Digital Commons Network^™

Bridging The Gap Between Immigration Detainment And Parental Rights: A Constitutional Consideration Of Migrant Children Separation, Kelsey Burge

Northern Illinois Law Review Supplement

Federal immigration law does not completely comport with state family law because some federal legislation, such as the Adoption and Safe Families Act (ASFA), requires states to initiate parental custody proceedings due to children being separated from their parents for a statutorily defined period, even when parents are detained in immigration centers with very uncertain timelines. Parental custody proceedings involve factors that each state has authority to enact evaluating parental fitness; however, the factors may be implicitly or explicitly biased toward migrant parents, resulting in migrant parental custody being terminated unfairly. While Trump's zero-tolerance policy enacted in 2018 sparked outrage …

What Google Teaches Us About The Child Rights Movement, Yvonne Vissing, Sarah Burris, Quixada Moore-Vissing

Societies Without Borders

Technology both helps and hinders what we know about human rights. Use of Google is of central importance to both the Sociology of Knowledge and the creation of internet literacy. In this study, different search engines are compared regarding content of “child rights” in the fifty United States. Findings include: importance of algorithmic loading of sites; number of hits may not reflect the importance or accuracy of a topic; different search engines produce different findings; and personalized searches result in different results. Personalization of searches in accordance to one’s previous search history may result in people being given information that …

One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl

Indiana Journal of Global Legal Studies

The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …

The Role Of Support In Sexual Decision-Making For People With Intellectual And Developmental Disabilities, Jasmine E. Harris

All Faculty Scholarship

In response to Alexander Boni-Saenz, Sexuality and Incapacity, 76 Ohio St. L.J. 1201 (2015).

This Response analyzes three aspects of Boni-Saenz’s cognition-plus test. First, I position his normative and prescriptive proposals within an existing, robust conversation regarding legal capacity, SDM, and the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Scholars of international human rights law offer valuable insights on challenges of redefining legal capacity and implementing SDM. Advocates continue to debate and contest SDM as a practical, administrable, and measurable alternative. Second, I identify potential normative implications of incorporating SDM into domestic law, specifically for …

Blood Diamonds And Non-State Actors, Ian Smillie

Vanderbilt Journal of Transnational Law

The KPCS is a unique undertaking. It has all of the bells and whistles required to be an effective watchdog for an industry prone to theft, corruption, smuggling, and violence. It currently has the power of law in almost eighty national jurisdictions, and it has the blessing of the United Nations and the WTO. It is tripartite in nature, encompassing a wide range of important industry players and civil society organizations from Europe, North America, and Africa.

It is something of a tragedy, however. Its consensus decision making process has turned it into a dozy talk shop--unwilling and unable to …

Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi

Northern Illinois Law Review Supplement

The highly controversial topic of the removal of non-citizens from the United States is even more complex than most people realize. Besides the widely-known issues of the stretch on our nation's resources and immigrants' search for better lives, there are also issues of international relationships and threats to basic human rights. The United States has an international commitment not to remove aliens back to their home country if that country would be likely to subject the person to threats to their life or freedom, including kidnapping, torture, or murder. The U.S. denies this withholding of removal to those who have …

Global Laws, Local Lives: Impact Of The New Regionalism On Human Rights Compliance, Stephen J. Powell, Patricia Camino Pérez

UF Law Faculty Publications

Continuation of the brisk pace of international economic growth with its necessarily increased use of natural resources—often at unsustainable levels—and its higher levels of pollution—often at the cost of citizen health—combine with the rules of the global trading system to threaten human rights to health, to freedom from forced or child labor, to non-discrimination, to a fair wage, to a healthy environment, even to democratic governance and participation in the political process. As a result, in recent years a growing number of economists begrudgingly acknowledge the incontrovertible—although presently dysfunctional—linkage between trade and human rights and the need to integrate these …

Palestinian Refugees: Protection In Exile, Vivienne Chew

Human Rights & Human Welfare

The Palestinian refugee problem is perhaps the most critical and complex of the outstanding issues in the Israeli-Palestinian conflict. Sixty-two years have now passed since the 1948 Arab-Israeli War, in which hundreds of thousands of Palestinians were displaced en masse and rendered stateless. Since then, successive generations of Palestinian refugees have endured discrimination, insecurity, repeated cycles of displacement, and infringement of their basic rights and freedoms.

"A Change Is Gonna Come": The Implications Of The United Nations Convention On The Rights Of Persons With Disabilities For The Domestic Practice Of Constitutional Mental Disability Law, Michael L. Perlin

Northern Illinois University Law Review

As recently as fifteen years ago, disability was not broadly acknowledged as a human rights issue. Although there were prior cases decided in the United States and in Europe that, retrospectively, had been litigated from a human rights perspective, the characterization of "disability rights" (especially the rights of persons with mental disabilities) was not discussed in a global public, political, or legal debate until the early 1990s. Instead, disability was seen only as a medical problem of the individual requiring a treatment or cure. By contrast, viewing disability as a human rights issue requires us to recognize the inherent equality …

Practice And Procedure Under The Illinois Human Rights Act, Richard J. Puchalski

Northern Illinois University Law Review

A discussion of the procedural aspects of handling discrimination cases before the Illinois Department of Human Rights and the Human Rights Commission.