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Volume 10 Contents
There are abstracts and selected full text PDFs of the articles from the
current volume of the Yale Human Rights and Development
Law Journal below. You may need to download Adobe
Reader in order to view the PDFs.
Articles
- Rethinking the Procreative Right by Carter J. Dillard
Few principles are as universally accepted in legal scholarship today,
but based on such scant support, as the fundamental nature and broad
scope of the right to procreate. What is perceived as a vague but nonetheless
justified legal and moral interest to procreate freely wihtout regard
to others is, upon closer examination, based on little more than misconstrued
or inapposite case precedent and blurry statements in non-binding international
law. By relying on this authority, conflating procreation with conceptually
distinguishable behaviors, presuming its intrinsic value, and ignoring
competing rights and duties, lawyers have largely overlooked procreation
and its legal and normative limits.
Interpreting U.S. constitutional and international law sources, and
finally employing Locke's model of natural rights, this Article redefines
the right in law and practice as satiable and narrow, acknowledging
the competing rights and duties that both qualify and justify the right.
It posits that the procreative right, properly stated, includes at least
the act of replacing oneself and at most procreation up to a point that
optimizes the public good.
- Bilateral Agreements and Fair Trade Practices: A Policy Analysis
of the Colombia-U.S. Free Trade Agreement (2006) by Kevin J. Fandl
Abstract
- Liability of Secondary Actors under the Alien Tort Statute: Aiding
and Abetting and Acquiescence to Torture in the Context of the Femicides
of Ciudad Juárez by William Paul Simmons
Abstract
Note from the Field
- On the Indivisibility of Rights: Truth Commissions, Reparations,
and the Right to Development by Lisa J. Laplante
Abstract | PDF
Note
- Development, Reform, and the Rule of Law: Some Prescriptions for a
Common Understanding of the "Rule of Law" and its Place in
Development Theory and Practice by Thom Ringer
Abstract | PDF
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