| Author | Title | Citation | Summary | Year | Key Term |
| Laura Leets |
RESPONSES TO INTERNET HATE SITES: IS SPEECH TOO FREE IN CYBERSPACE? |
6 Communication Law and Policy 287 (Spring, 2001) |
This descriptive study investigates people's responses to incendiary hate sites found on the World Wide Web. Drawing on legal guidelines for other classes of unprotected speech, this study explores the parallels between First Amendment formulas and people's perceptions of hate sites. Additionally, it examines perceptions of harmfulness and... |
2001 |
|
| Mary Becker |
TOWARDS A PROGRESSIVE POLITICS AND A PROGRESSIVE CONSTITUTION |
69 Fordham Law Review 2007 (April, 2001) |
There are two major de jure obstacles to a progressive political movement in the United States today. One is our archaic electoral system (winner-take-all geographic districts drawn by politicians), and the other is the United States Constitution. The 2000 presidential election has focused attention on a number of problems with our electoral... |
2001 |
|
| James L. Taulbee |
A CALL TO ARMS DECLINED: THE UNITED STATES AND THE INTERNATIONAL CRIMINAL COURT |
14 Emory International Law Review 105 (Spring 2000) |
The establishment of an International Criminal Court (ICC) has been part of the post World War II human rights agenda since the negotiations which produced the Genocide Convention in 1948. The idea of a court theoretically immune to the special pleadings and influence of state authorities has enjoyed, then as now, considerable support among those... |
2000 |
Yes |
| Berta Esperanza Hernández-Truyol |
NATIVISM, TERRORISM, AND HUMAN RIGHTS-THE GLOBAL WRONGS OF RENO v. AMERICAN-ARAB ANTI-DISCRIMINATION COMMITTEE |
31 Columbia Human Rights Law Review 521 (Summer, 2000) |
Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door! Wide open and unguarded stand our gates, And through them press a wild motley throng . bringing with them unknown gods and rites .. In street and... |
2000 |
Yes |
| T. Jeremy Gunn |
A PRELIMINARY RESPONSE TO CRITICISMS OF THE INTERNATIONAL RELIGIOUS FREEDOM ACT OF 1998 |
2000 Brigham Young University Law Review 841 (2000) |
In 1998, the U.S. Congress expressed its growing concern about violations of religious freedom abroad by enacting the International Religious Freedom Act of 1998 (IRFA). IRFA directs the U.S. government generally--and the U.S. Department of State in particular--to play a more active role in promoting freedom of religion abroad. Although little... |
2000 |
|
| Sharon K. Hom ; Eric K. Yamamoto |
COLLECTIVE MEMORY, HISTORY, AND SOCIAL JUSTICE |
47 UCLA Law Review 1747 (August, 2000) |
This Article is part of a larger project, entitled Re-Forming Civil Rights in Uncivil Times, that will be published as a special 2001 issue of the UCLA Amer-asia Journal, guest edited by Professors Hom and Yamamoto. The Article describes first the larger project, an interrogation of rights in the context of the U.S. civil rights legacy and the... |
2000 |
|
| Ruth Gordon |
CRITICAL RACE THEORY AND INTERNATIONAL LAW: CONVERGENCE AND DIVERGENCE |
45 Villanova Law Review 827 (2000) |
THIS symposium is the first symposium to address comprehensively how Critical Race Theory (CRT) might inform, and be informed by, an international perspective. The objective of this conference is to begin the difficult task of discerning whether CRT can assist in understanding, and possibly transforming, the international system, and ascertaining... |
2000 |
|
| Richard J. Wilson |
DEFENDING A CRIMINAL CASE WITH INTERNATIONAL HUMAN RIGHTS LAW |
24-MAY Champion 28 (May, 2000) |
International human rights law has come home to the United States. Recently, the Supreme Court, federal appellate and district courts, and state courts have begun grappling with the application of international human rights to federal and state prosecutions. Some examples of issues now being addressed include: The illegality of the death penalty,... |
2000 |
|
| David Sloss |
EX PARTE YOUNG AND FEDERAL REMEDIES FOR HUMAN RIGHTS TREATY VIOLATIONS |
75 Washington Law Review 1103 (October, 2000) |
The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local... |
2000 |
|
| MARIA FOSCARINIS |
HOMELESSNESS AND HUMAN RIGHTS: TOWARDS AN INTEGRATED STRATEGY |
19 Saint Louis University Public Law Review 327 (2000) |
Years ago, a volunteer team of lawyers staffed a legal clinic at a shelter in Washington, D.C. Any resident who felt a need for legal counsel could come to the folding table we had set up in the shelter hall way. Quite a few did, bringing a wide range of problems: evictions, benefit denials, unpaid wages. While their circumstances were unusually... |
2000 |
|
| Martin A. Geer |
HUMAN RIGHTS AND WRONGS IN OUR OWN BACKYARD: INCORPORATING INTERNATIONAL HUMAN RIGHTS PROTECTIONS UNDER DOMESTIC CIVIL RIGHTS LAW--A CASE STUDY OF WOMEN IN UNITED STATES PRISONS |
13 Harvard Human Rights Journal 71 (Spring, 2000) |
I. L2-4,T4Introduction 73 II. L2-4,T4Overview, Background, and Context 75 A. L3-4,T4U.S. Legal Culture 75. B. L3-4,T4International and Domestic Scrutiny of Human Rights Violations--A Case Study of Women in the Michigan Prison System 79. C. L3-4,T4Who Are These Humans Whose Rights We Are Reviewing? 84. D. L3-4,T4A Brief History of U.S. Women's... |
2000 |
|
| Malvina Halberstam |
INTERNATIONAL HUMAN RIGHTS AND DOMESTIC LAW FOCUSING ON U.S. LAW, WITH SOME REFERENCE TO ISRAELI LAW |
8 Cardozo Journal of International and Comparative Law 225 (Summer 2000) |
It is a great honor and privilege to be here to participate in the celebration of the fiftieth anniversary of the Supreme Court of Israel and the fiftieth anniversary of the Universal Declaration of Human Rights. I have very strong feelings about both. In Siberia and Kirgistan, where my family and I survived World War II, we could not even have... |
2000 |
|
| Eduardo Moises Penalver |
REDISTRIBUTING PROPERTY: NATURAL LAW, INTERNATIONAL NORMS, AND THE PROPERTY REFORMS OF THE CUBAN REVOLUTION |
52 Florida Law Review 107 (January, 2000) |
I. Introduction. 108 II. Property in Cuban History. 112 A. Introduction. 112 B. The Colonial Era. 112 C. The Cuban War for Independence. 114 D. Era of Neocolonial Domination (1902-1959). 116 E. The 1959 Revolution. 119 F. Property Reforms of the Cuban Revolution. 122 1. 1959-1989. 122 a. Agricultural Property. 122 b. Residential and Personal... |
2000 |
|
| Hope Lewis |
REFLECTIONS ON 'BLACKCRIT THEORY': HUMAN RIGHTS |
45 Villanova Law Review 1075 (2000) |
The Colorline Belts the World. -- W.E.B. Du Bois[T]he left-liberal approach to globalization has yet to generate an adequate account of the connections between racial power and political economy in the New World Order. -- Kimberlé Crenshaw, Neil Gotanda, Gary Peller, Kendall Thomas AS the United Nations World Conference Against Racism... |
2000 |
|
| Shruti Rana |
RESTRICTING THE RIGHTS OF POOR MOTHERS: AN INTERNATIONAL HUMAN RIGHTS CRITIQUE OF "WORKFARE" |
33 Columbia Journal of Law and Social Problems 393 (Summer, 2000) |
Now we are turning the clock back, and some of my colleagues are calling this reform. Senator Paul Wellstone, (D) Minnesota In every society, the work that women do is undervalued and unrecognized. Despite women's demands for recognition of their work and worth in both social and economic realms, for many women the situation is not improving. Even... |
2000 |
|
| Samuel Pyeatt Menefee |
THE "SEALED KNOT": A PRELIMINARY BIBLIOGRAPHY OF "COVENANT MARRIAGE" |
12 Regent University Law Review 145 (1999-2000) |
The term sealed knot seems particularly appropriate when applied to the concept of covenant marriage, encompassing not only the idea of this union as a linkage of two separate lifelines, but also emphasizing the importance and permanence given such weddings. The following preliminary bibliography is an attempt to include a representative... |
2000 |
|
| Curtis A. Bradley , Jack L. Goldsmith |
TREATIES, HUMAN RIGHTS, AND CONDITIONAL CONSENT |
149 University of Pennsylvania Law Review 399 (December, 2000) |
Article II of the Constitution grants the President the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur. When the President obtains the Senate's advice and consent and ratifies a treaty, the treaty binds the United States internationally. If the treaty is... |
2000 |
|
| Robin H. Gise |
RETHINKING MCCLESKY V. KEMP: HOW U.S. RATIFICATION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION PROVIDES A REMEDY FOR CLAIMS OF RACIAL DISPARITY IN DEATH PENALTY CASES |
22 Fordham International Law Journal 2270 (June, 1999) |
Warren McClesky, an African-American man, was convicted of murdering a white police officer and sentenced to death in the Superior Court of Fulton County in Georgia in 1978. After making several appeals to the Supreme Court of Georgia, McClesky filed a writ of habeas corpus in federal district court in the Northern District of Georgia. His petition... |
1999 |
Yes |
| Stephanie Farrior |
THE NEGLECTED PILLAR: THE "TEACHING TOLERANCE" PROVISION OF THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
5 ILSA Journal of International and Comparative Law 291 (Spring, 1999) |
As we celebrate the fiftieth anniversary of the Universal Declaration of Human Rights this year, I would like to take particular note of the first of the core human rights treaties developed since adoption of the Universal Declaration, the International Convention on the Elimination of All Forms of Racial Discrimination. Adopted in 1965 by... |
1999 |
Yes |
| Beverly McQueary Smith |
"DON'T GO GENTLE INTO THAT NIGHT" |
13 NBA National Bar Association Magazine 3 (1999) |
The death penalty must be repealed. No Black person in the United States of America can, upon a thorough review of the evidence, support the implementation of the death penalty in this country. Nor can any person of good moral conscience do it either. Black lawyers must lead the way to the death penalty's repeal in all jurisdictions which permit... |
1999 |
|
| T. Alexander Aleinikoff |
BETWEEN NATIONAL AND POST-NATIONAL: MEMBERSHIP IN THE UNITED STATES |
4 Michigan Journal of Race and Law 241 (Spring 1999) |
This essay argues that the concept of post-nationalism does not precisely explain the American concept of citizenship. This is due to the strict construction of the nation state in American constitutional theory, the ineffective role of international human rights norms in American jurisprudence, and the extension of protection to non-citizens based... |
1999 |
|
| Jordan J. Paust |
CUSTOMARY INTERNATIONAL LAW AND HUMAN RIGHTS TREATIES ARE LAW OF THE UNITED STATES |
20 Michigan Journal of International Law 301 (Winter 1999) |
The Founders clearly expected that the customary law of nations was binding, was supreme law, created (among others) private rights and duties, and would be applicable in United States federal courts. For example, at the time of the formation of the Constitution John Jay had written: Under the national government . . . the laws of nations, will... |
1999 |
|
| Kathleen M. Kedian |
CUSTOMARY INTERNATIONAL LAW AND INTERNATIONAL HUMAN RIGHTS LITIGATION IN UNITED STATES COURTS: REVITALIZING THE LEGACY OF THE PAQUETE HABANA |
40 William and Mary Law Review 1395 (April, 1999) |
I'm nothing but a trial judge in one federal court. I don't run the universe, and I have nothing to do with international affairs. Consider the above quote from a federal district court judge in light of the following: In the early 1990s, members of an Algerian fundamentalist group brutally raped and tortured several Algerian women in Algeria. In... |
1999 |
|
| Marjorie E. Kornhauser |
FOR GOD AND COUNTRY: TAXING CONSCIENCE |
1999 Wisconsin Law Review 939 (1999) |
I. Introduction. 940 II. The Unique Case of Conscientious Objection. 945 A. Background: A Short History of Conscientious Objection and War Tax Resistance. 946 B. War Tax Resisters' Legal Claims for Protest and Their Status in Court. 960 1. Claims Under the Free Exercise Clause of the First Amendment. 961 2. Claims Under the Religious Freedom and... |
1999 |
|
| Julie Mertus |
HUMAN RIGHTS: GROUP DEFAMATION, FREEDOM OF EXPRESSION AND THE LAW OF NATIONS: WHAT INTERNATIONAL AND DOMESTIC LAWS CAN TEACH THE UNITED STATES. BY THOMAS DAVID JONES. BOSTON: MARTINUS NIJHOFF, 1998. $115.00. |
21 Houston Journal of International Law 581 (Spring, 1999) |
The field of international and comparative law has long been concerned with transplants, that is the moving of law from here to there. International bodies borrow laws from states' law and practice, and in the same vein states borrow laws from each other. State-based projects, commonly termed rule of law endeavors, attempt to transplant laws,... |
1999 |
|
| A.M. WEISBURD ;This article seeks to apply international relations theory to international human rights law in an effort to examine the ways in which the structure of the international system affects that body of law. More specifically, the article attemp |
IMPLICATIONS OF INTERNATIONAL RELATIONS THEORY FOR THE INTERNATIONAL LAW OF HUMAN RIGHTS |
38 Columbia Journal of Transnational Law 45 (1999) |
I. Introduction. 46 II. Human Rights: The Current Situation. 48 A. The State of International Human Rights Law. 48 1. The U.N. Charter. 49 2. United Nations-Sponsored Human Rights Treaties. 53 3. Regional Human Rights Treaties. 60 B. Extra-Legal Applications of Human Rights Principles. 69 1. Bolivia, 1982. 70 2. Philippines, 1986. 72 3. Korea,... |
1999 |
|
| Harvetta M. Asamoah, Lea Browning, Myra Frazier, Lois A. Gochnauer, Jennifer Humke, Alya Z. Kayal, Mark E. Wojcik |
INTERNATIONAL HUMAN RIGHTS |
33 International Lawyer 555 (Summer, 1999) |
With ceremonies and conferences throughout the world, the Universal Declaration of Human Rights marked its fiftieth anniversary in 1998. The protection of human rights in that same year, however, showed a mixture of incremental improvement, relative stability, and unfortunate regression. Space limitations prevent us from discussing many of these... |
1999 |
|
| Kristen A. Carpenter |
INTERPRETING INDIAN COUNTRY IN STATE OF ALASKA V. NATIVE VILLAGE OF VENETIE |
35 Tulsa Law Journal 73 (Fall, 1999) |
I think that the [Alaska Native Claims Settlement Act] will never fully to the extent advocate and stand individually for the real Native part of us. I think that ANCSA is not totally Native. It is written in the Western-adopted ways, and that it has that business nature where the land is collateral, just like a car or anything. Anyone, in one way... |
1999 |
|
| Curtis A. Bradley ; Jack L. Goldsmith |
PINOCHET AND INTERNATIONAL HUMAN RIGHTS LITIGATION |
97 Michigan Law Review 2129 (June, 1999) |
I. Introduction. 2130 II. The Pinochet Case. 2132 A. Background and Proceedings. 2133 B. International Law Uncertainties. 2140 III. Pinochet and the International Law Override Strategy. 2146 A. Potential Relevance of Pinochet to U.S. Litigation. 2147 B. U.S. Rejection of the International Law Override Strategy. 2151 C. Back to Pinochet. 2158 IV.... |
1999 |
|
| Alice M. Miller, Meghan Faux |
RECONCEIVING RESPONSES TO PRIVATE VIOLENCE AND STATE ACCOUNTABILITY: USING AN INTERNATIONAL HUMAN RIGHTS FRAMEWORK IN THE UNITED STATES |
1999 Georgetown Journal of Gender and the Law 67 (Summer, 1999) |
Recent developments in international human rights law regarding governmental obligations to provide protection from violence can contribute to the current debate within the United States about effective and appropriate state responses to hate crimes and domestic violence. Advocates can look to international human rights standards to build arguments... |
1999 |
|
| Wendy Brown Scott |
TRANSFORMATIVE DESEGREGATION: LIBERATING HEARTS AND MINDS |
2 Journal of Gender, Race and Justice 315 (Spring 1999) |
Introduction I. Contextualizing the Call to Desegrate Curriculum A. The Origins of Racially Subordinating Curriculum B. The Significance of University Culture Wars II. Liberating Hearts and Minds: Foundation for a Transformative Theory of Desegregation A. The Limits of Liberalism and Critical Theory B. Black Liberation Theology: Norms and Sources... |
1999 |
|
| David P. Stewart |
RATIFICATION OF THE CONVENTION ON THE RIGHTS OF THE CHILD |
5 Georgetown Journal on Fighting Poverty 161 (Summer, 1998) |
Chilen's issues have emerged as a pressing political and humanitarian priority, both domestically and internationally. As President Clinton has said on a number of recent occasions, children are our future. Yet around the world, millions of children continue to live in abject poverty, are afflicted by hunger, malnutrition, and disease, are denied... |
1998 |
Yes |
| Susan Kilbourne |
THE CONVENTION ON THE RIGHTS OF THE CHILD: FEDERALISM ISSUES FOR THE UNITED STATES |
5 Georgetown Journal on Fighting Poverty 327 (Summer, 1998) |
Why has the United States-long considered a leader in the field of human rights-failed to ratify one of the most sympathetic of human rights treaties, the Convention on the Rights of the Child? The answer rests significantly with political concerns, including the fear that federal implementation of the Convention would be incompatible with... |
1998 |
Yes |
| Theodore M. Shaw |
THE RACE CONVENTION AND CIVIL RIGHTS IN THE UNITED STATES |
3 New York City Law Review 19 (May, 1998) |
I would like to say a few preliminary things. First, it has been a great honor this academic year to hold the Haywood Burns Chair here at the City University of New York School of Law. Haywood is somebody I never grow tired of talking about, because those of you who knew Haywood, know he was an extraordinary human being and an extraordinary... |
1998 |
Yes |
| Christopher Keith Hall |
THE SIXTH SESSION OF THE UN PREPARATORY COMMITTEE ON THE ESTABLISHMENT OF AN INTERNATIONAL CRIMINAL COURT |
92 American Journal of International Law 548 (July, 1998) |
The Preparatory Committee on the Establishment of an International Criminal Court (Preparatory Committee or committee) held its sixth and final session from March 16 to April 3, 1998, at the United Nations headquarters in New York. At this session it completed its work of preparing a consolidated text of a statute for a permanent international... |
1998 |
Yes |
| Joseph Mettimano |
THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND THE POLITICAL CLIMATE IN THE UNITED STATES |
5 Georgetown Journal on Fighting Poverty 209 (Summer, 1998) |
A government faced with deciding whether to ratify a multilateral agreement must consider several issues. Among these are the questions of whether the general public supports ratification of the treaty and the political ramifications of ratification. In both cases, the government and the public require an acute awareness of the obligations and... |
1998 |
Yes |
| Sanford Fox |
TO RATIFY THE CONVENTION |
5 Georgetown Journal on Fighting Poverty 267 (Summer, 1998) |
I've heard so much at this symposium with which I so thoroughly agree, that I am tempted to say uh-huh and sit down. But I would like to present to you a somewhat different interpretation of what we have heard and try to persuade you that it is the correct interpretation. There are three points that I want to make which I will identify first and... |
1998 |
Yes |
| J. Martin Wagner , Neil A.F. Popovic |
ENVIRONMENTAL INJUSTICE ON UNITED STATES BASES IN PANAMA: INTERNATIONAL LAW AND THE RIGHT TO LAND FREE FROM CONTAMINATION AND EXPLOSIVES |
38 Virginia Journal of International Law 401 (Spring 1998) |
I. Introduction. 403 II. Setting the Context: U.S. Handling of Panamanian Base Transfers. 406 A. Background: The Panama Canal Treaty. 406 B. The Arraijan Tank Farm. 410 C. Fort Davis. 415 D. Empire Range. 417 1. The Installation Condition Report. 419 2. The Unexploded Ordnance Assessment. 419 a. The Demolition Range. 420 b. The Firing Points and... |
1998 |
|
| Hope Lewis , Isabelle R. Gunning |
ESSAY: CLEANING OUR OWN HOUSE: "EXOTIC" AND FAMILIAR HUMAN RIGHTS VIOLATIONS |
4 Buffalo Human Rights Law Review 123 (1998) |
Women's human rights activism in the United States tends to focus on women outside the U.S., or on women from other cultures who enter the U.S. as immigrants or asylum-seekers. Attention centers on condemning exotic violations that occur in foreign countries. This tendency is not new; the United States government has avoided internal application of... |
1998 |
|
| Robert W. Emerson |
FRANCHISE SELECTION AND RETENTION: DISCRIMINATION CLAIMS AND AFFIRMATIVE ACTION PROGRAMS |
40 Arizona Law Review 511 (Summer 1998) |
C1-3Table of Contents I. Introduction. 512 A. Franchising Growth and Regulation. 512 B. The Franchisor-Franchisee Relationship and Statutory Law. 518 C. Discrimination and Affirmative Action Issues. 520 II. Discrimination Claims. 521 A. Theories: Implied Covenants and Good Cause'. 521 B. Representative Cases. 524 C. Antidiscrimination Statutes.... |
1998 |
|
| Berta Esperanza Hernández-Truyol , Kimberly A. Johns |
GLOBAL RIGHTS, LOCAL WRONGS, AND LEGAL FIXES: AN INTERNATIONAL HUMAN RIGHTS CRITIQUE OF IMMIGRATION AND WELFARE "REFORM" |
71 Southern California Law Review 547 (March, 1998) |
I. INTRODUCTION. 549 II. IMMIGRATION IN THE UNITED STATES. 552 III. HUMAN RIGHTS LAW. 563 IV. INTERNATIONAL HUMAN RIGHTS VIOLATIONS. 568 A. Nondiscrimination Protections Under International Human Rights Norms. 570 1. Classifications Based on Race, Ethnicity, or National Origin. 570 2. Classifications Based on Sex. 572 3. The Status of Children in... |
1998 |
|
| Friedrich Kübler |
HOW MUCH FREEDOM FOR RACIST SPEECH?: TRANSNATIONAL ASPECTS OF A CONFLICT OF HUMAN RIGHTS |
27 Hofstra Law Review 335 (Winter 1998) |
I. Racist Speech as an Issue of Constitutional Law. 336 A. The Emergence of Hate Speech Regulation. 336 B. Constitutional Review of Speech Regulation. 337 C. The Example of Defamation. 338 II. Legislation and Judicial Review: The Diverging Ways of the United States and of Germany. 340 A. The Expanding Statutory Framework in Germany. 340 B. The... |
1998 |
|
| Christopher Wall |
HUMAN RIGHTS AND ECONOMIC SANCTIONS: THE NEW IMPERIALISM |
22 Fordham International Law Journal 577 (December, 1998) |
Then I noticed a small sketch in oils, on a panel, representing a woman, draped and blindfolded, carrying a lighted torch. One hundred years ago, Joseph Conrad described a world not too dissimilar from our own. He saw a world in which wealthy nations in the name of civilization took advantage of less-developed nations to accomplish their own... |
1998 |
|
| Jack Goldsmith |
INTERNATIONAL HUMAN RIGHTS LAW & THE UNITED STATES DOUBLE STANDARD |
1 Green Bag 365 (Summer, 1998) |
The united states has long been a leader in the development and enforcement of international human rights law. The United States has also long resisted the application of international human rights law to itself. Many commentators have criticized this double standard. This essay offers a modest defense of it. Before World War II, the content of... |
1998 |
|
| Elisa Massimino |
MOVING FROM COMMITMENT TO COMPLIANCE: HUMAN RIGHTS TREATIES IN U.S. LAW |
5 Georgetown Journal on Fighting Poverty 263 (Summer, 1998) |
As a human rights lawyer working in this country, I spend a fair amount of time thinking about how to make human rights standards, specifically international human rights standards, relevant to people in the United States and meaningful to people's lives. I've been asked to speak today about how the United States implements the human rights... |
1998 |
|
| Curtis A. Bradley |
THE CHARMING BETSY CANON AND SEPARATION OF POWERS: RETHINKING THE INTERPRETIVE ROLE OF INTERNATIONAL LAW |
86 Georgetown Law Journal 479 (January, 1998) |
C1-5Table of Contents L1-5 L1-4,T4Introduction 480 L1-5 I. L2-4,T4The Charming Betsy Canon 485 a. L3-4,T4origins of the canon 485. b. L3-4,T4subsequent uses and formulations of the canon 488. c. L3-4,T4historical context of the canon's adoption 491. L1-5 II. L2-4,T4Two Common Conceptions of the Canon 495 a. L3-4,T4legislative intent conception 495.... |
1998 |
|
| Chris Weaver and Will Purcell |
THE PRISON INDUSTRIAL COMPLEX: A MODERN JUSTIFICATION FOR AFRICAN ENSLAVEMENT? |
41 Howard Law Journal 349 (Winter 1998) |
The prison population in the United States has been growing at a startling rate over the past twenty years. Between 1975 and 1990, the number of inmates in state and federal prisons increased almost 200 percent. As it stands, the United States currently has the highest rate of incarceration of any industrialized nation in the world. To accommodate... |
1998 |
|
| Curtis A. Bradley |
THE TREATY POWER AND AMERICAN FEDERALISM |
97 Michigan Law Review 390 (November, 1998) |
Introduction. 391 I. Contemporary Significance of the Federalism Issue. 395 A. Changes in Treaty-Making. 396 B. Supreme Court's Renewed Commitment to Federalism. 399 C. Other Examples. 402 1. Human Rights Standards. 402 2. Criminal Law and Punishment. 403 3. Commerce and Trade. 406 4. Environmental Protection. 408 5. Commandeering of State... |
1998 |
|
| Johan D. van der Vyver |
UNIVERSALITY AND RELATIVITY OF HUMAN RIGHTS: AMERICAN RELATIVISM |
4 Buffalo Human Rights Law Review 43 (1998) |
The United Nations Organization was established in 1945 on the basis of faith in fundamental human rights. It furthermore commited itself to promoting universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion. Member States solemnly pledged themselves to... |
1998 |
|
| William A. Schabas |
RESERVATIONS TO THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN AND THE CONVENTION ON THE RIGHTS OF THE CHILD |
3 William & Mary Journal of Women and the Law 79 (Spring, 1997) |
The Universal Declaration of Human Rights, adopted by the United Nations General Assembly on December 10, 1948, constituted a common standard of achievement. The declaration, however, did not set out human rights norms that were binding in law-this was a bold step that the organization's members were unprepared to take at that time. Since 1948,... |
1997 |
Yes |