Digital Commons Network^™

The Tension Between Privacy And Security, Susan Maret, Antoon De Baets

Secrecy and Society

No abstract provided.

A Historian's View Of The International Freedom Of Expression Framework, Antoon De Baets

Secrecy and Society

No abstract provided.

‘These People Have No Clue About Us, The Land, Or How We Live!’: Second Generation Human Rights Along The Texas–Mexico Border, Jennifer G. Correa Ph.D, Tola Olu Pearce Ph.D

Societies Without Borders

In this study, we wish to turn attention to how the international human rights framework, developed under the auspices of the United Nations in 1948, is being used by different communities, in particular, the Texas-Mexico border. We emphasize that while the articles contained in the Universal Declaration of Human Rights have, at times, served as a protective platform upon which activists have been able to build, these articles cannot responsibly be imposed without attending to and incorporating the voices of those on the ground. Using both qualitative and ethnographic methods, our objective is to amplify specific voices by analyzing how …

Soldier 2.0: Military Human Enhancement And International Law, Heather A. Harrison Dinniss, Jann K. Kleffner

International Law Studies

Advances in technologies that could endow humans with physical or mental abilities that go beyond the statistically normal level of functioning are occurring at an incredible pace. The use of these human enhancement technologies by the military, for instance in the spheres of biotechnology, cybernetics and prosthetics, raise a number of questions under the international legal frameworks governing military technology, namely the law of armed conflict and human rights law. The article examines these frameworks with a focus on weapons law, the law pertaining to the detention of and by “enhanced individuals,” the human rights of those individuals and their …

What’S Missing? Addressing The Inadequate Lgbt Protections In The Missouri Human Rights Act, Ellen Henrion

Missouri Law Review

Most Missourians can move into homes with their partners, put up pictures of their spouses at their workplace desks, or book a hotel room for an overnight stay with a carefree confidence that these actions will not result in harassment or discriminatory repercussions. Unfortunately, this is not true for all of the state’s residents. Approximately 160,000 adults in Missouri identify as lesbian, gay, bisexual, and/or transgender (“LGBT”). Accordingly, approximately 160,000 adults in Missouri are particularly vulnerable to workplace, housing, and public accommodations discrimination as the Missouri Human Rights Act (“MHRA”), Missouri’s general anti-discrimination statute, does not explicitly prohibit discrimination based …

Gendering Human Rights: Threat And Gender Perceptions As Predictors Of Attitudes Towards Violating Human Rights In Asymmetric Conflict, Yossi David, Nimrod Rosler, Donald Ellis, Ifat Maoz

Peace and Conflict Studies

We introduce, in this study, a gendering human rights model in which perceiving outgroups as having stereotypical feminine traits predicts decreased support for violating their human rights through the mediation of threat perception. This model is tested in the context of the asymmetrical protracted Israeli-Palestinian conflict using Jewish-Israeli public opinion polling data (N=517). In line with our expectations, the findings indicate that Jewish-Israeli perceptions of Palestinians as having stereotypical feminine traits predict lower levels of threat perception from Palestinians and consequently less support for violating their human rights. We discuss the implications of our findings for understanding factors that attenuate …

Book Review: Thieves Of State, Hugh E. Breakey

Genocide Studies and Prevention: An International Journal

No abstract provided.

A Goal-Oriented Understanding Of The Right To Health Care And Its Implications For Future Health Rights Litigation, Michael Da Silva

Dalhousie Law Journal

International human rights law recognizes a right to health. A majority of domestic constitutions recognize health-related rights. Many citizens believe that they have a moral right to health care. Some theorists agree. Yet the idea of a right to health care remains controversial. Specifying the nature of such a right invites more controversy. Indeed, most models of the right face persistent problems that threaten to undermine the conceptual coherence of a right to health care. This article accordingly sketches preliminary arguments for a new, goal-oriented model of the right to health care. It explains that the model avoids most of …

Working With The Remains In Cambodia: Skeletal Analysis And Human Rights After Atrocity, Julie M. Fleischman

Genocide Studies and Prevention: An International Journal

This essay will discuss the research being conducted on Khmer Rouge-era human skeletal remains in Cambodia, and the implications of this work. First, the Cambodian project to conserve and analyze the remains at the Choeung Ek Genocidal Center (Choeung Ek) will be briefly discussed. This exceptional undertaking was the first complete scientific analysis of human remains from a Cambodian mass gravesite. Second, the author’s independent research at Choeung Ek and a collaborative project at another mass gravesite will be reviewed. The author’s research focuses on the traumatic injuries and demographics of the remains at Choeung Ek, while also incorporating cultural …

Colonial Subjugation And Human Rights Abuses: Twenty-First Century Violations Against Brazil’S Rural Indigenous Xukuru Nation, Marcia Mikulak

Contemporary Rural Social Work Journal

This article addresses the struggle of the Xukuru do Ororubá indigenous people in rural Pernambuco, Brazil as they organize to stop historical violence against them and work to regain their constitutional right to their ancestral lands. Since Portuguese colonization and throughout Brazil’s nation-building, the Xukuru have been particularly at-risk for human rights abuses. With the creation of the United Nations in 1945 and the drafting of the Universal Declaration of Human Rights (UNDHR) in 1948, member states have often provided rhetorical validity to human rights documents and conventions – rhetoric that is often ignored upon return to their sovereign territories. …

U.S. Support For Democracy In Africa: Discrepant Orientations Of Anglophone And Francophone Africa Towards Democratic Practices, Good Governance & Human Rights, Peter A. Ngwafu

African Social Science Review

President Obama’s first trip to Africa as US President in July 2009 took him to Ghana. The president used his 2009 trip to articulate his broad and ambitious policy of engagement towards sub-Saharan Africa. His pronouncements during the trip to Ghana generated high expectations for a new dawn in the relationship between the United States and Africa.The U.S. President made Ghana his first stop on the continent because he was probably highly impressed by the institutionalization of democratic processes in the country. While in Ghana, the president highlighted that country's commitment to peaceful democratic transition and establishment of effective governance …

Citizens Of Sinking Islands: Early Victims Of Climate Change, Erin Halstead

Indiana Journal of Global Legal Studies

This Note discusses the effects of climate change that threaten Small Island Developing States (SIDS). Specifically, with increasing global greenhouse gas (GHG) emissions resulting in rising sea levels and higher frequency of extreme weather events, many citizens of SIDS are forced abandon their homelands, which are no longer livable. Although SIDS are some of the smallest contributors to GHG emissions, and therefore contribute the least to climate change, SIDS are some of the countries most heavily affected by the negative effects of climate change. The global community has an obligation to accommodate these displaced people, partially due to the significant …

Indigenous Movements In Southeast Asia: An Analysis Based On The Concept Of ‘Resonance’, Isabel Inguanzo, Claire Wright

Asia-Pacific Social Science Review

This paper analyses the different indigenous movements that have been active in Southeast Asia over the past 30 years. For that purpose, the concept of “resonance” is used, due to its versatility as a perspective for the study of social movements. The analysis is descriptive and longitudinal given that the resonance of indigenous mobilization is analyzed in each one of the seven Southeast Asian territories, from 1980 until 2010. It is worth highlighting that the information used in the analysis comes mainly from in-depth interviews with members of organizations advocating the rights of indigenous peoples in the region. Consequently, this …

Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations, C. Don Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

The Supreme Court In Context: Conceptual, Pragmatic, And Institutional, Edward L. Rubin

Vanderbilt Law Review

Is it possible to decide whether a constitutional decision is right or wrong? Legal scholars respond with an enthusiastic 'Yes!" but their reasons for this answer are generally based on what philosophers call formal arguments. These arguments, as opposed to substantive arguments, focus on internal coherence, rather than external standards. Originalism, textualism, structural analysis, and evolving meaning are all formal arguments. Their appeal lies precisely in their independence from external issues-that is, from the sort of issues that generate political and social controversy. If one can demonstrate by formal argument that a particular constitutional decision is correct, then one can …

The Lingua Franca Of Reproductive Rights: The American Convention On Human Rights And The Emergence Of Human Legal Personhood In The New Civil And Commerce Code Of Argentina, Martin Hevia, Carlos Herrera Vacaflor

University of Miami International and Comparative Law Review

No abstract provided.

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Part Ii, John Williams

Touro Law Review

No abstract provided.

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall

Fordham Law Review

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …

Legal Barriers To Age Discrimination In Hiring Complaints, Pnina Alon-Shenker

Dalhousie Law Journal

Studies have shown that senior workers endure longer spells of unemployment than their younger counterparts. Age discrimination has been identified as one of the main obstacles to reemployment. This article critically examines how Canadian anti-age discrimination law has responded to the contemporary challenges experienced by senior job seekers. It articulates several difficulties in our existing age discrimination legal framework by analyzing and contrasting social science literature on the present labour market experience of senior job applicants with human rights tribunal and court decisions in hiring complaints. It concludes by sketching a preliminary set of workable proposals for change that derives …

Summary Judgement In Employment Discrimination Cases In The Eastern District Of New York, Peter J. Ausili

Touro Law Review

No abstract provided.

Can The Constitutional Court Of The Russian Federation Lead The Way To The Creation Of A True Democratic Society In The New Russian In The 21st Century?, Shawn S. Cullinane

Touro Law Review

No abstract provided.

Human Trafficking In Multinational Supply Chains: A Corporate Director's Fiduciary Duty To Monitor And Eliminate Human Trafficking Violations, Laura Ezell

Vanderbilt Law Review

Corporate directors cannot afford to remain ignorant of human trafficking violations in corporate supply chains.' Corporations in the United States that benefit from supply-chain trafficking have been able to escape liability when the trafficking occurs in the labor force of their suppliers instead of the labor force of the corporation itself. However, the 2008 reauthorization of the Trafficking Victims Protection Act specifically targets this behavior under its criminal and civil provisions regarding financial benefit from labor trafficking. Corporations with trafficking violations in their supply chains risk criminal prosecution and civil suits filed by foreign and domestic victims, and the directors …

Do Human Rights Matter? An Analysis Of Presidential Human Rights Rhetoric From 1993-2014, Nathan Bean

Scholarly Horizons: University of Minnesota, Morris Undergraduate Journal

My research examines how and why American presidents speak about human rights issues around the world, using rhetoric about human rights from the Clinton, George W. Bush, and Obama administrations. I theorized that rhetorical attention to human rights issues would be dependent on the strategic value of the region where the abuses take place, and that the president would shy away from criticizing countries where high numbers of U.S. military personnel were stationed. Using descriptive statistics and a measure of bivariate correlation, I found compelling evidence that presidential human rights attention was influenced by regional location, but only weak evidence …

Inverting Human Rights: The Inter-American Court Versus Costa Rica, Robert S. Barker

University of Miami Inter-American Law Review

Costa Rica has for many years been deeply and genuinely committed to the worldwide rule of law and, in particular, to the protection of human rights through the inter-American legal system and to the jurisprudence of the Inter-American Court of Human Rights.

In the year 2000 Costa Rica’s Constitutional Chamber declared unconstitutional the country’s program of in-vitro fertilization, primarily because the program violated the right to life as guaranteed by the national Constitution and by international conventions, in that the in-vitro fertilization process exposed large numbers of embryos to death, as only a very small percentage of in-vitro fertilizations resulted …

Developing A Typology Of Human Rights Records, Noah Geraci, Michelle Caswell

Journal of Contemporary Archival Studies

What makes a record a "human rights record"? What types of records fall under this umbrella term? How and why might we develop a typology of such records? What is at stake—ethically, theoretically, and practically—in the ways in which and the reasons why we define and classify records as such? This article seeks to answer these questions by delineating a typology of human rights records. First, this article will provide a literature review exploring the history of conceptions of human rights records in archival studies, as well as the ongoing discussion in information studies more broadly about the politics of …

As Good As It Gets? Security, Asylum, And The Rule Of Law After The Certificate Trilogy, Graham Hudson

Osgoode Hall Law Journal

This article uses constitutional discourses on the legality of security certificates to shed light on darker, neglected corners of the security and migration nexus in Canada. I explore how procedures and practices used in the certificate regime have evolved and migrated to analogous adjudicative and discretionary decision-making contexts. I argue, on the one hand, that the executive’s ability to label persons security risks has been subjected to meaningful constraints in the certificate regime and other functionally equivalent adjudicative proceedings. On the other hand, the ability of discretionary decision makers to deport individuals who pose de jure security risks to face …

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 …