Law Commons^™

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Environmental Racism, American Exceptionalism, And Cold War Human Rights, Carmen G. Gonzalez

Carmen G. Gonzalez

Dignity, Vol 1, Issue 1, 2016, Donna M. Hughes Dr.

Donna M. Hughes

Surrogacy, Equal Status And Social Welfare Benefits, Mel Cousins

Mel Cousins

Property, Wealth, Inequality And Human Rights: A Formula For Reform, Berta E. Hernández-Truyol, Shelbi D. Day

Berta E. Hernández-Truyol

This essay scrutinizes the persistence of inequality in the United States through a human rights lens and grapples with the troubling disparities unearthed by two works: American Apartheid: Segregation and the Making of the Underclass and Black Wealth/White Wealth: A New Perspective on Racial Inequality. These two highly enlightening and, simultaneously, deeply troubling and depressing books elucidate the myriad locations at which inequalities persist and the historical, social, psychological, and legal foundations of, and explications for, such disparities in the African American community. This work proposes a human rights paradigm that provides a methodology to analyze, deconstruct and unravel the …

Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis

Nathan M. Nobis, PhD

Carl Cohen’s arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one’s peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations …

Protecting Human Rights: The Approach Of The Singapore Courts, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

The Constitution is the supreme law of Singapore, but have the courts unnecessarily limited their role of upholding the Constitution? This article is based on a speech delivered at an event at the Conrad Centennial Singapore on 4 December 2014 entitled The Role of the Judiciary in the Promotion and Protection of Human Rights organized by the Delegation of the European Union to Singapore to commemorate Human Rights Day.

Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush

Berta E. Hernández-Truyol

This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus the …

María Lugones's Work As A Human Rights Idea(L), Berta E. Hernández-Truyol, Mariana Ribeiro

Berta E. Hernández-Truyol

The work of Maria Lugones can be utilized to focus on the same ideas of human reality articulated in the human rights framework. She engages the complexity of humans -- the indivisibility of their identity components -- through her concepts of hybridity/multidimensionality. Similarly, Lugones captures the human need for self-determination -- a right embedded in the human rights framework -- in her work on autonomy, agency, and self-care. Finally, her quest for an antisubordination ideal, like the human rights mandate for equality and nondiscrimination, comes to life in her call for the recognition of and respect for the equality of …

Reconciling Liberalism And Judaism? Human Rights In Israel, Raphael Cohen-Almagor

raphael cohen-almagor

This essay argues that mixing religion in politics is problematic. It becomes destructive when the religion is unyielding and coercive. Whenever religious powers are on the rise, the foundations of liberal democracy are shaken and its protective mechanisms are regressing. Indeed, in Israel egalitarianism is still in the making. Orthodox Judaism and liberal democracy are in conflict. The rise of one comes at the expense of the other in a situation where religion does not encompass the concept of freedom from religion. This essay further argues that Palestinians and Israelis are entitled to the same rights and liberties. Accommodations and …

Act 301 (14-1891) Amicus Reply Brief, Curtis J. Neeley Jr

Curtis J Neeley Jr

Reply covering every brief filed.

Umd Law Students Travel To Haiti On Fact-Finding Trip, Irene Scharf, Justin Steele

Irene Scharf

During spring break Professor Irene Scharf, director of the Immigration Law Clinic at the UMass School of Law in Dartmouth accompanied a group of UMass law students to the Dominican Republic to engage in fact-finding about the conditions of Haitians in the country. This piece was written by Scharf and Justin Steele, executive articles editor of the UMass Law Review.

Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed

Judith A Hale Reed

Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …

The Problem Of Thirst: The Right To Equality And The Unlawful Privatization Of Water, Kasari Jl Govender

Kasari JL Govender

The problem of thirst is a massive one, and a child dies every 15 seconds from disease related to lack of access to safe, clean water. Privatization is touted as the solution to water injustice, despite evidence that privatization of water services only increases water deprivation for the poorest citizens. This paper examines whether a privatized for-profit system of water access for personal use infringes the human right to water, and whether states have a legal responsibility to protect their citizens from any and all third party business interests in water. The problem of thirst is considered from the perspective …

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …

Are You A Terrorist Or An American?:An Analysis Of Immigration Lawpost 9/11: Introduction, Mark A. Drumbl

Mark A. Drumbl

No abstract provided.

Desafíos Para Los Derechos De La Persona Ante El Siglo Xxi: Familia Y Religión / Sfide Per I Diritti Della Persona Nel Xxi Secolo: Famiglia E Religione / Challenges Of Individual Rights In The Xxi Century: Family And Religion, Edoardo C. Raffiotta, Antonio Pérez Miras, Germán M. Teruel Lozano

Germán M. Teruel Lozano

Facing continuous changes and evolving social contexts that are a characteristic of a pluralistic society, a law professional encounters difficulties with re-arranged traditional institutions such as family and marriage, as well as difficulties in redefining the role of religion in our societies, especially in relation to individual rights and liberties within these institutions. To address these important topics, the author reviews the approach to the study of the challenges facing the constitution, and in particular the rights of the individual, in our multicultural societies.

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Proportionality In Interpreting Constitutional Rights: A Comparison Between Canada, The United Kingdom And Singapore And Its Implications For Vietnam [Thuyết Cân Đối Trong Vấn Đề Giải Thích Các Quyền Về Hiến Pháp: So Sánh Giữa Canada, Liên Hiệp Các Vương Quốc Anh Và Singapore Và Kinh Nghiệm Cho Vìệt Nam], Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Few rights that are guaranteed by constitutions and bills of rights are expressed to be absolute. In many jurisdictions, the legislature is permitted to impose restrictions on rights for specified reasons and under particular conditions. However, constitutional or bill of rights text often do not expressly indicate how the courts should determine that applicants’ rights have been legitimately restricted. To this end, courts in jurisdictions such as Canada and the United Kingdom have adopted the European doctrine of proportionality. Essentially, this requires them to balance opposing types of public interests – the interest sought to be protected by the rights …

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …

Criminalizing The Undocumented: Ironic Boundaries Of The Post-September 11th ‘Pale Of Law.’, Daniel Kanstroom

Daniel Kanstroom

The general hypothesis put forth in this Article is that well-accepted historical matrices are increasingly inadequate to address the complex issues raised by various U.S. government practices in the so-called “war on terrorism.” The Article describes certain stresses that have recently built upon two major legal dichotomies: the citizen/non-citizen and criminal/civil lines. Professor Kanstroom reviews the use of the citizen/non-citizen dichotomies as part of the post-September 11th enforcement regime and considers the increasing convergence between the immigration and criminal justice systems. Professor Kanstroom concludes by suggesting the potential emergence of a disturbing new legal system, which contains the worst features …

Emerging Law Addressing Climate Change And Water, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The World Economic Forum recognizes that while restrictions on energy affect water systems and vice versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.

Beyond The Binary: What Can Feminists Learn From Intersex And Transgender Jurisprudence?, Marybeth Herald

Marybeth Herald

This panel discussion focuses on recent developments in the intersex and transsexual communities. Recently, both movements have undergone profound changes and each has provided new and unique theoretical and practical perspectives that can potentially benefit other social justice groups. This dialogue describes these developments. It also emphasizes the importance of feminist, lesbian, gay, bisexual, transsexual and intersex activists becoming aware of the goals that they share and areas where their interests may diverge. As each of these movements develops their legal strategies, they need to be conscious of the potentially positive and negative ramifications that their approaches may have on …

Human And Fundamental Rights And Duties In Portuguese Constitution. Some Reflections, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

The Portuguese Constitution (1976) came after a period of 48 years of authoritarianism and a closed society, in which some happy few enjoyed great privileges while the great majority of people were charged with heavy duties So, by a very understandable "law of human nature", the constituent law givers could not reasonably impose constitutionally many obligations, in an autonomous way. As rights and duties are the twin sides of the same coin, the juridical formulation under the sign of rights also implies obligations, related to those same rights. This is kinder and more pleasant to do by a liberating Constitution...

Asset Freezing, Social Security, And Human Rights, Mel Cousins

Mel Cousins

This case analysis discusses a recent decision of the Court of Appeal concerning restrictions placed on the payment of certain social security benefits in the context of the UN asset freezing regime. The case is an interesting example of the sort of new questions coming before the courts in the post-9 11 world and raises a number of issues worthy of note. In particular, it raises the question of the approach which national and supranational courts should adopt to balancing the implementation of anti-terrorism measures with the upholding of the principles of human rights (and their application in practice).

Rising Temperatures: Rising Tides, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Transboundary environmental problems do not distinguish between political boundaries. Global warming is expected to cause thermal expansion of water and melt glaciers. Both are predicted to lead to a rise in sea level. We must enlarge our paradigms to encompass a global reality and reliance upon global participation.