Human Rights and Wrongs in Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law -- A Case Study of Women in United States Prisons

"This Article argues that the judiciary must gather the institutional will to finally assert itself and implement international human rights law. ... Part II of this Article provides an overview and context of the cases of human rights abuses of women in U.S. prisons, setting the stage for later analyses. The background includes a review of historic roots and current developments concerning women prisoners, the U.S. prison system, and recent international human rights investigations. Part III reviews recent legal shifts, both in case law and in legislation, that tend to diminish domestic constitutional law. In some instances domestic protections drop below international norms. Part IV critiques recent court decisions struggling with international human rights incorporation. This Part proposes a new theory of incorporation: the use of domestic civil rights statutes as a potential vehicle for asserting international law claims."