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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
Abstract
- 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
Since 1993, more than 400 women have been murdered in Ciudad Juárez,
Mexico. Few, if any, of these crimes have been solved, largely because
local Mexican officials have failed to adequately investigate them.
This Article aruges that femicide victims could hold those officials
civilly liable as third parties for these femicides in U.S. federal
courts under the Alien Tort Statute (ATS). Although aiding and abetting
liability is the most common form of third-party liability sought in
ATS cases, several high profile cases have challenged whether it should
exist under the ATS. The author agrees with many courts and scholars
that aiding and abetting liability should be sustained. However, the
author argues that none of the previously proposed standards for aiding
and abetting would reach the Mexican officials. Instead, the author
proposes "acquiescence to torture" as an innovative form of
third-party liability. Acquiescence to torture, as it has been defined
in U.S. non-refoulement cases, would broaden the scope of the ATS to
allow a suit against Mexican officials for their failure to adequately
prevent or investigate the femicides in Ciudad Juárez.
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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