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Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland

American University Law Review

In the wake of the United States Supreme Court’s devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …

Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland

American University International Law Review

In the wake of the United States Supreme Court's devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …

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

Law & Economics Working Papers

If we want to narrow the North-South divide that threatens our world, some limits on tax competition are inevitable. The world faces a crucial choice in the 2020s. We can either continue retreating from globalization in favor of xenophobic nationalism, tariffs, immigration restrictions, and exchange controls. That road leads ultimately to war, as it did in the 1930s. Or we can revive globalization by investing in a robust social safety net, infrastructure, education, and job creation. While more needs to be done, we have made significant progress in curbing tax competition in the last decade. The key move now is …

Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton

Elisabeth Haub School of Law Faculty Publications

In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …

The Gender Injustice Of Abortion Laws, Joanna Erdman

Articles, Book Chapters, & Popular Press

This commentary is a response to Katarzyna Sękowska-Kozłowska’s article on the treatment of criminal abortion laws as a form of sex discrimination under international human rights law through a study of the communications, Mellet v. Ireland and Whelan v. Ireland. The commentary offers a reading of these communications, and specifically the sex discrimination analysis premised on inequalities of treatment among women, as an engagement with the structural discrimination that characterises abortion laws, and asa radical vision for gender justice under international human rights law.

The Confluence Of Domestic And International Law In The Institutionalization Of The Human Right To Water, Corinne Tagliarina

Doctoral Dissertations

The norm of the human right to water has emerged over the past two decades and grown in international specificity and support. Finnemore and Sikkink’s theory of norm life cycles appears to explain the rise in prominence of this norm. As I gathered data on domestic water policy to explore this theory, my data allowed me to identify a discrepancy in the expected norm formation and institutionalization timeline dominant in constructivist international relations scholarship on human rights norms. Rather than a top-down norm internalization process from the international level, instead we see the norm recognized in domestic law before appearing …

Understandings Of Self-Managed Abortion As Health Inequity, Harm Reduction And Social Change, Joanna Erdman, Kinga Jelinska, Susan Yanow

Articles, Book Chapters, & Popular Press

This commentary explores how self-managed abortion (SMA) has transformed understandings of and discourses on safe abortion and associated health inequities through an intersection of harm reduction, human rights and collective activism. The article examines three primary understandings of the relationship between SMA and safe abortion: first SMA as health inequity, second SMA as harm reduction, and third SMA as social change, including health system innovation and reform. A more dynamic understanding of the relationship between SMA, safe abortion and health inequities can both improve the design of interventions in the field, and more radically reset reform goals for health systems …

The Catholic Church And The Formation Of Human Rights Doctrine In El Salvador, Edward Mikus Iii

Theses and Dissertations

The Catholic Church’s focus on human rights in the years following the Second Vatican Council led to increased political activity amongst the clergy in socially stratified El Salvador. This development, in turn, led to a breakdown in relations between the Church and the Salvadoran State

Fatherhood Of God; Brotherhood Of Man: Prince Hall Affiliated Freemasonry, Manhood, And Community Building In The Jim Crow South, Derrick Lanois

History Dissertations

The dissertation examines African American Freemasons throughout the South during the Jim Crow era. The secret nature of Prince Hall Affiliated Freemasonry (PHA) has hidden the contribution and activism of the organization and its members. I argue the organization is part of a web of networks that fought for civil and human rights for African Americans. Through PHA, members are cultivated into leaders, activists, businessmen; over the years, the members have created an initiatic identity that connected them to the African American community and humanity. The significance of my study is that I analyze PHA through a womanist lens and …

Acting For Change – Four Drama Workshop Models In Anti-Racism, Anti-Sectarianism, Human Rights And Gender Equality And Storytelling To Promote Reconciliation, Mary Moynihan

Books/Book Chapters

This booklet is written by Mary Moynihan and produced by Smashing Times Theatre Company Limited as part of Acting for Change, a year-long arts programme using high quality drama and theatre processes to promote reconciliation within Donegal and on a cross-community, cross-border basis. As part of the project, in addition to presenting a professional theatre performance and seminar, the company developed four new awareness raising participative drama workshop models, designed by Mary Moynihan to promote anti-racism, anti-sectarianism, equality and storytelling for reconciliation.

The four drama workshop models are printed in full in this booklet along with resource information for drama …

Death In Irish Prisons: An Examination Of The Causes Of Deaths And The Compliance Of Investigations With The European Convention On Human Rights, Colette Barry

Dissertations

Death is a tragic and unfortunately unavoidable aspect of life in a prison. The death of a prisoner raises significant questions in relation to the conditions of confinement and the conduct of the prison authorities. Robust investigations into these deaths can enhance accountability by shedding light on deficits in both institutional and systemic practices, as well as providing families of the deceased with a sense of closure. In Ireland, the investigative responses to prison deaths are neither robust, nor do they allow for significant scrutiny of the circumstances surrounding the death. The causes of deaths in custody and the compatibility …

Child, Family, State, And Gender Equality In Religious Stances And Human Rights Instruments: A Preliminary Comparison, Linda C. Mcclain

Faculty Scholarship

The UN Convention on the Rights of the Child (CRC) recently began its third decade. Why has the United States still not ratified the CRC, celebrated as the most widely ratified international human rights treaty in history? Once again, this question is on the table: Congressional resolutions that President Obama should not transmit the CRC to the Senate for advice and consent rapidly followed intimations that the Obama Administration had some qualms about the U.S. keeping company only with Somalia in not ratifying it. Some scholars contend that enlisting the unique resources of religions would help to ground a culture …

The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns

International Law Studies

No abstract provided.

Burying The Truth: The Murder Of Belfast Human Rights Lawyer Patrick Finucane And Britain's "Secret" Public Inquiries, Joaquin P. Terceno Iii

Fordham Law Review

No abstract provided.