLY DISPLACED GULF COAST CITIZENS |
77 Mississippi Law Journal 853 (Spring 2008) |
On Thursday, June 28, 2007, Michel Martin, journalist and NPR host of the program Tell Me More, was a panelist for the Third Democratic Primary Presidential debate which took place at Howard University in Washington, D.C., and was televised on PBS. Ms. Martin's one question of the candidates was, Would you support a federal law guaranteeing the... |
2008 |
|
| Andrea J. Ritchie, Esq., Joey L. Mogul, Esq. |
IN THE SHADOWS OF THE WAR ON TERROR: PERSISTENT POLICE BRUTALITY AND ABUSE OF PEOPLE OF COLOR IN THE UNITED STATES |
1 DePaul Journal for Social Justice 175 (Spring 2008) |
A report prepared for the United Nations Committee on the Elimination of Racial Discrimination on the occasion of its review of the The United States of America's Second and Third Periodic Report to the Committee on the Elimination of Racial Discrimination December 2007 I. Introduction. 177 II. Use of Excessive Force (Articles 1, 2 and 5). 180 A.... |
2008 |
|
| Siegfried Wiessner |
INDIGENOUS SOVEREIGNTY: A REASSESSMENT IN LIGHT OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES |
41 Vanderbilt Journal of Transnational Law 1141 (October, 2008) |
This Article explores the concept of indigenous sovereignty against the backdrop of the resurgence of indigenous peoples as actors in international and domestic law and policy. The Author starts with the traditional Western notion of sovereignty and its dynamization via the principle of self-determination, cabined by the exclusionary concepts of... |
2008 |
|
| Steven Smith, Benjamin Smietana, Grant Gelberg, Ivana Cingel, Kevin Rubino, Spencer Jones, Frederic Sourgens, Sean Newell |
INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION |
42 International Lawyer 363 (Summer 2008) |
The first section of this survey looks at significant decisions in U.S. courts from 2007 that will be of interest to practitioners in the field of international commercial arbitration. With some significant exceptions, federal courts continued to reinforce the strong policy favoring enforcement of arbitration agreements and awards. Although... |
2008 |
|
| Julian Aguon |
OTHER ARMS: THE POWER OF A DUAL RIGHTS LEGAL STRATEGY FOR THE CHAMORU PEOPLE OF GUAM USING THE DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES IN U.S. COURTS |
31 University of Hawaii Law Review 113 (Winter 2008) |
In Guam, even the dead are dying again. At the time of this writing, 432 human remains-the bones of the ancestors of the indigenous Chamoru people buried some 1,500 years ago -sit in a private lab owned by the company the Guam Okura Hotel commissioned to do an archeological survey on its premises. Some two hundred of these are set for shipment, via... |
2008 |
|
| Alan Jenkins , Sabrineh Ardalan |
POSITIVE HEALTH: THE HUMAN RIGHT TO HEALTH CARE UNDER THE NEW YORK STATE CONSTITUTION |
35 Fordham Urban Law Journal 479 (April, 2008) |
In his first State of the State address, former New York Governor Eliot Spitzer recognized the urgent need to reform our health care system. He explained that when 2.8 million New Yorkers can't afford health insurance, that affects not only them and their families, it affects everyone, and promised to take steps to make health care more... |
2008 |
|
| Steven Plitt , Daniel Maldonado |
PROHIBITING DE FACTO INSURANCE REDLINING: WILL HURRICANE KATRINA DRAW A DISCRIMINATORY REDLINE IN THE GULF COAST SANDS PROHIBITING ACCESS TO HOME OWNERSHIP? |
14 Washington and Lee Journal of Civil Rights and Social Justice 199 (Spring, 2008) |
C1-3Table of Contents I. An Overview of Federal Regulatory Authority Prohibiting Discriminatory Redlining. 205 A. History of Civil Rights Legislation Relevant to Redlining. 205 B. Federal Regulation of Mortgage Redlining. 209 1. The Fair Housing Act and Redlining. 209 2. Other Federal Acts Prohibiting Redlining. 213 A. Federal Regulation of... |
2008 |
|
| |
RACIAL DISPARITIES IN EDUCATIONAL OPPORTUNITIES IN THE UNITED STATES |
6 Seattle Journal for Social Justice 591 (Spring/Summer, 2008) |
Lawyers' Committee for Civil Rights Under Law: John Brittain, Callie Kozlak, Michelle Woolley, Kenneth Chandler, Denise Ballesteros, and Francis Nugent Center for Human Rights and Humanitarian Law, American University Washington College of Law: Amelia Parker Leitner Center for International Law and Justice, International Law and the Constitution... |
2008 |
|
| David Weissbrodt |
REMEDIES FOR UNDOCUMENTED NONCITIZENS IN THE WORKPLACE: USING INTERNATIONAL LAW TO NARROW THE HOLDING OF HOFFMAN PLASTIC COMPOUNDS, INC. V. NLRB |
92 Minnesota Law Review 1424 (May, 2008) |
In Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court denied the National Labor Relations Act (NLRA) back-pay claims of a worker wrongfully discharged for union organizing. The Supreme Court's 2002 decision reasoned that the worker should not be able to recover back pay under the NLRA because he was a noncitizen and not entitled to... |
2008 |
|
| Lorie M. Graham |
REPARATIONS, SELF-DETERMINATION, AND THE SEVENTH GENERATION |
21 Harvard Human Rights Journal 47 (Winter 2008) |
In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our... |
2008 |
|
| Karima Bennoune |
TERROR/TORTURE |
26 Berkeley Journal of International Law 1 (2008) |
In the face of terrorism, human rights law's requirement that states respect and ensure rights necessitates that states take active steps to safeguard their populations from violent attack, but in so doing do not violate rights. Security experts usually emphasize the aspect of ensuring rights while human rights advocates largely focus on... |
2008 |
|
| John Cary Sims |
THE ASYMMETRICAL NATURE OF THE U.S. TREATY PROCESSES AND THE CHALLENGES THAT POSES FOR HUMAN RIGHTS |
30 Hamline Journal of Public Law and Policy 223 (Fall 2008) |
The structural and political realities of U.S. treaty processes raise grave difficulties for efforts to make the United States a full participant in the global system of human rights treaties. The power to stop a treaty from being ratified, along with the associated power to delay ratification or attach weakening reservations and similar... |
2008 |
|
| Phyra M. McCandless |
THE FALLACY OF MANDATING CONTRACEPTIVE EQUITY: WHY LAWS THAT PROTECT WOMEN WITH HEALTH INSURANCE DEEPEN INSTITUTIONAL DISCRIMINATION |
42 University of San Francisco Law Review 1115 (Spring 2008) |
THE RIGHT TO ACCESS CONTRACEPTIVES was cemented by the United States Supreme Court in Eisenstadt v. Baird, which held that states cannot prohibit the distribution of contraceptives to individuals, as such prohibition fundamentally affect[s] . . . the decision whether to bear or beget a child. Although Eisenstadt motivated reproductive rights... |
2008 |
|
| Hari M. Osofsky |
THE GEOGRAPHY OF JUSTICE WORMHOLES: DILEMMAS FROM PROPERTY AND CRIMINAL LAW |
53 Villanova Law Review 117 (2008) |
Falling into a black hole has become one of the horrors of science fiction. In fact, black holes can now be said to be really matters of science fact. Of course, where the science fiction writers really go to town is on what happens if you do fall into a black hole. A common suggestion is that if the black hole is rotating, you can fall through a... |
2008 |
|
| Michael Mears |
THE GEORGIA DEATH PENALTY: A NEED FOR RACIAL JUSTICE |
1 John Marshall Law Journal 71 (2008) |
I. Introduction. 71 II. The Georgia Racial Justice Act - First Attempt. 73 III. Continuing Need for the Racial Justice Act in Georgia. 74 IV. Kentucky's Racial Justice Act. 76 V. The Background Concerning Racial Justice. 77 VI. Executions and Relevant Studies. 79 A. The Baldus Study. 79 B. Atlanta Journal-Constitution Death Penalty Study. 82 VII.... |
2008 |
|
| Scott L. Cummings |
THE INTERNATIONALIZATION OF PUBLIC INTEREST LAW |
57 Duke Law Journal 891 (February, 2008) |
This Article describes and explains the influence of global change on American public interest law over the past quarter-century. It suggests that contemporary public interest lawyers, unlike their civil rights-era predecessors, operate in a professional environment integrated into the global political economy in ways that have profound... |
2008 |
|
| Ariela Migdal, Emily J. Martin, Mie Lewis, Lenora M. Lapidus |
THE NEED TO ADDRESS EQUAL EDUCATIONAL OPPORTUNITIES FOR WOMEN AND GIRLS |
35-SUM Human Rights 16 (Summer, 2008) |
While all students are vulnerable to assaults on their rights, girls and women face a distinct set of challenges. This article examines three trends illustrating obstacles to an equal education for girls and women. The first section addresses the current popularity of sex-segregated programs in public schools, in which boys and girls are taught... |
2008 |
|
| Lenora M. Lapidus |
THE ROLE OF INTERNATIONAL BODIES IN INFLUENCING U.S. POLICY TO END VIOLENCE AGAINST WOMEN |
77 Fordham Law Review 529 (November, 2008) |
On June 27, 2005, the U.S. Supreme Court in Town of Castle Rock v. Gonzales, held that police failure to enforce a domestic violence order of protection as required by a state's mandatory arrest law did not violate the Due Process Clause of the U.S. Constitution. In a 7-2 decision authored by Justice Antonin Scalia, the Court found that, even... |
2008 |
|
| Margaret R. Somers , Christopher N.J. Roberts |
TOWARD A NEW SOCIOLOGY OF RIGHTS: A GENEALOGY OF "BURIED BODIES" OF CITIZENSHIP AND HUMAN RIGHTS |
4 Annual Review of Law and Social Science 385 (2008) |
social science and human rights, UDHR (Universal Declaration of Human Rights), American exceptionalism, racism, civil rights movement, socioeconomic rights, African American human rights, right to have rights Although a thriving social science literature in citizenship has emerged in the past two decades, to date there exists neither a sociology of... |
2008 |
|
| Aaron Chait |
UNCONSTITUTIONAL COMMENTARY |
33 Seton Hall Legislative Journal 181 (2008) |
I. INTRODUCTION. 182 II. PRESIDENTIAL SIGNING STATEMENTS. 185 A. Nature, Brief History, and Purposes. 185 B. Debate over Signing Statements. 188 1. Advocates. 188 2. Critics. 190 C. A New Interpretive Landscape. 193 III. SIGNING STATEMENTS AND HUMAN RIGHTS TREATIES. 196 A. What are Non-Self-Executing Treaties and Why are Human Rights Treaties... |
2008 |
|
| Martha F. Davis |
UPSTAIRS, DOWNSTAIRS: SUBNATIONAL INCORPORATION OF INTERNATIONAL HUMAN RIGHTS LAW AT THE END OF AN ERA |
77 Fordham Law Review 411 (November, 2008) |
In the early 1970s, the Public Broadcasting System imported Upstairs, Downstairs, a long-running miniseries from Great Britain. Encompassing the years from 1903 through the end of World War I, the series was set in the elegant five-story London townhouse occupied by Lord and Lady Bellamy and their two teenage children. Lord Bellamy was active in... |
2008 |
|
| Florence Wagman Roisman |
USING INTERNATIONAL AND FOREIGN HUMAN RIGHTS LAW IN PUBLIC INTEREST ADVOCACY |
18 Indiana International & Comparative Law Review 1 (2008) |
Presented to the Opening Plenary Session of the 2006 National Legal Aid & Defender Association Litigation and Advocacy Directors Conference Snowbird, Utah June 4, 2006 It is a joy and a privilege for me to be here with you all friends and colleagues of very long standing and new (dare I say younger?) colleagues with whom I look forward to forming... |
2008 |
|
| Amelia Parker |
RACIAL DISPARITIES IN U.S. PUBLIC EDUCATION AND INTERNATIONAL HUMAN RIGHTS STANDARDS: HOLDING THE U.S. ACCOUNTABLE TO CERD |
14 Human Rights Brief 27 (Spring, 2007) |
They were underprivileged anyway, commented former first lady Barbara Bush in reference to the thousands of 2005 Hurricane Katrina evacuees--the majority of whom were poor, African American, and disabled--seeking refuge in the Houston, Texas Astrodome after losing everything in the storm. This is working very well for them, she continued. Mrs.... |
2007 |
Yes |
| Christina Okereke |
THE ABUSE OF GIRLS IN U.S. JUVENILE DETENTION FACILITIES: WHY THE UNITED STATES SHOULD RATIFY THE CONVENTION ON THE RIGHTS OF THE CHILD AND ESTABLISH A NATIONAL OMBUDSMAN FOR CHILDREN'S RIGHTS |
30 Fordham International Law Journal 1709 (June, 2007) |
The United States considers itself a leader in embodying human rights standards, but reports of physical and sexual abuse of girls held in U.S. juvenile detention facilities undermine the United States' status as a human rights standard-bearer. Staff in juvenile detention facilities apply excessive force when physically restraining girls and also... |
2007 |
Yes |
| Jaap E. Doek |
THE EIGHTEENTH BIRTHDAY OF THE CONVENTION OF RIGHTS OF THE CHILD: ACHIEVEMENTS AND CHALLENGES |
41 University of Michigan Journal of Law Reform 61 (Fall 2007) |
Although the U.N. Convention on the Rights of the Child has produced positive results in many countries, the United States remains one of the few nations that has not signed on to this treaty. This Essay will begin by describing the content of the treaty. This Essay will discuss the achievements, challenges, and solutions resulting from the treaty... |
2007 |
Yes |
| Bernardine Dohrn |
"I'LL TRY ANYTHING ONCE": USING THE CONCEPTUAL FRAMEWORK OF CHILDREN'S HUMAN RIGHTS NORMS IN THE UNITED STATES |
41 University of Michigan Journal of Law Reform 29 (Fall 2007) |
International human rights law provides norms, concepts, and standards of immediate and practical value to attorneys for court-involved children in the United States. The conceptual framework of the comprehensive rights of the child is broadly congruent with, or closely related to, the strongest aspects of U.S. constitutional law and practice. The... |
2007 |
|
| Lucien J. Dhooge |
A MODEST PROPOSAL TO AMEND THE ALIEN TORT STATUTE TO PROVIDE GUIDANCE TO TRANSNATIONAL CORPORATIONS |
13 U.C. Davis Journal of International Law and Policy 119 (Spring 2007) |
I. Introduction. 120 II. The Alien Tort Statute. 123 III. The U.S. Supreme Court's Opinion in Sosa v. Alvarez-Machain. 124 A. Factual and Legal Background. 124 B. The U.S. Supreme Court Opinion. 126 IV. A Modest Proposal to Amend the ATS. 132 A. Identification of Defendants to ATS Actions. 132 B. Identification of Actionable Claims. 141 1.... |
2007 |
|
| Natsu Taylor Saito |
BORDER CONSTRUCTIONS: IMMIGRATION ENFORCEMENT AND TERRITORIAL PRESUMPTIONS |
10 Journal of Gender, Race and Justice 193 (Winter 2007) |
Securing our border is essential to securing the homeland. . . . I appreciate once again being here with the Border and Immigration Security officers. . . . By defending our border, you're defending our liberty, and our citizens, and our way of life. President George W. Bush, November 28, 2005, Tucson, Arizona In the post-September 11th world,... |
2007 |
|
| Janet Koven Levit |
BOTTOM-UP INTERNATIONAL LAWMAKING: REFLECTIONS ON THE NEW HAVEN SCHOOL OF INTERNATIONAL LAW |
32 Yale Journal of International Law 393 (Summer 2007) |
I. Introduction. 393 II. The Nationalist Critique of International Law. 396 III. Bottom-Up International Lawmaking: International Law Stories in Practice. 398 A. International Trade and Export Subsidies. 399 B. Climate Change Regulation. 402 C. Corporate Social Responsibility and Human Rights. 425 D. Bottom-Up International Lawmaking. 408 IV. The... |
2007 |
|
| Cindy G. Buys |
BURYING OUR CONSTITUTION IN THE SAND? EVALUATING THE OSTRICH RESPONSE TO THE USE OF INTERNATIONAL AND FOREIGN LAW IN U.S. CONSTITUTIONAL INTERPRETATION |
21 BYU Journal of Public Law 1 (2007) |
In the last few years, the U.S. Supreme Court has issued several high-profile opinions that refer to international and foreign law, igniting a heated debate among the justices, legal scholars, politicians, and commentators regarding the proper use of international and foreign law in Supreme Court jurisprudence. Justice Scalia, usually joined by... |
2007 |
|
| |
CENTER NEWS/FACULTY AND STAFF UPDATES |
14 Human Rights Brief 57 (Spring, 2007) |
On January 31, 2007, the Center, in conjunction with the New Israel Fund, co-hosted the first annual panel discussion in honor of the Israel-U.S. Civil Liberties Law Program at American University Washington College of Law (WCL). Panelists at the conference discussed how two democracies, the United States and Israel, are dealing (both successfully... |
2007 |
|
| Melissa A. Waters |
CREEPING MONISM: THE JUDICIAL TREND TOWARD INTERPRETIVE INCORPORATION OF HUMAN RIGHTS TREATIES |
107 Columbia Law Review 628 (April, 2007) |
This Article offers a narrow lens analysis of a key debate over the role of foreign authority in U.S. courts: the use of international human rights treaties in interpreting domestic law. Professor Waters argues that recent U.S. Supreme Court decisions (including Roper v. Simmons) should be viewed as part of a transnational trend among common law... |
2007 |
|
| Danielle N. Boaz |
EQUALITY DOES NOT MEAN CONFORMITY: REEVALUATING THE USE OF SEGREGATED SCHOOLS TO CREATE A CULTURALLY APPROPRIATE EDUCATION FOR AFRICAN AMERICAN CHILDREN |
7 Connecticut Public Interest Law Journal 1 (Fall/Winter 2007) |
Envision the education of an African American child. From a very early age, she learns that her ancestors were stolen from their homes and brought to America in chains. She is told that their clothes, their names, and their faiths were taken from them because they were barbarians, and that the white people wished to rid them of their primitive... |
2007 |
|
| Linda Bertling Meade |
HUMAN RIGHTS AND THE CURRENT IMMIGRATION DEBATE: LEGISLATIVE PROPOSALS' EFFECTS ON THE MEXICAN IMMIGRANT POPULATION |
3 South Carolina Journal of International Law & Business 107 (Spring, 2007) |
The United States is a nation of immigrants. It is a nation founded by immigrants. The debate over immigration, therefore, is not a new one. While the immigration dispute has been around for over a century, it is during times of high unemployment, economic distress, and national security scares that the immigration issue comes into sharper focus... |
2007 |
|
| Rebecca Bratspies, Russell Miller, New York, New York, Moscow, Idaho |
INTRODUCTION |
31 American Indian Law Review 253 (2006-2007) |
International law has increasingly begun to acknowledge the unique interests of indigenous peoples, and we are grateful to the American Indian Law Review for engaging in an in-depth exploration of the topic. The papers in this special issue offer a rigorous and wide-ranging consideration of the growing role that international law plays in defining... |
2007 |
|
| S. James Anaya |
KEYNOTE ADDRESS: INDIGENOUS PEOPLES AND THEIR MARK ON THE INTERNATIONAL LEGAL SYSTEM |
31 American Indian Law Review 257 (2006-2007) |
Thank you very much Dean Burnett, I am truly humbled by that introduction. I want to thank the organizers, Russ and Rebecca, for their effort in putting all this together and for including me in this event. I would like to think of today as somewhat of a celebration of the victory achieved by the Western Shoshone people just last week at the United... |
2007 |
|
| Berta Esperanza Hernández-Truyol , Mariana Ribeiro |
MARÍA LUGONES'S WORK AS A HUMAN RIGHTS IDEA(L) |
18 Berkeley La Raza Law Journal 29 (2007) |
This essay utilizes a human rights lens to examine María Lugones's work and its praxical application. María Lugones, a Professor of philosophy and the Director of the Center for Interdisciplinary Studies in Philosophy, Interpretation, and Culture at the State University of New York at Binghamton, is a philosopher, activist, and exciting educator.... |
2007 |
|
| Jamie Mayerfeld |
PLAYING BY OUR OWN RULES: HOW U.S. MARGINALIZATION OF INTERNATIONAL HUMAN RIGHTS LAW LED TO TORTURE |
20 Harvard Human Rights Journal 89 (Spring, 2007) |
James Harding (Financial Times): Mr. President, I want to return to the question of torture. What we've learned from these memos this week is that the Department of Justice lawyers and the Pentagon lawyers have essentially worked out a way that United States officials can torture detainees without running afoul of the law. So when you say you want... |
2007 |
|
| Major Michelle A. Hansen |
PREVENTING THE EMASCULATION OF WARFARE: HALTING THE EXPANSION OF HUMAN RIGHTS LAW INTO ARMED CONFLICT |
194 Military Law Review 1 (Winter 2007) |
The reasons why the United States has maintained its distance from the international human rights agreements are not obvious .. [T]here is resistance to accepting international standards, and international scrutiny, on matters that have been for the United States to decide. The United States ratified the International Covenant on Civil and... |
2007 |
|
| Michelle Schuld |
STATUTORY MISINTERPRETATION: SMALL V. UNITED STATES DARKENS THE ALREADY MURKY WATERS OF STATUTORY INTERPRETATION |
40 Akron Law Review 751 (2007) |
In 1968 Congress passed The Gun Control Act in part to prevent firearms from getting into the hands of dangerous individuals. Congress determined that a prior conviction for crimes punishable by imprisonment for more than one year was an indication that an individual was potentially dangerous. Therefore, the Gun Control Act restricted the... |
2007 |
|
| Ruqaiijah Yearby |
STRIVING FOR EQUALITY, BUT SETTLING FOR THE STATUS QUO IN HEALTH CARE: IS TITLE VI MORE ILLUSORY THAN REAL? |
59 Rutgers Law Review 429 (Spring 2007) |
I. Introduction. 433 II. De Jure Segregation and Disparate Treatment: The History of Racial Segregation and Discrimination in Health Care. 440 III. The Promise of a Dream: Preventing Racial Segregation and Discrimination in Health Care. 443 A. Private Action and Government Intervention. 444 B. Title VI of the Civil Rights Act. 446 C. Medicare and... |
2007 |
|
| Ricardo Alfonso |
THE IMPOSITION OF THE DEATH PENALTY IN PUERTO RICO: A HUMAN RIGHTS CRISIS IN THE PATH TOWARDS SELF-DETERMINATION |
76 Revista Juridica Universidad de Puerto Rico 1077 (2007) |
The explorer seemed to have accepted merely out of politeness the Commandant's invitation to witness the execution of a soldier condemned to death for disobedience and insulting behavior to a superior. Nor did the colony itself betray much interest in this execution. Franz Kafka L2-3Introduction 1078 I. L2-3Constitutional and legal issues... |
2007 |
|
| Marcela X. Berdion |
THE RIGHT TO HEALTH CARE IN THE UNITED STATES: LOCAL ANSWERS TO GLOBAL RESPONSIBILITIES |
60 SMU Law Review 1633 (Fall 2007) |
THE idea that access to health care is an essential right for all people has likely existed in the hearts and minds of medical professionals around the world for many years, but a right to health did not become codified as an international human right until the 20th century, with the help of American leadership. President Franklin D. Roosevelt... |
2007 |
|
| Julie Ann Fishel |
THE WESTERN SHOSHONE STRUGGLE: OPENING DOORS FOR INDIGENOUS RIGHTS |
2 Intercultural Human Rights Law Review 41 (2007) |
The struggle of the Western Shoshone Nation is the struggle of all Indigenous Peoples. It is not just about abuse of power and economics - it is about the stripping away of our spirit. It is about being forced to live in two worlds - the real world and a world of made up laws and legal constructs which attempt to render us invisible. Laws which... |
2007 |
|
| Beth Lyon |
TIPPING THE BALANCE: WHY COURTS SHOULD LOOK TO INTERNATIONAL AND FOREIGN LAW ON UNAUTHORIZED IMMIGRANT WORKER RIGHTS |
29 University of Pennsylvania Journal of International Law 169 (Fall 2007) |
All migrant workers, irrespective of their status, should be assured conditions of work which accord with international human rights law. States should take adequate measures to protect the rights at work of all without discrimination, including in the private sector. 1. Introduction. 171 2. With These Hands: The Civil Rights Movement for... |
2007 |
|
| Adèle Hutton Auxier |
TIPTOEING THROUGH THE JUNKYARD: THREE APPROACHES TO THE MORAL DILEMMA OF RACIST HATE SPEECH |
21 Notre Dame Journal of Law, Ethics & Public Policy 215 (2007) |
Professor Rick Garnett uses the analogy of a yard to describe the Supreme Court's free speech jurisprudence. It goes like this: the more manicured the lawn, the more gently the government must tread if it wants to regulate. If we extend the analogy, we could say that racist hate speech is not a lawn, but a junkyard--full of sharp objects, health... |
2007 |
|
| Judith Kimerling |
TRANSNATIONAL OPERATIONS, BI-NATIONAL INJUSTICE: CHEVRONTEXACO AND INDIGENOUS HUAORANI AND KICHWA IN THE AMAZON RAINFOREST IN ECUADOR |
31 American Indian Law Review 445 (2006-2007) |
In 1967, a consortium of foreign companies (wholly owned subsidiaries of Texaco and Gulf Oil, both now part of Chevron Corporation), struck oil in the Amazon Rainforest in Ecuador. The discovery was heralded as the salvation of Ecuador's economy, the product that would pull the nation out of chronic poverty and underdevelopment at last. At the... |
2007 |
|
| Eric Heinze |
TRUTH AND MYTH IN CRITICAL RACE THEORY AND LATCRIT: HUMAN RIGHTS AND THE ETHNOCENTRISM OF ANTI-ETHNOCENTRISM |
20 National Black Law Journal 107 (2007) |
Critical Race Theorists and LatCrits argue that, throughout U.S. history, norms promising liberty and equality have been myths. They examine the formalisms of U.S. rights discourse through the lens of a realist jurisprudence, arguing that guarantees of equal protection or due process have failed non-dominant groups throughout long histories of... |
2007 |
|
| Julie Ann Fishel |
UNITED STATES CALLED TO TASK ON INDIGENOUS RIGHTS: THE WESTERN SHOSHONE STRUGGLE AND SUCCESS AT THE INTERNATIONAL LEVEL |
31 American Indian Law Review 619 (2006-2007) |
This government needs to be accountable for the actions it takes. Both here and abroad - for the love of money they go out and do what they want. This country has gone around the world trying to manipulate and persuade governments and attack Indigenous Peoples and their lands and resources in its own money driven craze. We need to deeply analyze... |
2007 |
|