AuthorTitleCitationSummaryYearKey Term
Eric T. Eberwine SOUND AND FURY SIGNIFYING NOTHING?: JÜRGEN BÜSSOW'S BATTLE AGAINST HATE-SPEECH ON THE INTERNET 49 New York Law School Law Review 353 (2004-2005) Propaganda has only one object . . . to conquer the masses. Every means that furthers this aim is good; every means that hinders it is bad. The combination of hatred and technology is the greatest danger threatening mankind. Those who won our independence . . . believed that freedom to think as you will and to speak as you think are means... 2005  
Carrie Martin SPARE THE DEATH PENALTY, SPOIL THE CHILD: HOW THE EXECUTION OF JUVENILES VIOLATES THE EIGHTH AMENDMENT'S BAN ON CRUEL AND UNUSUAL PUNISHMENT IN 2005 46 South Texas Law Review 695 (Spring 2005) I. Introduction. 695 II. History of Juvenile Executions. 698 A. Execution of Juveniles at Common Law and in Early American Jurisprudence. 698 B. The Reformation of the American Juvenile Justice System in 1899. 699 C. Modern Death Penalty Statutes. 700 III. The Supreme Court Controversy Regarding Which Evolving Standards of Decency Test to Use in... 2005  
Houston Putnam Lowry , Peter W. Schroth SURVEY OF 2004-2005 DEVELOPMENTS IN INTERNATIONAL LAW IN CONNECTICUT 79 Connecticut Bar Journal 131 (September 1, 2005) This is the thirteenth article in our series, again covering two years. This survey reports and comments on developments in international alternative dispute resolution (and a new treaty that may make some international litigation more attractive); under several well known treaties, such as the Hague Conventions on Child Abduction and Service of... 2005  
Jennifer Kwon THE COMFORT WOMEN LITIGATION AND THE SAN FRANCISCO TREATY: ADOPTING A DIFFERENT PRINCIPLE OF TREATY INTERPRETATION 73 George Washington Law Review 649 (April, 2005) Although more than fifty years have passed, the silence surrounding the comfort women tragedy has only just begun to fade. From the early 1930s until the end of World War II, the Japanese Imperial Army established a number of rape camps, euphemistically called comfort stations. Approximately 200,000 women were enslaved in these comfort... 2005  
Stephen H. Legomsky THE ETHNIC AND RELIGIOUS PROFILING OF NONCITIZENS: NATIONAL SECURITY AND INTERNATIONAL HUMAN RIGHTS 25 Boston College Third World Law Journal 161 (Winter, 2005) In response to the terrorist attacks of September 11, 2001 the United States has taken exceptional national security measures, particularly with respect to noncitizens. Many of those measures either expressly or at least arguably entail profiling young male Arabs and Muslims. They are summarized in the first section of this Article. The... 2005  
Edward Lee THE NEW CANON: USING OR MISUSING FOREIGN LAW TO DECIDE DOMESTIC INTELLECTUAL PROPERTY CLAIMS 46 Harvard International Law Journal 1 (Winter, 2005) In recent decades, statutory interpretation has sparked a number of spirited disagreements in the United States. These disagreements, however, have been waged almost exclusively on a domestic battlegroundover questions about the reliability of legislative history, the use of statutory purpose, and the application of other interpretive tools, all... 2005  
Michelle S. Friedman THE UNEASY U.S. RELATIONSHIP WITH HUMAN RIGHTS TREATIES: THE CONSTITUTIONAL TREATY SYSTEM AND NONSELF-EXECUTION DECLARATIONS 17 Florida Journal of International Law 187 (March, 2005) The body of international law that governs the rights of individuals, rather than states, began its development at the end of the Second World War. Until that time, international law dealt exclusively with relationships between nations and left each nation's treatment of its citizens to that nation's government. However, at the end of the Second... 2005  
Ruth Bader Ginsburg THE VALUE OF A COMPARATIVE PERSPECTIVE IN JUDICIAL DECISIONMAKING: IMPARTING EXPERIENCES TO, AND LEARNING FROM, OTHER ADHERENTS TO THE RULE OF LAW 74 Revista Juridica Universidad de Puerto Rico 213 (2005) The Old Testament Book of Deuteronomy famously instructs: Justice, justice shall you pursue, that you may thrive. My remarks this evening center on one aspect of that pursuit: judicial review for constitutionality. I will address, specifically, the evolving appreciation that U. S. judges are not alone in the endeavor to interpret fundamental... 2005  
Michael Davey TO THE VICTOR GO NO SPOILS? THE UNITED STATES AS AN INVADING MILITARY FORCE AND ITS RELATIONSHIP WITH ECONOMIC CONTRACTS IN OCCUPIED IRAQ 23 Penn State International Law Review 721 (Winter 2005) Shortly before dawn in Iraq on the morning of March 20, 2003, explosions from United States' missiles rocked what would have been an otherwise tranquil Baghdad morning. After more than six months of deadlocked debate in the United Nations over the consequences to Iraq for failing to comply with orders to disarm, President George W. Bush ordered the... 2005  
Stacy Laira Lozner DIFFUSION OF LOCAL REGULATORY INNOVATIONS: THE SAN FRANCISCO CEDAW ORDINANCE AND THE NEW YORK CITY HUMAN RIGHTS INITIATIVE 104 Columbia Law Review 768 (April, 2004) San Francisco was the first city in the country to address public sector discrimination through a local ordinance inspired by the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This Note situates the San Francisco CEDAW ordinance within developing experimentation in the field of domestic... 2004 Yes
Marjorie Cohn RESISTING EQUALITY: WHY THE U.S. REFUSES TO RATIFY THE WOMEN'S CONVENTION 27 Thomas Jefferson Law Review 15 (Fall 2004) The United States frequently criticizes other countries for their human rights violations. Yet the U.S. has failed to ratify several of the most significant human rights treaties, including the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). This essay will explain why the administration of George W. Bush, for... 2004 Yes
Ruth E. Gordon , Jon H. Sylvester DECONSTRUCTING DEVELOPMENT 22 Wisconsin International Law Journal 1 (Winter 2004) Introduction. 2 I. Constructing Development in Theory. 9 A. The Birth of a Paradigm. 9 B. The Discovery and Quantification of Global Poverty. 11 C. The Meta-narrative of Modernization. 15 D. Law and Development. 18 II. Constructing Development in Practice. 22 A. The Institutional Edifice. 22 1. The World Bank. 23 2. The Evolving Role of the IMF in... 2004  
Linda A. Malone FROM BREARD TO ATKINS TO MALVO: LEGAL INCOMPETENCY AND HUMAN RIGHTS NORMS ON THE FRINGES OF THE DEATH PENALTY 13 William & Mary Bill of Rights Journal 363 (December, 2004) In Republic of Paraguay v. Allen, the LaGrand Case, and Avena and Other Mexican Nationals, nations pressed their claims in U.S. courts and the World Court that the United States is violating its treaty obligations and human rights obligations under customary international law by failing to provide consular notice before imposing the death penalty... 2004  
Connie de la Vega HUMAN RIGHTS AND TRADE: INCONSISTENT APPLICATION OF TREATY LAW IN THE UNITED STATES 9 UCLA Journal of International Law and Foreign Affairs 1 (Spring-Summer 2004) Over the past sixty years a dichotomy has developed in the United States' involvement in international agreements, subjecting treaties based on economic concerns to a different ratification mechanism than those relating to human rights abuses. That dichotomy has resulted from actions by all three branches of the federal government that increasingly... 2004  
Amy J. McMaster HUMAN RIGHTS AT THE CROSSROADS: WHEN EAST MEETS WEST 29 Vermont Law Review 109 (Fall, 2004) Li Jing, a member of China's criminalized religious group, the Falun Gong, died while in police custody on October 11, 2001. According to the police, the college student jumped to her death from the police car transporting her to Changchu; Li was scheduled to undergo formal questioning upon arrival. Given the large number of suicides of Falun... 2004  
Mark E. Wojcik, Melinda Lord HUMAN RIGHTS LAW 38 International Lawyer 499 (Summer, 2004) The year 2003 was both a significant and controversial year for international human rights, as the United States cited the prevention or vindication of human rights abuses as one of the reasons to invade Iraq. While there was no question about the horrific and widespread human rights abuses committed in Iraq over the past decades, doubts arose... 2004  
Joan L. Larsen IMPORTING CONSTITUTIONAL NORMS FROM A "WIDER CIVILIZATION": LAWRENCE AND THE REHNQUIST COURT'S USE OF FOREIGN AND INTERNATIONAL LAW IN DOMESTIC CONSTITUTIONAL INTERPRETATION 65 Ohio State Law Journal 1283 (2004) The decision of the U.S. Supreme Court in Lawrence v. Texas, 539 U.S. 558 (2003) is remarkable for many reasons, not the least of which is the Court's reliance on international and foreign law sources in its constitutional interpretation. This Article explores the various ways in which Justices of the Rehnquist Court have used foreign and... 2004  
S. James Anaya INTERNATIONAL HUMAN RIGHTS AND INDIGENOUS PEOPLES: THE MOVE TOWARD THE MULTICULTURAL STATE 21 Arizona Journal of International & Comparative Law 13 (Spring, 2004) Indigenous peoples and the cultural attributes that define them have survived with great resilience in the face of tremendous adversity suffered through centuries, despite the designs of both early colonizers and more recent liberal assimilationists. They have survived as they have striven to maintain the cultural integrity that makes them... 2004  
David Weissbrodt INTERNATIONAL HUMAN RIGHTS LAW PERSPECTIVE ON GRUTTER AND GRATZ 21 Constitutional Commentary 275 (Spring 2004) There is an international human rights law aspect to Grutter v. Bollinger and Gratz v. Bollinger that might be missed by many lawyers and scholars who rarely consider any legal domain beyond the limits of the U.S. Constitution. Indeed, Grutter and Gratz reflect a trend in Supreme Court opinions to use international human rights sources in... 2004  
Timothy K. Kuhner INTERNATIONAL POVERTY LAW: A RESPONSE TO ECONOMIC GLOBALIZATION 22 Buffalo Public Interest Law Journal 75 (2003-2004) This paper addresses the relationship between economic globalization and the theory and practice of poverty law in the United States. It suggests that poverty law must be internationalized in order to scrutinize poverty in today's conditions. The degree to which redistributionist and transformative social agendas are viable absent such... 2004  
Sofia Gruskin IS THERE A GOVERNMENT IN THE COCKPIT: A PASSENGER'S PERSPECTIVE OR GLOBAL PUBLIC HEALTH: THE ROLE OF HUMAN RIGHTS 77 Temple Law Review 313 (Summer 2004) Since the creation of the United Nations (UN) over fifty years ago, the world has increasingly recognized international responsibility for both public health and human rights. Embedded within a similar state-centric view of the world, these two areas nonetheless evolved along parallel but distinctly separate tracks. Traditionally, public health... 2004  
Taavi Annus, Margit Tavits JUDICIAL BEHAVIOR AFTER A CHANGE OF REGIME: THE EFFECTS OF JUDGE AND DEFENDANT CHARACTERISTICS 38 Law and Society Review 711 (December, 2004) This article examines the determinants of judicial behavior in the context of transition. It tests two assumptions: first, that the judges with experience from the pretransition criminal justice system behave differently from the judges with no such experience; second, that minorities are discriminated against due to their dominant position in... 2004  
John Yoo PEEKING ABROAD?: THE SUPREME COURT'S USE OF FOREIGN PRECEDENTS IN CONSTITUTIONAL CASES 26 University of Hawaii Law Review 385 (Summer, 2004) In the last few years, some Supreme Court Justices have been looking to the decisions of foreign courts for guidance in interpreting the American Constitution. This phenomenon has occurred not only in minor instances, but in several controversial, high-profile cases. Lawrence v. Texas, in which the Court struck down a state law that criminalized... 2004  
Christina E. Norland Audigier STARVING FIVE TO PREVENT THE BIRTH OF ONE? AN INTERNATIONAL HUMAN RIGHTS ANALYSIS OF CHILD EXCLUSION PROVISIONS AND THE FAILURE OF FEDERAL AND STATE CONSTITUTIONAL CHALLENGES 77 Temple Law Review 781 (Fall 2004) [Women on welfare] are people sitting around on their posteriors and doing no work at all - not wanting to do any work at all - yet drawing food stamps regularly and purchasing anything they want to purchase with them . . . . [Welfare] is bad for the recipient . . . who is able to work but just will not. - Senator Jesse Helms Middle-class American... 2004  
Josh Kastenberg THE CUSTOMARY INTERNATIONAL LAW OF WAR AND COMBATANT STATUS: DOES THE CURRENT EXECUTIVE BRANCH POLICY DETERMINATION ON UNLAWFUL COMBATANT STATUS FOR TERRORISTS RUN AFOUL OF INTERNATIONAL LAW, OR IS IT JUST POOR PUBLIC RELATIONS? 39 Gonzaga Law Review 495 (2003-2004) I. The History and Purpose of the Law of War on Combatant Designation. 499 II. Origins and Nature of Current Fundamentalist Islamic Terrorism: al-Qaeda, Abu Sayeff, Hamas, and Hizbollah. 510 III. Contemporary Practice and Parameters: Domestic Judicial Interpretation of International Law. 515 A. Ex parte Quirin. 515 B. Executive Authority and... 2004  
Jordan J. Paust THE HISTORY, NATURE, AND REACH OF THE ALIEN TORT CLAIMS ACT 16 Florida Journal of International Law 249 (June, 2004) Federal statutes exist that permit civil sanctions against violators of international law and incorporate international law by reference. Domestically, it is the statute that forms the direct basis for a civil suit against the perpetrator, while international normative content and even relevant sanctions or remedies are incorporated indirectly... 2004  
Leah E. Kraft THE JUDICIARY'S OPPORTUNITY TO PROTECT INTERNATIONAL HUMAN RIGHTS: APPLYING THE U.S. CONSTITUTION EXTRATERRITORIALLY 52 University of Kansas Law Review 1073 (June, 2004) The atrocities of September 11, 2001 changed the attitude of the United States along with the lives of Americans and their sense of security. Global expressions of empathy and other support followed the September 11 attacks on the World Trade Center, the Pentagon, and Flight 93. Even before that date, terrorist groups had targeted Americans and... 2004  
Elizabeth M. Schneider TRANSNATIONAL LAW AS A DOMESTIC RESOURCE: THOUGHTS ON THE CASE OF WOMEN'S RIGHTS 38 New England Law Review 689 (Spring 2004) International human rights treaties, human rights documents, and international and comparative legal norms are increasingly viewed as relevant sources of law for United States domestic lawmaking in a wide range of fields, including the death penalty, affirmative action and women's rights. Over the last twenty years, the connections between... 2004  
Lesley Stone, Lawrence O. Gostin USING HUMAN RIGHTS TO COMBAT THE HIV/AIDS PANDEMIC 31-FALL Human Rights 2 (Fall, 2004) The HIV/AIDS pandemic presents a stark example of the nexus between human rights and health. This first became evident when government responses to HIV/AIDS subjected people living with the disease to violations of their rights to liberty, privacy, freedom of association, nondiscrimination, and equality before the law. Early on, advocates began to... 2004  
Natasha Fain HUMAN RIGHTS WITHIN THE UNITED STATES: THE EROSION OF CONFIDENCE 21 Berkeley Journal of International Law 607 (2003) This article explores the Bush administration's human rights enforcement within the United States. First, the United States is widely criticized for failing to ratify international human rights treaties and for ineffective enforcement of the few treaties the United States has ratified. For instance, the Treaty Committee for the Convention on the... 2003 Yes
Lisa A. Crooms "TO ESTABLISH MY LEGITIMATE NAME INSIDE THE CONSCIOUSNESS OF STRANGERS": CRITICAL RACE PRAXIS, PROGRESSIVE WOMEN-OF-COLOR THEORIZING, AND HUMAN RIGHTS 46 Howard Law Journal 229 (Winter 2003) As a female member of our endangered species, I am searching for a relevant proof of sisterhood: I am searching for relevant proof of brotherhood hinged to that sisterhood. I want to pursue the collective, and the creative, securement of all our legitimate names for all of our, finally, legitimate lives. I need to establish my legitimate name... 2003  
Stanley N. Katz A NEW AMERICAN DILEMMA?: U.S. CONSTITUTIONALISM VS. INTERNATIONAL HUMAN RIGHTS 58 University of Miami Law Review 323 (October, 2003) Americans don't see it this way, but the country with the most puzzling human rights record in the world is their own. My objective is to explore the historical reasons that serious and well-intentioned Americans disagree so profoundly on what human rights are, and what the role of my country might be in enforcing the emerging international law... 2003  
John Quigley AMERICAN STYLE IN INTERNATIONAL HUMAN RIGHTS ADJUDICATION 19 Ohio State Journal on Dispute Resolution 249 (2003) International legal process in cases of human rights abuses reflects conflicting aspects of Americanization. One aspect is a reflection of the American penchant for, and style in, lawsuits. Lawsuits are filed against states and against multi-national corporations as plaintiffs seek remedies for rights abuses. Liability is sought even for indirect... 2003  
Sherrie L. Russell-Brown BRIDGING THE "DIVIDE" BETWEEN FEMINISM AND CHILD PROTECTION USING THE DISCOURSE OF INTERNATIONAL HUMAN RIGHTS 13 Southern California Review of Law and Women's Studies 163 (Fall 2003) In the spring of 2000, at a United Nations women's human rights conference, several female participants wore large pink buttons, written on which was the word mother in the middle of a circle with a slash through it. The buttons were worn in reaction to an issue that had arisen regarding the Holy See's representative to the conference. However,... 2003  
Tanya Kateri Hernandez COMPARATIVE JUDGING OF CIVIL RIGHTS: A TRANSNATIONAL CRITICAL RACE THEORY APPROACH 63 Louisiana Law Review 875 (Spring, 2003) Studies consistently demonstrate that the act of judging is influenced by judges' personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies. In addition, research on the U.S. chief justice's... 2003  
Jason Morgan-Foster FROM HUTCHINS HALL TO HYDERABAD AND BEYOND: A COMPARATIVE LOOK AT AFFIRMATIVE ACTION IN THREE JURISDICTIONS 9 Washington and Lee Race and Ethnic Ancestry Law Journal 73 (Spring 2003) Awash with hortatory declarations and resolutions, international human rights law is often criticized as too soft, as lacking teeth. Indeed, even the hardest human rights standards, the binding multi-lateral treaties, include little means of enforcement beyond international scrutiny, which would exist even without human rights law. For this... 2003  
Timothy K. Kuhner HUMAN RIGHTS TREATIES IN U.S. LAW: THE STATUS QUO, ITS UNDERLYING BASES, AND PATHWAYS FOR CHANGE 13 Duke Journal of Comparative & International Law 419 (Spring 2003) As of this day, the United States has ratified three of the major seven global human rights treaties (HRTs). The three it has ratified have been assented to only conditionally. They have been qualified by reservations, understandings, and declarations (RUDs) to prevent their direct enforcement in U.S. courts, and bring their provisions into sync... 2003  
Chrissy Fox IMPLICATIONS OF THE UNITED STATES' RESERVATIONS AND NON-SELF-EXECUTING DECLARATION TO THE ICCPR FOR CAPITAL OFFENDERS AND FOREIGN RELATIONS 11 Tulane Journal of International and Comparative Law 303 (Spring 2003) I. Introduction. 303 II. Background and History of ICCPR Ratification. 305 III. Non-Self-Executing Declarations. 308 A. Theories. 308 B. U.S. Reasons and Defenses for the ICCPR Declaration. 310 IV. History of U.S. Death Penalty Jurisprudence. 312 A. Adults. 312 B. Juveniles. 314 V. Implications of ICCPR RUDs for U.S. Capital Offenders. 315 A.... 2003  
Rhonda Copelon INTERNATIONAL HUMAN RIGHTS DIMENSIONS OF INTIMATE VIOLENCE: ANOTHER STRAND IN THE DIALECTIC OF FEMINIST LAWMAKING 11 American University Journal of Gender, Social Policy and the Law 865 (2003) It is a deep pleasure to gather to discuss Liz's great book Battered Women and Feminist Lawmaking and a privilege to be part of this great gathering. Liz and I have shared each others paths as feminist lawyers, teachers, scholars and friends for over thirty years. This book is for me a journey into both past and future as well as more deeply into... 2003  
Richard J. Wilson INTERNATIONAL LAW ISSUES IN DEATH PENALTY DEFENSE 31 Hofstra Law Review 1195 (Summer 2003) The American Bar Association adopted revised Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases in February 2003. For the first time in any set of standards regarding the role of defense counsel in a criminal case, the new guidelines make reference to an obligation to raise issues involving the application of... 2003  
Patricia Hewitson NONPROLIFERATION AND REDUCTION OF NUCLEAR WEAPONS: RISKS OF WEAKENING THE MULTILATERAL NUCLEAR NONPROLIFERATION NORM 21 Berkeley Journal of International Law 405 (2003) The United States has a powerful interest in maximizing the effectiveness of the global nuclear nonproliferation regime, partly because it provides the best protection against nuclear terrorism. However, in some respects the policies of the current administration are unlikely to serve this key interest. The Bush administration's main emphasis in... 2003  
Richard A. Boswell RACISM AND U.S. IMMIGRATION LAW: PROSPECTS FOR REFORM AFTER "9/11?" 7 Journal of Gender, Race and Justice 315 (Fall 2003) I. Introduction II. Brief History of Racial Exclusion in U.S. Immigration Policy A. Mexican, Asian and African Exclusion B. The National Origin Quota C. The 1965 Immigration Act D. The 1964 Civil Rights Laws E. The Modern Reform Movements III. Problems in the Immigration System A. Structural Barriers B. Doctrinal Barriers C. Attitudinal Barriers... 2003  
Matthew Fagin REGULATING SPEECH ACROSS BORDERS: TECHNOLOGY VS. VALUES 9 Michigan Telecommunications and Technology Law Review 395 (Spring 2003) Cite as: Matthew Fagin, Regulating Speech Across Borders: Technology vs. Values, 9 Mich. Telecomm. Tech. L. Rev. 395 (2003), available at http:// www.mttlr.org/volnine/Fagin.pdf Introduction. 397 I. A Short History of the Internet Regulation Debate. 403 A. The Regulation Critics and the Borderless Net. 403 1. A Medium Both Everywhere and Nowhere.... 2003  
Kathaleen S. McCormick RESURRECTING A DEAD HORSE: THE CONSTITUTIONAL VIABILITY OF VAWA'S CIVIL RIGHTS REMEDY UNDER THE TREATY POWER 30 Journal of Legislation 143 (2003) Violence against women is a bad thing--if this does not sound familiar, it should, at least, sound obvious. Precisely why the civil rights remedy (CRR) of the 1994 Violence Against Women Act (VAWA) actually ameliorates the problem is less obvious. The vast majority of scholarly debate on the CRR has been targeted towards arguing or rebutting its... 2003  
Vicki Been , Joel C. Beauvais THE GLOBAL FIFTH AMENDMENT? NAFTA'S INVESTMENT PROTECTIONS AND THE MISGUIDED QUEST FOR AN INTERNATIONAL "REGULATORY TAKINGS" DOCTRINE 78 New York University Law Review 30 (April, 2003) Just over two years ago, in Metalclad Corp. v. United Mexican States, an arbitral tribunal announced a seventeen-million-dollar award under NAFTA Article 1110, which requires host governments to compensate foreign investors for acts of direct or indirect expropriation or measures tantamount to expropriation. Several of these regulatory... 2003  
Eric P. Schwartz THE UNITED STATES AND THE INTERNATIONAL CRIMINAL COURT: THE CASE FOR "DEXTEROUS MULTILATERALISM" 4 Chicago Journal of International Law 223 (Spring 2003) On Sunday, December 31, 2000, the United States signed the Rome Statute of the International Criminal Court (ICC), and thus became one of the 139 nations that met the New Year's Eve, 2000 deadline for signature established in the Treaty. David Scheffer, who served as the Clinton Administration's Ambassador-at-Large for War Crimes Issues, signed... 2003  
Vicki C. Jackson TRANSNATIONAL DISCOURSE, RELATIONAL AUTHORITY, AND THE U.S. COURT: GENDER EQUALITY 37 Loyola of Los Angeles Law Review 271 (Fall 2003) Global developments in domestic constitutionalism and international human rights law have engendered a new set of dynamic relationships between and among legal systems. Scholars and jurists have taken note of transnational judicial conversations, dialogue or transjudicial communication about human rights, of a rise in world... 2003  
Terry D. Johnson UNBRIDLED DISCRETION AND COLOR CONSCIOUSNESS: VIOLATING INTERNATIONAL HUMAN RIGHTS IN THE UNITED STATES CRIMINAL JUSTICE SYSTEM 56 Rutgers Law Review 231 (Fall 2003) Th[e] assumption that of all the hues of God whiteness alone is inherently and obviously better than brownness or tan leads to curious acts . . . . -W.E.B DuBois When agents of the United States criminal justice system make decisions that permanently impact the lives of defendants, they should act with no regard to individual characteristics such... 2003  
Andrea Montavon-McKillip CAT AMONG PIGEONS: THE CONVENTION AGAINST TORTURE, A PRECARIOUS INTERSECTION BETWEEN INTERNATIONAL HUMAN RIGHTS LAW AND U.S. IMMIGRATION LAW 44 Arizona Law Review 247 (Spring 2002) Tortures are just what they were, only the earth has shrunk and whatever goes on sounds as if it's just a room away. Nothing has changed. . .the body is and is and is and has nowhere to go. Gloria Hernandez fled to the United States from a Latin American country several years ago to escape the violence of her ex-boyfriend, a rich and unctuous... 2002 Yes
Michelle Foster CAUSATION IN CONTEXT: INTERPRETING THE NEXUS CLAUSE IN THE REFUGEE CONVENTION 23 Michigan Journal of International Law 265 (Winter 2002) Introduction. 265 I. Causation Standards in Refugee Law. 267 A. Sole Cause. 269 B. But for /Common Law Test of Causation. 274 C. Contributing Cause. 283 D. Tests in Progress. 287 E. No Test. 287 II. Developing an Appropriate Standard inthe Refugee Context. 291 A. Causation Should be Context-Specific. 291 B. The Particular Challenges of Refugee... 2002 Yes
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