Digital Commons Network^™

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …

Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley

Pace International Law Review

The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the …

An Analysis Of Structural Weaknesses In The Convention On The Elimination Of All Forms Of Discrimination Against Women, Julie A. Minor

Georgia Journal of International & Comparative Law

No abstract provided.

Litigating Customary International Human Rights Norms, Beth Stephens

Georgia Journal of International & Comparative Law

No abstract provided.

Human Rights And State "Sovereignty", Louis Henkin

Georgia Journal of International & Comparative Law

No abstract provided.

The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich

Georgia Journal of International & Comparative Law

No abstract provided.

Grid: A Methodology Integrating Witness Testimony And Satellite Imagery Analysis For Documenting Alleged Mass Atrocities, Brittany L. Card, Isaac L. Baker

Genocide Studies and Prevention: An International Journal

Aim: This article documents the development and initial use case of the GRID (Ground Reporting through Imagery Delivery) methodology by the Harvard Humanitarian Initiative (HHI). GRID was created to support corroboration of witness testimony of mass atrocity related-events using satellite imagery analysis. A repeating analytic limitation of employing imagery for this purpose is that differences in the geographic knowledge of a witness and an imagery analyst can limit or impede corroboration.

Methods: The primary method used in this article is a case study of HHI’s development and use of GRID. The GRID methodology was designed during HHI’s work with the …

Labour Rights As Human Rights: Turning Slogans Into Legal Claims, Judy Fudge

Dalhousie Law Journal

What does it mean to say that labour rights are human rights? What is the role of the courts in transforming a political manifesto into a legal claim? The answers to these questions are developed in three parts. The first places the rights to organize, to bargain collectively, and to strike in the social and political context in which they are claimed, contested, and recognized. The second part examines what it means to say that labour rights are human rights with an eye to teasing out the significance ofthis characterization. Third, the role of the courts when it comes to …

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.

African Immigrant Women In The United States: Perceptions On Female Circumcision And Policies That Outlaw The Practice, Lucinda M. Deason, Rosa M. Githiora

African Social Science Review

Harmful traditional practice, such as female circumcision (FC) performed on children causes minimal to severe health problems. FC violates the human and medical informed consent rights of female children. African immigrants from communities that practice FC are required to comply with policies that outlaw FC. The purpose of this study is twofold: 1) to gain an understanding of African immigrant women‟s views on FC and policies that outlaw the practice, and 2) to provide new insights and identify effective strategies for improving compliance with anti-FC laws. A phenomenological approach was deployed to gain an understanding of African immigrant women‟s perceptions …

Unpopular Constitutionalism, Mila Versteeg

Indiana Law Journal

Constitutions are commonly thought to express nations’ highest values. They are often proclaimed in the name of “We the People” and are regarded—by scholars and the general public alike—as an expression of the people’s views and values. This Article shows empirically that this widely held image of constitutions does not correspond with the reality of constitution making around the world. The Article contrasts the constitutional-rights choices of ninety countries between 1981 and 2010 with data from nearly one-half million survey responses on cultural, religious, and social values conducted over the same period. It finds, surprisingly, that in this period, the …

Letter From The Guest Editors: Putting Our Bodies On The Line: Towards A Capacious Vision Of Digital Activism, Ben Mccorkle, Jason Palmeri

Harlot: A Revealing Look at the Arts of Persuasion

This is the editors' note to accompany the special issue on digital activism.

The Nsa In Global Perspective: Surveillance, Human Rights, And International Counterterrorism, Peter Margulies

Fordham Law Review

No abstract provided.

Proposal For Regulating Hate Speech In The United States: Balancing Rights Under The International Covenant On Civil And Political Rights, Scott J. Catlin

Notre Dame Law Review

No abstract provided.

Church, State, And International Human Rights: A Theological Appraisal, David M. Smolin

Notre Dame Law Review

No abstract provided.

Regions, Austin Shangraw, Ross Boone, Angela Chen, Shereen Kajouee, Jason Cowin, Whitney-Ann Mulhauser, James Toliver, Min Jung Kim, Ada Lacevic

Human Rights Brief

No abstract provided.

Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk

Societies Without Borders

The goal of this article is to explain micro-political aspects of women’s participation within the Commission on the Status of Women (CSW) by explicating how NonGovernmental Organization’s (NGO) representatives negotiate and perceive their work. Data from ethnographic participant observation of CSW meetings between 2009 and 2012 demonstrate the simultaneity of both clear insider/outsider distinctions as well as blurred and permeable boundaries between the intergovernmental body of the CSW and civil society in the form of women’s rights activists who attempt to shape CSW outcomes. Concepts of fluid insiderness and outsiderness (Naples 1996) help explain that women activists perceive themselves simultaneously …

Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee

Societies Without Borders

This article introduces complexity into understandings around the relationships between human rights, being transgender, and interacting with the prison-industrial complex. It looks at struggles and interventions against neoliberal mainstream agendas that do not address the underlying causes of state violence against transpeople, especially trans women of color. This essay employs in-depth research and analysis primarily employing the lens and tools of intersectional subalternity, personal experience, and extensive community activism around these complex issues to show that human rights struggles that do not challenge neoliberal politics generally fail to meet the needs of trans people facing massive structural violence with the …

What Is In A Percentage?: Calculation As The Poetic Translation Of Human Rights, Andrea Ballestero

Indiana Journal of Global Legal Studies

Increasingly, the efficacy of human rights, international norms, and commercial standards is deposited in numbers as measures of social and financial value. Taking the form of indicators, goals, and targets, these numbers are active participants in the everyday practices through which the law is constituted around the world. This paper examines the normative ability of percentages as numeric devices that transform measures of value across legal domains. The paper draws on two examples: a) the generation of indicators by NGOs promoting the Human Right to Water, and b) the technical work of regulators attempting to regulate water prices to follow …

Preferred Private Parts: Importing Intersex Autonomy For M.C. V. Aaronson, Ryan L. White

Fordham International Law Journal

No abstract provided.

Teach The Women Well: Education Equality Is Key To Preventing Modern Day Slavery Of Women And Girls., Katharine A. Drummong

The Scholar: St. Mary's Law Review on Race and Social Justice

The key to ending modern-day slavery of women and girls requires placing further support for education initiatives in origin countries. A pro-education approach has yielded the greatest return. Since the beginning of civilization to the present, people have been trafficked and enslaved. Movements to abolish slavery gained momentum at the beginning of the nineteenth century: Great Britain outlawed slave trading in 1807, the United States abolished slavery in 1865, the League of Nations enacted a treaty calling for the end of slavery in 1926, and the efforts have strengthened in modern times. The United States’ Trafficking Victims Protection Act (TVPA) …

Help Wanted: American Drone Program Needs Multifaceted Support To Be Effective, S. Hall

Journal of Strategic Security

The U.S. drone program in Pakistan faces strong resistance in Pakistan. Because the program solely seeks to eliminate terrorist groups and leaders through bombing campaigns, with no built in social support, the local population’s anti-American sentiment has reached the highest level in history. This angry mood against U.S. drone programs is spreading throughout the Islamic world. To counter this anti-American sentiment, and increase the drone program’s effectiveness, the U.S. must invest in multifaceted, socio-economic support efforts to educate the population and rebuild the gratuity, trust, and commitment of Pakistan’s people to the “War on Terror.”

Punishments In Penal Institutions: (Dis)-Proportionality In Isolation, Jacob Zoghlin

Human Rights Brief

No abstract provided.

Selected Coverage Of The 149th Session Of The Inter-American Commission On Human Rights, Brittany West, Whitney-Ann Mulhauser, Jason Cowin

Human Rights Brief

No abstract provided.

Symposium: Building The Arc Of Justice: The Life And Legal Thought Of Derrick Bell: Foreword, Matthew H. Charity

Western New England Law Review

The four articles in this Symposium issue pay tribute to the work of Professor Derrick Bell by building on his challenges to the permanence of racial domination, to the potential limitations of good will inherent in the concept of interest convergence, and to the question of permanence not just of racism, but of other systemic biases since recognized, written on, and litigated. The articles range from the 19th century to the hegemonic war on terror; from Latin@ identity as a disruptive force, to recognition of subjugated identities allowing for the creation of coalitions to end oppression.