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Sellers on Universal Human Rights in U.S. Law

By Lawrence Solum

Mortimer Newlin Stead Sellers (University of Baltimore - School of Law) has posted Universal Human Rights in the Law of the United States (American Journal of Comparative Law, Vol. 58, 2010) on SSRN. Here is the abstract:

This article discusses the relationship in United States law between State, Federal and international authorities on universal human rights. All U.S. State constitutions and the Federal Constitution recognize the ?inherent? or ?inalienable? rights of humanity. Yet despite having long accepted the binding force of universal human rights, United States courts and public officials have been hesitant to recognize non-U.S. authorities when identifying, interpreting, or enforcing these rights in practice. The U.S. government and courts view most international treaties and declarations concerning universal human rights as simple restatements of existing constitutional guarantees. United States courts and public officials have generally weighed foreign evidence of the requirements of universal human rights according to the legitimacy, importance, and probative value of the source. The undemocratic and illiberal nature of many international and foreign institutions makes it unlikely that the United States Federal or State legal systems will cede final control over such questions to non-U.S. or multinational authorities at any time in the near future.

I always profit from Sellers's careful work.  Recommended.

Full post as published by Legal Theory Blog on April 13, 2010 (boomark / email).