| I. |
Introduction:
What
Is
Equality? |
|
A.
|
Law & States
|
|
|
1.
|
Oscar Schachter, "International Law in Theory and
Practice," with
Note, in International Human
Rights
in Context: Law, Politics, Morals 130-135 (Henry Steiner
& Philip Alston, 2d ed. 2000) [pdf] |
|
|
2.
|
Louis Henkin, "International Law: Politics, Values and
Functions," in International
Human
Rights in Context: Law, Politics, Morals 127-130 (Henry
Steiner & Philip Alston, 2d ed. 2000) [pdf] |
|
B.
|
"Claims Relating to a Basic Equality of Opportunity and
Freedom
from
Discrimination," Human
Rights
and World Public Order: The Basic Policies of an International Law of
Human Dignity 561-568 (Myres McDougal et al. 1980) [pdf] |
|
|
|
|
|
|
| II. |
Race,
Ethnicity & Religion |
|
A. |
State Law, Policy and
Custom: Prescribing or Sanctioning Discriminatory Treatment of
Its Own Citizens, Its Indigenous Populations, or Aliens |
|
|
1. |
Slavery |
|
|
|
(a) |
Colonial
America: Slaves, Half-Free
Slaves & Indentured Servants |
|
|
|
|
(i)
|
Charleston
Non-Importation Agreement, July 22, 1769 (The Avalon
Project at Yale Law School) [pdf] |
|
|
|
(b)
|
"Race, the
Constitution, and Changing
Conceptions of Slavery
(Slavery and the Constitution)," in Constitutional Law
447-450 (Stone et al. 2005) [pdf] |
|
|
|
(c) |
Slavery's Unique
Treatment of Women and
Children |
|
|
|
(d) |
People or
Property?: Dred
Scott v. Sandford, 60 U.S. 393 (1857) [pdf] |
|
|
|
(e) |
International
Documents |
|
|
|
|
(i)
|
Supplementary Convention on the Abolition of Slavery, the
Slave
Trade, and Institutions and Practices Similar to Slavery (1956) [pdf] |
|
|
2. |
Race |
|
|
|
(a)
|
"Claims Relating to Racial Discrimination," in Human Rights
and World Public Order: The Basic Policies of an International Law of
Human Dignity 569-611 (Myres McDougal et al. 1980) [pdf] |
|
|
|
|
(i)
|
International
Convention on the Elimination of All Forms of
Racial Discrimination [pdf] |
|
|
|
(b) |
United States |
|
|
|
|
(i) |
Winston Nagan, "Reflections on Racism and World
Order," 14 Fla.
J. Law & Publ. Pol'y 1 (2002) [pdf] |
|
|
|
|
(ii)
|
Rosewood: A Local
Legacy
-- "Remembering Rosewood" with "A
Chronology of Events" and Survivor quotes & information [pdf] |
|
|
|
|
(iii)
|
Plessy v. Ferguson,
163
U.S. 537 (1896), with Note: 'Separate but Equal', in Constitutional Law
464-469 (Stone et al. 2005) [pdf] |
|
|
|
|
(iv) |
Syphillis Cases
|
|
|
|
(c) |
South Africa:
Apartheid &
Beyond |
|
|
|
|
(i)
|
"The Elimination of Apartheid,"
in Human Rights
and World Public Order: The Basic Policies of an International Law of
Human Dignity 521-560 (Myres McDougal et al. 1980) [pdf] |
|
|
|
|
(ii) |
International Convention on the Suppression and Punishment of
the
Crime of Apartheid (1973) [pdf] |
|
|
|
|
(iii)
|
David Miller, "The
Great Trek to Human Rights: The Role of Comparative Law in the
Development of Human Rights in Post-Reform South Africa," in Judicial Comparativism in Human
Rights Cases 201-227 (Esin Orucu ed. 2003) [pdf]
|
|
|
3. |
Minorities,
Ethnic & Religious Groups, Anti-Semitism
& the
Holocaust |
|
|
|
(a) |
Overview |
|
|
|
|
(i)
|
Winston Nagan, "Dean Kronman's Diversity Narrative: Liberal
Educational Ideology versus Social Justice? (Dunwody Commentary)," 52
Fla. L. Rev. 897 (2000) [pdf] |
|
|
|
|
(ii)
|
Winston Nagan & Vivile Rodin, "Racism, Genocide, and Mass
Murder: Toward a Legal Theory about Group Deprivations," 17 Nat'l Black
L.J. 133 (2004) [pdf] |
|
|
|
(b) |
Nazi Race Laws |
|
|
|
|
(i)
|
The Stroop
Report: "The Warsaw Ghetto Is No More," Doc.
1061-PS (The Avalon Project at Yale Law School) [pdf] |
|
|
|
|
(ii)
|
Justice Jackson's
Report to the President on Atrocities and War
Crimes, June 7, 1945 (The Avalon Project at Yale Law School) [pdf] |
|
|
|
|
(iii) |
Nuremberg Code (The
Avalon Project at Yale Law School) [pdf] |
|
|
|
|
(iv)
|
Nazi Documents,
various (The Avalon Project at Yale Law School) [pdf]
|
|
|
|
(c) |
Wannsee
Conference: Planning the
Final Solution |
|
|
|
|
(i) |
Wannsee Protocol (Jan. 20, 1942) [pdf] |
|
|
|
|
(ii)
|
"20 January
1942: The Wannsee Conference," in The Holocaust: A History of the
Jews in Europe during the Second World War 280-293 (Martin
Gilbert 1985) [pdf]
|
|
|
|
|
(iii)
|
"'Journey Into the
Unknown'," in The Holocaust:
A History of the Jews in Europe during the Second World War
294-328 (Martin Gilbert 1985) [pdf]
|
|
|
|
(d)
|
Declaration on
the Rights of Persons
Belonging to National or
Ethnic, Religious and Linguistic Minorities, UN Doc. A/RES/47/135
(adopted Dec. 18, 1992) [pdf] |
|
|
|
(e)
|
Caroline Hsu, "A Hero Amid Horror: This Japanese
Diplomat Saved Thousands of Jews," U.S. News & World Report, p. 72
(May 9, 2005) [pdf]
|
|
|
|
(f) |
Rwanda |
|
|
|
(g)
|
"Protocols Revisited: 'Dismantling
the Big Lie - The Protocols of the Elders of Zion'," 24(2)
Response 5 (Summer 2003) [pdf] |
|
|
|
(h)
|
"Europe: An Intolerable Climate of Hate," 23(2) Response 2
(Summer 2002) [pdf] |
|
|
|
(i)
|
"Antisemitism Still a Staple of Russian Landscape," 23(1)
Response 15 (Spring 2002) [pdf] |
|
|
4. |
Colonialism
& Indigenous Peoples: A
Lesson in Inequality & Genocide |
|
|
|
(a)
|
Draft Declaration on the Rights of Indigenous Peoples [pdf] |
|
|
|
(b) |
Native
Americans: Take Up the White
Man's Burden |
|
|
|
|
(i)
|
Gratz v. Bollinger,
539
U.S. 244 (2003), with Note: 'The
"Special" Case of Indigenous People', in Constitutional Law 608-615
(Stone et al. 2005) [pdf] |
|
|
|
(c) |
Africa: South
Africa |
|
|
|
(d) |
South America:
Chile |
|
|
|
(e) |
Central America:
El Salvador |
|
|
5. |
Religion |
|
|
|
(a)
|
Declaration on
the Elimination of All
Forms of Intolerance and of
Discrimination Based on Religion or Belief, UN Doc. A/36/684 (adopted
Nov. 25, 1981) [pdf] |
|
|
6. |
State Sponsored
Terror |
|
|
|
(a) |
The Disappeared:
Argentina, Chile
& El Salvador: The Role of State Sponsored or Encouraged
Military & Paramilitary Issues |
|
|
|
|
(i)
|
Declaration on the Protection of All Persons from Enforced
Disappearances, UN Doc. A/RES/47/133 (adopted Dec. 16, 1992), 32 I.L.M.
903 (1993) [pdf] |
|
|
|
(b)
|
Torture
|
|
|
|
|
(i)
|
Convention Against
Torture and Other Cruel, Inhumane or
Degrading
Treatment or Punishment [pdf] |
|
|
|
|
(ii)
|
Oona Hathaway, "The
Promise and Limits of the International Law of Torture," with Notes
& Comments, in Foundations
of International Law and Politics 228-242 (Oona Hathaway &
Harold Koh, 2005) [pdf]
|
|
|
|
|
|
|
|
B. |
State Law Proscribing
Discriminatory Treatment of Its Own Citizens |
|
|
1.
|
"Equal
Protection Methodology: Heightened Scrutiny
and the
Problem
of Race (The Origins and Rationale for Heightened Scrutiny in
Race-Specific Classifications that Disadvantage Racial
Minorities)": Strauder v. W.
Virginia, 100 U.S. (10 Otto) 303
(1880); Korematsu v. U.S.
(323 U.S. 214 (1944); Loving v.
Virginia, 388
U.S. 1 (1967); with Notes: 'Doctrinal Evolution in the Scrutiny
Applied to Racial Classifications', 'Justifications for Strict Scrutiny
of Racial Classifications', and 'The Structure of Strict Scrutiny', in Constitutional Law
523-544 (Stone et al. 2005) [pdf] |
|
|
2.
|
Brown v. Board
of Education of
Topeka (Brown II), 347 U.S. 483
(1954), with Note: 'Justifications and Explanations for Brown'; 349 U.S. 294 (1955), with
Note: 'All Deliberate Speed'; and Fulfilling Brown's Promise, with
Note: 'The Initial Response to Brown',
in Constitutional Law
473-488 (Stone et al. 2005) [pdf] |
|
|
3. |
Affirmative
Action: |
|
|
|
(a) |
Grutter v. Bollinger,
123 S.Ct. 2325, 539 U.S. 306 (2003) [pdf]
(Univ. of Michigan Law School) |
|
|
4. |
Protecting
Minorities: |
|
|
|
(a)
|
S.R.
Bommai v. Union of India,
Supreme Court (India), (1994) 2
S.C.R.
644, in Constitutional Law
409-413 (Stone et al. 2005) [pdf] |
|
|
|
(b)
|
Election Cases
|
|
|
|
|
(i)
|
Elections in New
Caledonia,
Constitutional Council (France),
85-196 DC
of 8 August 1985, in Comparative
Constitutionalism: Cases
and Materials 712-713 (Norman Dorsen et
al. 2003) [pdf] |
|
|
|
|
(ii)
|
Teh
Cheng Poh v. Public
Prosecutor, Privy Council (Malaysia),
[1980]
A.C. 458, with Notes & Questions, in Constitutional Law 334-337
(Stone et al. 2005) [pdf] |
|
|
|
|
(iii)
|
Bush v. Gore,
531 U.S.
98 (2000), in Constitutional
Law 713-719 (Stone et al. 2005) [pdf] |
|
|
|
(c)
|
'Education': Numerus
Clausus I Case, Federal Constitutional
Court
(Germany), 33 BVerfGE 303 (1972), in Constitutional Law 719-721
(Stone et al. 2005) [pdf] |
|
|
|
(d) |
'Access to
Justice', in Constitutional
Law 721-722
(Stone et al. 2005) [pdf] |
|
|
|
(e) |
'Equality and
Other Constitutional Rights,' with
Notes &
Questions,
in Constitutional Law
722-724 (Stone et al. 2005) [pdf] |
|
C. |
War: A New Set of
Rules? |
|
|
1. |
Declaration on
the Right of Peoples to Peace, UN Doc.
A/39/11
(adopted Nov. 12, 1984) [pdf] |
|
|
2. |
Japanese
Internment: Korematsu v. U.S.
(see II.B.1
above) |
|
|
|
|
|
|
| III. |
Sex,
Family and Sexual Orientation |
|
A. |
Sex & Family |
|
|
1. |
Loving v. Virginia
(see II.B.1
above) |
|
|
2. |
Nazi Statutes
Forbidding Inter-Marriage (see
II.A.3.b.iv above)
|
|
|
3.
|
Griswold v.
Connecticut,
381 U.S. 479 (1965), with Notes &
Questions; and section "The Right to Bodily Self-Determination", in Comparative Constitutionalism:
Cases and Materials 521-527 (Norman Dorsen et al. 2003) [pdf] |
|
|
4. |
Children |
|
|
|
(a) |
Convention on
the Rights of the Child
(1989) [pdf] |
|
|
|
(b)
|
Barbara Woodhouse, "Recognizing Children's Rights:
Lessons from South Africa," 26-SPG Hum. Rts. 15 (1999) [pdf]
|
|
B. |
Sexual Orientation |
|
|
1. |
Nazi Persecution
of Homosexuals: Paragraph 175 (German Penal Code, 1871) &
film by same name [pdf]
|
|
|
2. |
U.S.: Sexual
Orientation |
|
|
|
(a)
|
"Equal
Protection Methodology: The Problem
of Sexual
Orientation,"
with Note: 'The Nature of the Class at Issue'; Romer v. Evans, 517 U.S.
620 (1996), with Notes: 'The Meaning of Romer', 'More Targeted Laws
Discriminating on the Basis of Sexual Orientation', 'Strict Scrutiny
for Discrimination Based on Sexual Orientation?', in Constitutional Law
666-688 (Stone et al. 2005) [pdf] |
|
|
|
(b) |
Sodomy Laws |
|
|
|
(c)
|
Latest Cases
|
|
|
|
|
(i)
|
Bowers v. Hardwick, 478
U.S. 186 (1986), in International
Human Rights in Context: Law, Politics, Morals 818-822
(Henry Steiner & Philip Alston, 2d ed. 2000) [pdf] |
|
|
|
|
(ii)
|
Lawrence
v. Texas, 539
U.S. 558 (2003), with Note:
'Homosexuality, Sexual Liberty, and Substantive Due Process', in Constitutional Law
935-949 (Stone et al. 2005) [pdf] |
|
|
|
(d)
|
Catherine Smith, "What First Amendment? Alabama
State Rep. Gerald Allen is no lawyer. But he must know that his
proposed ban on pro-gray books is unconstitutional," Intelligence
Report, Iss. 117, p. 74 (Spring 2005) [pdf]
|
|
|
3. |
AIDS |
|
|
4.
|
Homosexuality |
|
|
|
(a)
|
Dudgeon v. U.K.,
45 E.C.H.R. (ser. A) (1982), with Notes & Questions, in International Human Rights: Law,
Policy and Process 470-476 (Frank Newman & David Weissbrodt,
1996) [pdf]
|
|
|
|
|
|
|
| IV. |
Gender
Discrimination |
|
A.
|
"The Outlawing of Sex-Based Discrimination," in Human Rights
and World Public Order: The Basic Policies of an International Law of
Human Dignity 612-650 (Myres McDougal et al. 1980) [pdf] |
|
|
1.
|
V. Spike Peterson & Laura Parisi, "Are Women
Human?
It's Not an Academic Question," in Human Rights Fifty Years On:
A Reappraisal 132-160 (Tony Evans ed., 1998) [pdf] |
|
|
2.
|
"Comment on Women's Social and Economic Conditions";
Amartya Sen,
"More than 100 Million Women Are Missing," with Note; Amnesty
International, "Rape and Sexual Abuse: Torture and Ill Treatment of
Women in Detention"; and Americas Watch, "Criminal Injustice: Violence
Against Women in Brazil," in International
Human Rights in Context: Law, Politics, Morals 163-73
(Henry Steiner & Philip Alston, 2d ed. 2000) [pdf] |
|
|
3.
|
Phyllis Coven, INS, "Memorandum: Considerations for Asylum
Officers Adjudicating Asylum Claims from Women 1-19 (1995)", with Notes
& Questions, in International
Human Rights: Law, Policy and Process 658-666 (Frank Newman
& David Weissbrodt, 1996) [pdf] |
|
B. |
International Cases
& Documents |
|
|
1. |
Convention on
the Political Rights of Women (1952) [pdf] |
|
|
2. |
Convention on
the Elimination of All Forms of
Discrimination
against Women (1979) [pdf] |
|
|
3. |
Sheffield and Horsham
v. UK,
ECHR, 27 E.H.R.R. 163 (1998), in Constitutional Law 576-579
(Stone et al. 2005) [pdf] |
|
|
4.
|
"Women's Rights and CEDAW" and "Comment on Protection of
Women
Under Conventions Prior to CEDAW," in International
Human Rights in Context: Law, Politics, Morals 158-159,
176 (Henry Steiner & Philip Alston, 2d ed. 2000) [pdf] |
|
C. |
Suffrage
for Women |
|
D. |
Western Women |
|
|
1.
|
Note: 'From Reed
to Craig v. Boren - Evolution
and Doctrinal Confusion'; Craig v.
Boren, 429 U.S. 190 (1976), with
Note: 'Heightened Scrutiny for Gender Classifications?'; Archiac and
Overbroad Generalizations versus "Real" Differences; United States v. Virginia, 518 U.S.
515 (1996), with Note: '"Real
Differences" and
Formal Equality'; Nguyen v. INS,
533 U.S. 53 (2001), with Note: 'The
Relevance of "Real Differences"'; Califano
v. Goldfarb, 430 U.S. 199
(1977); Califano v. Webster,
430 U.S. 313 (1977), with Note: 'The
Problem of "Benign" Gender Classifications'; The Irrelevant
Constitution?, with Note: 'The Current Relevance of Constitutional
Law', in Constitutional Law
626-665 (Stone et al. 2005) [pdf] |
|
|
2.
|
Roe v. Wade, 410
U.S. 113 (1973) [pdf]
|
|
|
3.
|
"The Baby Boy
Opinion,"
with Notes & Questions, in International Human Rights: Law,
Policy and Process 426-436 (Frank Newman & David Weissbrodt,
1996) [pdf] |
|
|
4.
|
Lustration Case,
Constitutional Court (Hungary), Decision 60/1994
(XII.22) AB hat., in Comparative
Constitutionalism: Cases and Materials 584-588
(Norman Dorsen et
al. 2003) [pdf] |
|
|
5.
|
"Sociocultural
Factors: (1) Group Identify and
Scapegoating, with Philip Mayer, Witches,
and Robert Lifton, Genocide, and Notes and Questions; (2) Change,
Uncertainty, and Political Manipulation, with J.R. Crawford, Witchcraft and Sorcery in Rhodesia,
Joyce Bednarski, The Salem
Witch-Scare Viewed Sociologically, and A. Rebecca Cardozo, A Modern American Witch-Craze, with
Questions," in International
Human Rights: Law, Policy, and Process 1017-1026 (David
Weissbrodt et al. 2001) [pdf] |
|
E. |
Worksite Cases: [PENDING]
Women Denied Jobs that Put Pregnant Women
at Risk |
|
F.
|
U.S. v. Virginia,
518 U.S. 515 (1996) [pdf] (see also Section D.1 above)
|
|
G. |
Minister of
Finance v. Van
Heerden, CCT 63/03,
Constitutional
Court of South Africa, Judgment [pdf] |
|
H. |
Female Circumcision |
|
|
1. |
Gregory Kelson,
"Female Circumcision in the Modern Age,"
4
Buffalo Hum. Rts. L. Rev. 185 (1998) [pdf] |
|
I. |
African Women |
|
|
1.
|
Corinne Packer,
"African Women, Traditions, and Human
Rights: A
Critical Analysis of Contemporary 'Universal' Discourses and
Approaches," in Human Rights
and Diversity: Area Studies Revisited 159-181 (David Forsythe
& Patrice McMahon 2003) [pdf] |
|
|
2.
|
President of the
Republic of
South Africa v. Hugo, Constitutional
Court
(South Africa), 1997 (4) SA 1 (CC), in Comparative Constitutionalism:
Cases and Materials 687-693 (Norman Dorsen et al. 2003) [pdf] |
|
J. |
Muslim Women |
|
|
|
|
|
|
| V. |
Age
Discrimination |
|
A.
|
David Newman, "Breakthrough: A Landmark Supreme
Court decision is being hailed as 'the Emancipation Proclamation for
older workers'," AARP Bulletin, Vol. 46(5), pp. 10-12 (May 2005)
(re: Smith v. City of Jackson,
Miss.) [pdf]
|
|
|
|
|
|
|
| VI. |
Discrimination
Against the Mentally & Physically
Infirm |
|
A. |
Nazi Doctors: The
Path Is Laid for the Final Solution |
|
B. |
U.S. Sterilization
Cases |
|
|
|
|
|
|
| VII. |
Poverty:
Disparate Legal Treatment for the
Have's & Have Not's |
|
A. |
Declaration on the Right
to Development, UN Doc. A/RES/41/128
(adopted Dec. 4, 1986) [pdf] |
|
B.
|
Universal Declaration on the Eradication of Hunger and
Malnutrition [pdf] |
|
C.
|
International Covenant on Economic, Social, and Cultural
Rights [pdf] |
|
|
|
|
|
|
| VIII. |
International
Legal Instruments: Declarations,
Conventions & Treaties |
|
A. |
The World's Response
to
the Holocaust |
|
|
1. |
Universal
Declaration of Human Rights [pdf] |
|
B.
|
"Human Rights in International Law": (1) The UN
& Int'l Human
Rights Law, (2) Other Worldwide Treaties & Instruments, (3)
Customary Int'l Law, (4) Regional Organizations & Law-Making, (5)
Domestic Implementation of Human Rights; "Conclusion" with Notes &
Questions,in International
Human Rights: Law, Policy and Process 13-25 (Frank Newman &
David Weissbrodt, 1996) [pdf] |
|
C.
|
"United Nations: Human Rights Bodies," in International Human Rights: Law,
Policy and Process n.p. (Frank Newman & David Weissbrodt,
1996) [pdf]
|
|
|
|
|
|
|
| IX. |
Resolution
& Remedy |
|
A.
|
"Massive Human Rights Tragedies: Prosecutions and
Truth
Commissions," in International
Human
Rights in Context: Law, Politics, Morals 1131-1140 (Henry
Steiner & Philip Alston, 2d ed. 2000) [pdf] |
|
B.
|
Using Rights to Measure Wrongs
|
|
|
1.
|
Fiona Ross,
"Using
Rights to Measure Wrongs," in Human
Rights in Global
Perspective: Anthropological Studies of Rights, Claims and
Entitlements 163-182 (Richard Wilson & Jon Mitchell
2003) [pdf] |
|
|
2.
|
"National Prosecutions, Amnesties and Truth Commissions,"
in Human Rights
629-664 (Louis Henkin et al. 1999) [pdf] |
|
|
3.
|
Winston Nagan, "Transitional Justice: The Moral
Foundations of
Trials and Commissions in Social and Political Transformation,"
International Symposium: Justice in Transition -- Prosecution and
Amnesty in Germany and South Africa, Humboldt-Universitat Zu Berlin
(April 6-9, 2005) [pdf] |
|
|
4.
|
"Universal Jurisdiction:
Questions & Answers," Amnesty
International USA: Legal Support Network Newsletter, Winter 2002 [pdf] |
|
C. |
State Action |
|
|
1. |
State Action:
Retribution & Criminal
Prosecution |
|
|
|
(a) |
Death Penalty |
|
|
|
(b)
|
'Death Penalty
and Life
Imprisonment': Gregg v. Georgia,
428 U.S. 153 (1976); S. v.
Makwanyane & Another, Constitutional Court (South Africa),
1995 (3) SALR 391 (CC); and Notes &
Questions; R. v. Latimer,
Supreme Court (Canada), [2001] 1 S.C.R. 3; Life Imprisonment Case,
Federal Constitutional Court (Germany), 45
BVerfGE 187 (1997), with Notes & Questions, in Constitutional Law 497-519
(Stone et al. 2005) [pdf] |
|
|
2. |
State Action:
Decreed Restitution & Reparations |
|
|
|
(a) |
Germany |
|
|
|
(b) |
Hungary |
|
|
|
|
(i)
|
"Denunciation:
'The Disease of Our Times'," in National Cleansing: Retribution
Against Nazi Collaborators in Postwar Czechoslovakia 142-185
(Benjamin Frommer 2005) [pdf]
|
|
|
|
(c) |
Israel: The
Eichman Case
|
|
|
|
(d) |
Swiss Banks:
Stolen Funds |
|
|
3. |
Reconciliation
Commissions |
|
|
|
(a)
|
Alan Stone, "Truth, Memory & Reconciliation," and
Susan Suleiman, "Remembering and Forgetting the Holocaust," with
Questions & Comments, in Human
Rights at Harvard: Interdisciplinary
Faculty Perspectives on the Human Rights Movement 44-62
(Harvard
Univ. Cmte. on Human Rights Studies 1999) [pdf]
|
|
|
|
(b)
|
Hon. Abdullah Omar, "Truth and Reconciliation in South
Africa: Accounting for the Past," 4 Buffalo Hum. Rts. L. Rev. 5
(1998) [pdf]
|
|
|
|
(c)
|
Shadrack Gutto, "Beyond Justiciability: Challenges of
Implementing/Enforcing Socio-Economic Rights in South Africa," 4
Buffalo Hum. Rts. L. Rev. 79 (1998) [pdf]
|
|
D. |
Private Action |
|
|
1. |
Civil Prosecution |
|
|
|
(a) |
Alien Tort
Claims Act, 28 U.S.C. § 1350 [pdf] |
|
|
|
(b) |
Torture Victim
Protection Act, Pub. L. 102-0256,
106 Stat. 73 [pdf] |
|
|
2. |
Private
Retribution: Murder of French Collaborators |
|
E. |
International Action |
|
|
1. |
Nuremberg Trials |
|
|
|
(a)
|
"Judgment at Nuremberg," in International
Human Rights in Context: Law, Politics, Morals 112-126
(Henry Steiner & Philip Alston, 2d ed. 2000) [pdf] |
|
|
2.
|
International Courts
|
|
|
|
(a)
|
"Remedial Powers of the Court," in Human Rights 538 (Louis
Henkin et al. 1999) [pdf] |
|
|
|
(b)
|
"Contemporary International Tribunals": Prosecutor v. Dusko Tadic, Case No.
IT-94-1-T (trial, 1995) and IT-94-1-AR72 (appeals, 1995), in Human Rights 619-629 (Louis
Henkin et al. 1999) [pdf] |
|
|
|
(c)
|
"Implementation by International Adjudication: The
International Court of Justice," in Human Rights 665-684 (Louis
Henkin et al. 1999) [pdf] |
|
|
|
(d)
|
"International Political Implementation and Enforcement --
The United Nations," in Human
Rights 684-685 (Louis Henkin et al. 1999) [pdf] |
|
|
3. |
Restitution of
Jewish Property: Swiss Bank
Accounts, Confiscated Art & Real Property |
|
|
4. |
International
Documents |
|
|
|
(a) |
Statute of the
International Criminal
Tribunal for the Former
Yugoslavia (1993) [pdf] |
|
|
|
(b) |
Statute of the
International Tribunal for
Rwanda (1994) [pdf] |
|
|
|
(c) |
Rome Statute of
the International Criminal
Court (1998) [pdf] |