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Articles 1 - 30 of 42
Full-Text Articles in Entire DC Network
Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu
Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu
William & Mary Journal of Race, Gender, and Social Justice
Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …
Welcome To Texas: Home Of The Most Extreme Abortion Ban In The United States, Generating Vast Child Welfare Disparities, Bailey Harvey
Welcome To Texas: Home Of The Most Extreme Abortion Ban In The United States, Generating Vast Child Welfare Disparities, Bailey Harvey
The Scholar: St. Mary's Law Review on Race and Social Justice
This comment uncovers the harsh trickling effects of overturning Roe v. Wade through focusing on the statistical nexus between the Texas’ foster care system, the victims of system cycling, and the criminal justice system. We are witnesses to watching the Court in 1973 from first balancing State’s interest and women’s fundamental rights to having the subject be a topic of the political battlefield.
Examining precedent and the reasoning behind the United States Supreme Court’s decision is a science, and the statistics continue to prove Texas’ child welfare systems are failing the children of America. Juvenile delinquency directly correlates with low …
Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky
Redressing The Eurocentric Approach Of The Court Of Arbitration For Sports To Human Rights Law, Ariel Dulitzky
Marquette Sports Law Review
No abstract provided.
Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla
Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla
Refugee Law & Migration Studies Brief
No abstract provided.
Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell
Toxic Love: Mandating Standards In Arkansas’S Domestic Violence Laws, Alia B. Reddell
Arkansas Law Review
This Comment addresses the current scheme of domestic violence statutes, highlighting the inadequate state of domestic violence remedies and the ineffective law enforcement guidelines currently in place; it argues that the Arkansas State Legislature is in need of reforming its domestic violence policies. This recommendation is three-fold and proposes that Arkansas should abandon its current discretionary regime and adopt: (1) mandatory arrest policies; (2) statutory post-arrest procedures; and (3) mandatory
Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab
Justice For Crimes Bigger Than Borders: The Product Of The Extradition Of Pinochet, Lauren Schwab
Immigration and Human Rights Law Review
Universal jurisdiction is a tool that allows States to prosecute perpetrators of heinous crimes, even when the crimes are seemingly unrelated to the prosecuting country. While the principles of universal jurisdiction are not a new concept, the frequency at which universal jurisdiction is used has rapidly increased. The explanation for this explosion in the use of universal jurisdiction is a direct product of the extradition of Chilean dictator Augusto Pinochet to Spain for war crimes and genocide. While Pinochet’s case ended long ago, the impact it left on the international legal community will live on for decades to come. This …
The Legality Of Liberation: Exploring The Right To Organized Armed Resistance Against The U.S. State By Afro-Descendants Under International Human Rights Law, Laura Molik
Northwestern Law Journal des Refusés
No abstract provided.
Exploring Possibility Under Constraint: A Human Rights Approach To Higher Education In Connecticut’S Prisons And Jails, Emma Hersom
Senior Theses and Projects
This thesis investigates the landscape of higher education in prison (HEP) programs in Connecticut, aiming to evaluate their efficacy in ensuring a genuine right to education for incarcerated individuals. Through a comprehensive exploration grounded in human rights principles and informed by abolitionist perspectives, the research scrutinizes the availability, accessibility, acceptability, and adaptability of these programs. Drawing on insights from incarcerated students, program leaders, and existing scholarship, it delves into the intersection of education and incarceration, challenging prevailing neoliberal narratives. Furthermore, the thesis proposes actionable strategies for everyday abolition, emphasizing the need to dismantle carceral cultures and foster transformative approaches to …
In Conversation About The U.S. Holocaust Memorial Museum’S New Mass Atrocity Prevention Training, Tatiana Varanko, Ann O’Rourke
In Conversation About The U.S. Holocaust Memorial Museum’S New Mass Atrocity Prevention Training, Tatiana Varanko, Ann O’Rourke
Judicature International
No abstract provided.
A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick
A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick
Senior Theses and Projects
This thesis delves into the multifaceted debate surrounding the death penalty in the United States, exploring its constitutionality, morality, and implications for the justice system. Drawing from legal, philosophical, and empirical analyses, it argues against the continued practice of capital punishment, contending that it violates fundamental human rights, inhibits rehabilitation efforts, and fails to align with evolving societal norms. The discussion navigates through historical contexts, international perspectives, and philosophical theories of punishment, examining the right to life, methods of punishment, and evolving standards of decency. It underscores the tension between retributive justice and the protection of human rights, highlighting the …
With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University
With Pride: Lgbtq+ Rights & Advocacy In Legal Education Summit, Center For Civil & Human Rights, School Of Law, Gonzaga University
Gonzaga School of Law With Pride Summit
Event program for the 2024 With Pride Summit held by the Center for Civil & Human Rights at Gonzaga Law.
The program includes the summit schedule and bios for panelists and moderators, including the keynote speaker, Kellye Testy. Featured speakers include:
- Luke Boso
- Stewart Chang
- Ashlyn Hannus
- Sarah Harmon
- Heather L. Johnson
- Courtney Joslin
- Sheldon Lyke
- Dallas Martinez
- Ikál Nico Quintana
- Brad Sears
- Sarah Steadman
- Kyle Velte
- Danaya C. Wright
- Mary Yu
Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie
Of Race, Racism And Racially Motivated Offences: A Review Of The Hate Crime And Public Order (Scotland) Act 2021, Olufemi O. Ilesanmi, Danielle Mckandie
Class, Race and Corporate Power
A relationship of social and legal significance seems to exist between the prohibition of expressions or manifestations of racism and the society’s preservation of racial diversity. To discourage racial prejudice and thereby protect each race, the state must manage its diversity well by legislating against racist hate offences. In Scotland, for example, the government boldly accepted that hate crimes, including racially motivated offences, are a serious problem requiring closer attention. Through its Hate Crime and Public Order (Scotland) Act 2021, the state resolves to tackle related criminality.
Focusing on the Act, this review examines whether or how race within the …
Slavery.Ai, Emile Loza De Siles
Slavery.Ai, Emile Loza De Siles
Washington and Lee Journal of Civil Rights and Social Justice
The artificial intelligence market is swarming. Supercharged start-ups, global tech giants, and increasingly algorithmic governments target diverse use cases with new and stunningly innovative AI applications coming online every day. Where people are the computational subjects of those algorithmic machinations, however, there is no law, present or effective, to protect them against great and propagating harms. Consequently, people become data production units, the commoditized of the Data Industrial Complex and unfree, unpaid inputs to AI production.
This Article shares a new and provocative vision. It theorizes that unregulated AI systems and uses are giving rise to an emergent form of …
Reflections Of A Non-Abolitionist Admirer Of The Police Abolition Movement, Corey Stoughton
Reflections Of A Non-Abolitionist Admirer Of The Police Abolition Movement, Corey Stoughton
Washington and Lee Journal of Civil Rights and Social Justice
To acknowledge that the abolition movement made reform better is not to reduce the movement to that purpose. For the non-abolitionist, the end of reform is better policing. For the abolitionist, reform is at best “a strategy or tactic toward transformation,” meaning contesting and ultimately eliminating policing. These are not compatible visions. But even if the collaboration between holders of these visions is just a tactical alliance, it is a tactical alliance that is producing good results. Perhaps those good results will lay a foundation for abolition, or perhaps they will seed in abolitionists’ fertile imaginations a positive vision of …
Skirting The Fourth Amendment: How Law Enforcement Agencies Abuse Technology And Constitutional Exceptions To Surveille The Public, Matthew Lloyd
Skirting The Fourth Amendment: How Law Enforcement Agencies Abuse Technology And Constitutional Exceptions To Surveille The Public, Matthew Lloyd
Washington and Lee Journal of Civil Rights and Social Justice
Existing Fourth Amendment law does not protect against law enforcement use of data gathered through the internet either by private companies who actively search their customer’s data and submit evidence of misconduct to law enforcement or from private companies who acquire the data on behalf of law enforcement. In an effort to pursue criminals, courts have permitted Fourth Amendment jurisprudence to develop in a manner that permits sweeping invasions of privacy without any probable cause through the private search doctrine or without any procedural protections through the third-party doctrine. It will require substantial judicial or legislative action to return the …
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman
The Scholar: St. Mary's Law Review on Race and Social Justice
Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.
Consequently, the legal profession must …
Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners
Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners
Marquette Benefits and Social Welfare Law Review
With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.
This comment compares State responses, exemplified by Washington, California, …
Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell
Villanova Environmental Law Journal
No abstract provided.
The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert
The United States Must Reform Its Laws To Eradicate Female Genital Mutilation, Kelly Schweikert
Immigration and Human Rights Law Review
No abstract provided.
The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee
The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee
Immigration and Human Rights Law Review
The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …
False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton
False Promises Of Protection: Town Of Castle Rock V. Gonzales And The Supreme Court’S Failure To Protect Human Rights, Kylie Rhoton
Immigration and Human Rights Law Review
No abstract provided.
287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers
287(G): Ice Deputizing Local Law Enforcement Harms Migrants And Local Communities, Charles Powers
Immigration and Human Rights Law Review
Section 287(g) of the Immigration and Nationality Act authorizes the United States Immigration and Customs Enforcement (ICE) to form agreements with local law enforcement departments; deputizing them for ICE’s objectives while they continue to serve their local municipalities. This program has resulted in racial profiling, the stripping of liberties, and wrongful detentions. In recent years, municipalities have signed 287(g) agreements at a staggering rate. The UN Committee on the Elimination of Racial Discrimination issued a report pleading for the US to end this practice, yet there seems to be no end in sight. In this essay, I hope to explain …
The Implementation Of Law Enforcement In Combating Terrorist Financing In Indonesia, Nova Vincentia Pati, Emma Valentina Senewe, Merry Elisabeth Kalalo, Caecilia Johanna Waha, Theodorus Hw Lumunon
The Implementation Of Law Enforcement In Combating Terrorist Financing In Indonesia, Nova Vincentia Pati, Emma Valentina Senewe, Merry Elisabeth Kalalo, Caecilia Johanna Waha, Theodorus Hw Lumunon
Indonesian Journal of International Law
Law enforcement in Indonesia terrorism has encountered enormous difficulties when it comes to combating terrorist financing. In contrast, the terrorists who have been imprisoned found that the punishment given by the judge in the court and the deradicalization programs offered by BNPT, the National Counter Terrorism Agency, does not deter them from recidivism. Our research question is whether or not the implementation of law enforcement in combating terrorist financing in Indonesia has deterred terrorists from re-offending. The methodology used in this research is a qualitative method that employs two case studies through in-depth interviews to determine whether or not the …
Energy Justice And Renewable Rikers, Rebecca Bratspies
Energy Justice And Renewable Rikers, Rebecca Bratspies
University of Miami Law Review
Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …
The Case For Second Chances: A Pathway To Decarceration In Maine, Catherine Besteman, Leo Hylton
The Case For Second Chances: A Pathway To Decarceration In Maine, Catherine Besteman, Leo Hylton
Maine Law Review
The Article argues that Maine incarcerates too many people, for too long, for too many things, at too great of an expense. We offer evidence to support this claim, briefly review some of the criminal legal legislation that shaped our present reality, and show how recent efforts at reform have been, at best, only modestly successful. In concert with a growing number of expert voices across the country calling for strategies of decarceration, our goal is to demonstrate the need for second chance legislation in Maine in the form of the reinstatement of parole, an effective clemency process, a far-reaching …
Global Criminal Justice Practices And Public Safety, Rachel Hwang
Global Criminal Justice Practices And Public Safety, Rachel Hwang
Posters-at-the-Capitol
Popular political discourse in the U.S. assumes that more funding for law enforcement and prison facilities will make civilians safer, presumably by reducing crime and sense of disorder. However, studies have shown that the relationship between these factors may not be as straightforward. With the killing of George Floyd and increased media coverage of police brutality, existing literature focuses mainly on the relationship between police and crime in the U.S. The impact of incarceration (the result of procedural justice) on the community (for whom procedural justice exists) is less known, especially on a global scale. We argue that cycling people …
How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein
How Can Law Enforcement Use Technology To Protect Citizens Justly?, Zach Kantenwein
Emerging Writers
This paper explores the danger of emerging artificial intelligence technology perpetuating racial injustice in law enforcement and how police can ensure the protection of citizens amid this information age. We dissect a real-world case in which AI predictive policing technology resulted in alarming racial discrimination against American minority citizens. We discuss the possible explanations for this result and explore the limitations of artificial intelligence technology. Furthermore, we brainstorm methods for ensuring American citizens' just and constitutional protection as new technology is developed and tested. We propose implementing transparency laws that make the details about any policing technology and surveillance available …
The Post-Ongwen Case Period And The Reconciliation Process In Northern Uganda: Local Communities As A Site Of Knowledge, Christelle Molima Bameka
The Post-Ongwen Case Period And The Reconciliation Process In Northern Uganda: Local Communities As A Site Of Knowledge, Christelle Molima Bameka
Scholarly Articles
By providing victims with more space in the Ongwen case, the International Criminal Court (icc) has significantly contributed to the healing of the trauma and community reconciliation in northern Uganda. That said, this court has also raised issues that could affect local efforts to achieve peace, namely the positioning of victims of child soldiers vis-à-vis criminal child soldiers. Drawing on qualitative data collected through focus group discussions with some community members from locations under investigation by the icc, this sociolegal study examines the victims’ narratives about child soldiers and the different ideas of human rights that emerge. Then, it explores …
Evidence-Based Transitional Justice: Incorporating Public Opinion Into The Field, With New Data From Iraq And Ukraine, Mara Revkin, Ala Alrababah, Rachel Myrick
Evidence-Based Transitional Justice: Incorporating Public Opinion Into The Field, With New Data From Iraq And Ukraine, Mara Revkin, Ala Alrababah, Rachel Myrick
Faculty Scholarship
The field of “transitional justice” refers to a range of processes and mechanisms for accountability, truth-seeking, and reconciliation that governments and communities pursue in the aftermath of major societal traumas, including civil war, mass atrocities, and authoritarianism. This relatively new field emerged in the 1980s as scholars, practitioners, and policymakers looked for guidance to support post-authoritarian and post-communist transitions to democracy in Eastern Europe and Latin America. Since then, the field has grown rapidly—so rapidly that it is outpacing its capacity to learn from past mistakes. Recent methodological advances in the study of public attitudes about transitional justice through quantitative …
The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo
The Emerging Crime Of Persecution Based On Sexual Orientation, Anthony J. Colangelo
Northwestern Journal of Human Rights
This Article argues that persecution based on sexual
orientation constitutes a crime against humanity under international law.
Unlike other scholarship that has focused on the definition of crimes against
humanity in the 1998 Rome Statute for the International Criminal Court—
which does not explicitly enumerate “sexual orientation” as a protected
classification—this Article looks to customary international law made up by
the practices of states.
Diligent research has revealed that between 1998 and 2022, at least 107
states enacted laws or revised existing laws decriminalizing sexual
orientation and/or categorizing sexual orientation as a protected
classification from discrimination. This is in addition …