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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
    Abstract

  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

    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
  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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