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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
  1. 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.

  2. Bilateral Agreements and Fair Trade Practices: A Policy Analysis of the Colombia-U.S. Free Trade Agreement (2006) by Kevin J. Fandl
    Abstract

  3. 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
  4. On the Indivisibility of Rights: Truth Commissions, Reparations, and the Right to Development by Lisa J. Laplante
    Abstract | PDF

    Note
  5. 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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