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  • Gerald L. Neuman, Divergent Human Rights Approaches to Capacity and Consent, in, Mental Health, Legal Capacity, and Human Rights (Charlene Sunkel, Faraaz Mahomed, Michael Ashley Stein & Vikram Patel eds., 2021).

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    The institutional dialogue among the Committee on the Rights of Persons with Disabilities and other human rights tribunals has led to greater protection of rights. But not all courts and treaty bodies have accepted the Committee’s absolutist position on legal capacity. The chapter illustrates the multiple human rights-based approaches to capacity and decision-making, and describes how the Committee’s absolutism endangers many of the people living with moderate or severe dementia whom it supposedly benefits.

  • Tess Borden, Gerald L. Neuman, Bonnie Docherty, & Beatrice Lindstrom, In Memoriam: Christof Heyns, Human Rights@Harvard Law (Apr. 5, 2021).

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  • Gerald Neuman, The Supreme Court’s Attack on Habeas Corpus in DHS v. Thuraissigiam (Feb. 6, 2021).

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    The Supreme Court's June 2020 opinion in Department of Homeland Security v. Thuraissigiam unjustifiably reopens settled questions about the Habeas Corpus Suspension Clause of the U.S. Constitution, and endangers everyone -- U.S. citizens and noncitizens alike.

  • Reconsidering the Insular Cases: The Past and Future of the American Empire (Gerald L. Neuman & Tomiko Brown-Nagin eds., Harvard Univ. Press 2015).

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    "Over a century has passed since the United States Supreme Court decided a series of cases, known as the “Insular Cases,” that limited the applicability of constitutional rights in Puerto Rico and other overseas territories and allowed the United States to hold them indefinitely as subordinated possessions without the promise of representation or statehood. Essays in this volume, which originated in a Harvard Law School conference, reconsider the Insular Cases. Leading legal authorities examine the history and legacy of the cases, which are tinged with outdated notions of race and empire, and explore possible solutions for the dilemmas they created. Reconsidering the Insular Cases is particularly timely in light of the latest referendum in Puerto Rico expressing widespread dissatisfaction with its current form of governance, and litigation by American Samoans challenging their unequal citizenship status. This book gives voice to a neglected aspect of U.S. history and constitutional law and provides a rich context for rethinking notions of sovereignty, citizenship, race, and place, as well as the roles of law and politics in shaping them." -- Back cover.

  • Gerald Neuman, The Resilience of Nationality, 101 ASIL Proc. 97 (2007).

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