Digital Commons Network^™

Promoting Cognitive Complexity Among Yezidi Youth Impacted By Isis In Kurdistan, Iraq, Sara Savage, Jessica Francar, Kristin Perry

Journal of Strategic Security

This article reports on the results of an intervention to promote the reintegration of Yezidi children and youth in the Kurdistan Region of Iraq, who had been in ISIS captivity or were displaced by ISIS, by increasing their cognitive complexity through experiential learning. The article explores the challenges faced by this demographic, including trauma and exclusion. It looks at the impact of a group-based curriculum designed to increase cognitive complexity (measured by integrative complexity), and discusses how the intervention addressed socio-cognitive needs in order to support reintegration. The intervention was piloted with young people associated with ISIS and those displaced …

Equality Across The Pond: An Analysis Of Marriage Equality Between The United States And The United Kingdom, Angel Santiago

Senior Honors Projects, 2020-current

Throughout history, the United Kingdom (UK) and the United States (US) have faced criticism and backlash for limitations on marriage equality. Within the last two decades, there have been many initiatives put into place to combat the marriage equality dilemma. I will be conducting two case studies on prominent social movements within the US and UK. Within the UK, I will be examining the Stonewall organization and the LGBT Foundation; and within the US, I will be examining the National Lesbian and Gay Journalists Association and National LGBT Chamber of Commerce. This root of the dilemma spurs mainly from human …

Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome

American University International Law Review

After the World Health Organization (WHO) characterized the COVID-19 outbreak as a “global pandemic,” States responded by taking more restrictive and urgent measures. These measures ranged from restrictions on public events to partial or total lockdowns, which restrict a plethora of human rights. Additionally, an unprecedented number of States declared a state of emergency to justify these measures; as of this writing, roughly two-thirds of States declared a state of emergency due to COVID-19 under the International Covenant on Civil and Political Rights (“ICCPR”).

Taxation And Business: The Human Rights Dimension Of Corporate Tax Practices, Reuven S. Avi-Yonah

Book Chapters

The response of both developed and developing countries to global developments has been first, to shift the tax burden from (mobile) capital to (less mobile) labour, and second, when further increased taxation of labour becomes politically and economically difficult, to cut government services. Thus, globalization and tax competition lead to a fiscal crisis for countries that wish to continue to provide those government services to their citizens, at the same time that demographic factors and increased income inequality, job insecurity and income volatility that result from globalization render such services more necessary. This chapter argues that if government service programs …

Trump’S Insurrection: Pandemic Violence, Presidential Incitement And The Republican Guarantee, Elizabeth M. Iglesias

University of Miami Race & Social Justice Law Review

Our own experience has corroborated the lessons taught by the examples of other nations; . . . that seditions and insurrections are, unhappily, maladies as inseparable from the body politic as tumors and eruptions from the natural body; that the idea of governing at all times by the simple force of law (which we have been told is the only admissible principle of republican government), has no place but in the reveries of those political doctors whose sagacity disdains the admonitions of experimental instruction. Should such emergencies at any time happen under the national government, there could be no remedy …

Power, Punk, And Performance: A Critical Analysis Of Hooligan Laws In Russia, Noelle Wurst

Honors Program Theses

This paper presents the argument that the criminal charge of hooliganism in Russia is a political tool used to suppress dissent and uphold the authoritarian ideals of Putin’s regime. The background of this analysis includes a broad overview of the development of the hooligan laws over time and how they have been used to advance elite interests. In addition, the key policies, institutions, and rhetoric that surround hooliganism in present-day Russia are identified. The legitimacy of the hooligan laws is then tested against both domestic and international law, especially in regards to norms on freedoms of speech.

The Unbribable Witness: Image, Word, And Testimony Of Crimes Against Humanity In Mark Twain’S King Leopold’S Soliloquy (1905), Nora Nunn

Genocide Studies and Prevention: An International Journal

In the creation of King Leopold’s Soliloquy, a textured, visually irrefutable, and darkly satirical account of crimes against humanity in the Belgian Congo Free State, Mark Twain aimed to evoke his Euro-American audience’s empathy by activating their imaginations and inaugurating political reform. Informed by the work of cultural and literary critics such as Roland Barthes, this paper considers how the visual imagery in Twain’s text engender questions about fact, testimony, and witnessing in the realm of human rights and collective violence—both in the Congo Free State and, indirectly, in the United States. I ultimately argue that the relation (or …

Exhibiting Human Rights: Making The Means Of Dignity Visible, Amy J. Freier

Electronic Thesis and Dissertation Repository

This dissertation examines the visual communication of human dignity. With the opening of human rights museums, such as the Canadian Museum for Human Rights, human dignity’s visual communication has been exposed to new issues of corporeal and mediated expression. In response to photographic mediation and theory, which often poses individuals as central claimants or possessors of human dignity, human rights museums openly suggest that communities and relationships between individuals are central to human dignity’s visibility outside of the law. As such, I propose that curatorial mediation is important to the contemporary apprehension of human dignity because its notable forms – …

Navigating The Double Bind: Exploring The Relationship Between Gender, Political Ideology, And Human Rights, Ashley Archer

Honors College Theses

Do female chief executives on the political left exhibit better respect towards human rights than their counterparts on the political right? This paper explores the relationship between a female political leader and her ideology and how this relationship may influence policy attitudes, specifically, human rights practices within a country. I argue that women leaders face a political double bind in their actions and that their ideologies affect how they navigate this bind. Past research has found that women leaders must fulfill two roles: their role as leader and their role as woman (Paxton and Hughes 2014). Women leaders must work …

Privileging Autistics Of Color: A Human Rights Approach To Applied Behavior Analysis (Aba) Therapy, Rebecca Rubey

Master's Projects and Capstones

This field project examines the social construction of autistic people of color through the pathology paradigm and the associated human rights violations. The purpose of the project is to disrupt the pathology paradigm by privileging voices of autistic people of color in professional development workshops for ABA therapy providers. The workshops aim to help ABA therapy providers understand the historical context of ABA, how it fits into the wider systems of white supremacy and ableism, and how these dynamics are re-enacted in every day practice with autistic people of color.

Birthright Citizenship Under Attack: How Dominican Nationality Laws May Be The Future Of U.S. Exclusion, Ediberto Román, Ernesto Sagas

Faculty Publications

Attacks on birthright citizenship periodically emerge in the United States, particularly during presidential election cycles. Indeed, blaming immigrants for the country’s woes is a common strategy for conservative politicians, and the campaign leading up to the 2016 presidential election was not an exception. Several of the Republican presidential candidates raised the issue, with President Donald Trump making it the hallmark of his immigration reform platform. Trump promised that, if elected, his administration would “end birthright citizenship.” In the Dominican Republic, ending birthright citizenship and curbing immigration are now enshrined into law, resulting from a significant constitutional redefinition of Dominican citizenship …

Autonomy, Standing, And Children's Rights, Stephen R. Arnott

Stephen Arnott

No abstract provided.

The Annihilation Of Memory And Silent Suffering: Inhibiting Outrage At The Injustice Of Torture In The War On Terror In Australia, Aloysia Brooks

University of Wollongong Thesis Collection 1954-2016

The War on Terror, initiated by the US Government under George W. Bush, reintroduced torture as an overt tool of the state. The Australian Government was heavily implicated in colluding and covering up the US torture program. Drawing on a model of outrage management, newspaper articles from 2002-2012 reveal extensive evidence that government officials, their agents, and the media, utilised methods that served to reduce outrage over the use of torture in the War on Terror. These tactics not only inhibited outrage, but promoted acceptance of torture as a legitimate security tool in the post 9/11 era.

There is significant …

The Case For Kurdish Statehood In Iraq, Philip S. Hadji

Case Western Reserve Journal of International Law

No abstract provided.

Privatizing Human Rights? Creating Intellectual Property Rights From Human Rights Principles, David S. Welkowitz

Akron Law Review

This article focuses on one human rights treaty, the Convention, and the possible uses of its provisions to secure and expand intellectual property rights (“IP rights”). Although the Convention does not contain any provision specifically referencing IP rights, it does contain several provisions that could be used to expand IP rights. Furthermore, the existence of a substantial body of interpretive case law from the ECHR affords us a more detailed perspective on the manner in which the Convention could be used to further IP rights. Finally, the group of countries adhering to the Convention, though all part of Europe, represent …

Teaching Progress: A Critique Of The Grand Narrative Of Human Rights As Pedagogy For Marginalized Students, Robyn Linde, Mikaila M. L. Arthur

Faculty Publications

With the adoption of the Universal Declaration of Human Rights in 1948, education about human rights became an important focus of the new human rights regime and a core method of spreading its values throughout the world. This story of human rights is consistently presented as a progressive teleology that contextualizes the expansion of rights within a larger grand narrative of liberalization, emancipation, and social justice. This paper examines the disjuncture between the grand narrative on international movements for human rights and social justice and the lived experiences of marginalized students in urban environments in the United States. Drawing on …

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …

Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein

American University International Law Review

No abstract provided.

Modern Day Inquisitions, Rebecca J. Cook

University of Miami Law Review

No abstract provided.

Lost In Translation: Linguistic Minorities In The European Union, Nirvana Bhatia

Human Rights & Human Welfare

“A nation without a language is a nation without a soul,” declares a Gaelic proverb. Indubitably, language is a product of national identity; it preserves heritage, reflects societal beliefs and values, and expresses a cultural spirit. The current international human rights regime, however, does not recognize an individual’s right to language choice; instead, it promises freedom from linguistic discrimination. The implications are not quite the same and, as a result, states have successfully repressed minority populations by controlling their language options. The European Union in particular—with its panoply of languages—demonstrates an inconsistent approach toward linguistic minorities; it attempts to promote …

Spaces Of Freedom For Citizens And Asylees In The Eu And U.S., Francis J. Conte

University of Miami International and Comparative Law Review

No abstract provided.

The Childhood Of Human Rights: The Kodak On The Congo, Sharon Sliwinski

Sharon Sliwinski

Magna Carta, The Interstices Of Procedure, And Guantanamo, Larry May

Case Western Reserve Journal of International Law

No abstract provided.

Involuntary Commitment And Forced Psychiatric Drugging In The Trial Courts: Rights Violations As A Matter Of Course, James B. (Jim) Gottstein

Alaska Law Review

No abstract provided.

Accountable Intelligence And Intelligent Accountability, Mary O'Rawe

Mary O'Rawe

Abstract Intelligence led policing is in the ascendancy on a global level. This poses serious and often delegitimated questions around law’s ability to prevent and sanction wrongdoing by state security agents. The ramifications of law’s failures are particularly felt in conflicted and post conflict societies. This paper, through the prism of the Northern Ireland experience, problematises the more global sanitation and reification of ‘covert intelligence’ approaches and their potential to contribute to insecurity rather than security.

Human Rights And Gun Confiscation, David B. Kopel

David B Kopel

This Article addresses a human rights problem which has been generally ignored by the advocates of firearms confiscation: the human rights abuses stemming from the enforcement of coercive disarmament laws.

Part I conducts a case study of the U.N.-supported gun confiscation program in Uganda, a program which has directly caused massive, and fatal, violations of human rights. Among the rights violated have been those enumerated in Article 3 (“the right to life, liberty and security of person” ) and Article 5 (“No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”) of the Universal …

How To Entrench A De Facto State Church In Russia: A Guide In Progress, Robert C. Blitt

Scholarly Works

The Russian Orthodox Church's (ROC) assertion of a constitutionally inappropriate role in affairs of state has severely compromised Russia's secular constitutional framework. This gradual but steady erosion of the barrier between church and state is evidenced by a series of contemporary developments that are inexorably linked to the Church's vision of its traditional place in Russian history.

Disturbingly, each successive post-communist regime has further enabled this behavior, and there is no indication that the political transition from President Vladimir Putin to his hand-picked successor, Dmitry Medvedev, will change anything.

This paper argues that the emerging pattern of collusion presents a …

Interview With Heitam Maleh, Marcel Stuessi

Marcel Stüssi

This is a previously unpublished interview on democracy and religious liberty in Syria.

Autonomy, Standing, And Children's Rights, Stephen R. Arnott

William Mitchell Law Review

No abstract provided.

The Childhood Of Human Rights: The Kodak On The Congo, Sharon Sliwinski

Sharon Sliwinski