Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Nova Southeastern University (46)
- University of Miami Law School (23)
- American University Washington College of Law (20)
- University of Georgia School of Law (14)
- University of San Diego (7)
-
- Maurer School of Law: Indiana University (5)
- Pace University (4)
- Pepperdine University (4)
- Northwestern Pritzker School of Law (3)
- Notre Dame Law School (3)
- Cleveland State University (2)
- Emory University School of Law (2)
- Golden Gate University School of Law (2)
- The University of Akron (2)
- Universitas Indonesia (2)
- Washington and Lee University School of Law (2)
- Brooklyn Law School (1)
- Georgia State University College of Law (1)
- Penn State Law (1)
- The Catholic University of America, Columbus School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- U.S. Naval War College (1)
- University of Cincinnati College of Law (1)
- University of Colorado Law School (1)
- University of Kentucky (1)
- University of Michigan Law School (1)
- University of Richmond (1)
- University of South Carolina (1)
- University of South Florida (1)
- Vanderbilt University Law School (1)
- Publication Year
- Publication
-
- ILSA Journal of International & Comparative Law (46)
- University of Miami International and Comparative Law Review (16)
- Human Rights Brief (15)
- Georgia Journal of International & Comparative Law (14)
- San Diego International Law Journal (7)
-
- University of Miami Inter-American Law Review (7)
- American University International Law Review (4)
- Indiana Journal of Global Legal Studies (4)
- Notre Dame Journal of International & Comparative Law (3)
- Pace International Law Review (3)
- Pepperdine Dispute Resolution Law Journal (3)
- Akron Law Review (2)
- Annual Survey of International & Comparative Law (2)
- Emory International Law Review (2)
- Jurnal Hukum & Pembangunan (2)
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- American University National Security Law Brief (1)
- Brooklyn Journal of International Law (1)
- Catholic University Law Review (1)
- Cultural Encounters, Conflicts, and Resolutions (1)
- Genocide Studies and Prevention: An International Journal (1)
- Indiana Law Journal (1)
- International Law Studies (1)
- Journal of Comparative Urban Law and Policy (1)
- Journal of Law and Health (1)
- Kentucky Law Journal (1)
- Michigan Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Northwestern Journal of Law & Social Policy (1)
- Northwestern University Law Review (1)
Articles 1 - 30 of 155
Full-Text Articles in Law
The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke
The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke
University of Cincinnati Law Review
No abstract provided.
Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters
Food, Housing, And Racial Justice Symposium, Denisse Córdova Montes, Tamar Ezer, Photini Kamvisseli Suarez, Katherine Murray, Julian Seethal, Mackenzie Steele, Sarah Walters
University of Miami International and Comparative Law Review
No abstract provided.
Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron
Where Custom Dictates: A Comparison Of The Integration Of Customary Law In Nigeria And South Africa As Applicable To Custody And Family Law Dispute, Madelyn Cameron
Emory International Law Review
No abstract provided.
Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye
Exploring The African Regional Human Rights Standards As The Basis For An Enabling Environment For Self-Managed Abortion, Lucia Berro Pizzarossa, Michelle Maziwisa, Ebenezer Durojaye
Washington and Lee Journal of Civil Rights and Social Justice
Self-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks …
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Sacred Spheres: Religious Autonomy As An International Human Right, Diana V. Thomson, Kayla A. Toney
Catholic University Law Review
How should courts resolve thorny human rights disputes that arise within religious groups? According to an emerging international consensus, they shouldn’t. When a case involves sensitive internal decisions by a religious organization, such as choosing who is qualified to teach the faith, courts are increasingly taking a hands-off approach. This global consensus has formed across international treaties, tribunals, and domestic courts in European and American nations. Every major human rights instrument and many international and domestic courts recognize that religious freedom must extend to religious communities, especially houses of worship and schools where believers gather to practice their faith and …
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher
Northwestern Journal of Law & Social Policy
In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
American University National Security Law Brief
When Russian tanks rolled across the border into Ukraine during the early morning of February 24, 2022, most in the American defense and diplomatic establishment were shocked and sure the war would be over in a few days. Credible open-source tactical and strategic analysis predicted that Ukraine’s regular military forces would be defeated in “days or weeks” as long as Russian military forces were determined to pursue their objectives. The United States Government was so sure that Kyiv was under imminent threat of capture that they offered to evacuate President Volodymyr Zelenskyy so that he could rule from exile, rather …
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
Sanctions As Virtue-Signaling: Transitioning From Symbolism To Reparation For Rohingya Genocide Victim, Kelsey Peden
American University International Law Review
Kyi sat on the banks of the Inya Lake, saying goodbye to the place they said was no longer her home. The government of Myanmar had given her an option: leave or be arrested. She felt lucky to leave; most activists she knew did not get a warning first. A few kilometers away, her parents’ graves sat cleaned, adorned with fresh flowers. She hoped her sister would keep up the task in her absence, but she hadn’t been able to get ahold of her in quite some time. The feeling of the country was getting more concerned—"frantic" she explained, laughing, …
Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku
Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku
Emory International Law Review
In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that discriminate against women and frustrate their ability to realize the right to adequate housing. To enhance the ability of women to realize their right to adequate housing, each African State must domesticate the various international and regional human rights instruments that guarantee this right in order to …
Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo
Movement Lawyering: Rebuilding Community Power & Decentering Law, Sami Schramm, Naima Muminiy, Madison Sharp, Angela Altieri, Thea Cabrera Montejo
Human Rights Brief
On Thursday, February 16, 2023, the Human Rights Brief held its annual symposium entitled Movement Lawyering: Rebuilding Community Power and Decentering Law. It was organized by Angela Altieri, Madison Sharp, Naima Muminiy, Sami Schramm, Destiny Staten, Angel Gardner, Leila Hamouie, Fabian Kopp, Marnie Leonard, and Thea Cabrera Montejo. Together, the team curated a day full of empowering keynotes, inspiring panels, and an insightful workshop. The team also created a resource to document the event.
Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill
Movement Lawyering For Georgia Worker Cooperatives, Julian M. Hill
Human Rights Brief
Capitalism’s Contradictions in Atlanta. The Park Place and Auburn Avenue intersection in downtown Atlanta juxtaposes capitalism’s shiny veneer and putrid underbelly. Among Georgia State University’s multi-story buildings, Woodruff Park’s lush trees, and the vibrant Sweet Auburn neighborhood once home to Martin Luther King, Jr., diverse youth vying for class ascension and minority-owned businesses exemplifying Atlanta’s claim as an entrepreneurship hub populate the sidewalks. A deeper look, however, reveals cracks within the “Real Wakanda” facade. Wooden boards cover commercial space doors along Auburn Avenue, houseless folks support each other and request help from others around Woodruff Park, and students born into …
Principles On Effective Investigative Interviews: A New Instrument Of International Law, Juan E. Mendez, Matthew Ilsley
Principles On Effective Investigative Interviews: A New Instrument Of International Law, Juan E. Mendez, Matthew Ilsley
Human Rights Brief
International law absolutely prohibits torture and ill-treatment, yet such abuses remain prevalent and widespread. It most frequently occurs in the questioning of individuals by law enforcement, intelligence officials, and military personnel in the context of “fighting crime,” obtaining confessions, controlling detainees, and “counterterrorism.” The “Torture Memorandums,” exemplifying the deeply misguided practices used in the global fight against terror following the attacks of September 11, 2001, illuminated the pervasiveness of these practices.
Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner
Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner
Human Rights Brief
In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.
Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah
Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah
Human Rights Brief
In the last decade, India has seen a rise of extreme far-right nationalism often referred to as the “Hindutva movement.” While the movement existed even before India obtained its independence in 1947, it recently gained unprecedented popularity and support among Indian citizens and non-resident Indians. Among the factors responsible for the Hindutva movement’s current popularity is blatant support and affiliation from the ruling political party, the Bharatiya Janta Party (BJP). The BJP has been a leading endorser of the Hindutva ideology, bringing it back to the center stage of Indian politics.1 The rise and spread of the ideology and its …
China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck
China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck
Human Rights Brief
The concept of the North Korean defector is so pervasive that it tends to eclipse the legal reality: she is also a refugee. While the urgent economic prerogative for defecting has waned since the widespread North Korean famine of the 1990s, North Koreans continue to escape for various reasons, such as seeking a better standard of living, enjoying freedom of movement, and pursuing freedom of political and religious affiliation. The Democratic People’s Republic of Korea (DPRK) legislates serious, and even fatal, retribution for the crime of defecting. Yet, Chinese authorities refuse to acknowledge the refugee sur place status of the …
Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza
Access To Education: Protecting Students With Disabilities By Decriminalizing Behavior, Maria Jardeleza
Human Rights Brief
Contrary to international human rights standards, laws that criminalize disorderly and disruptive behavior in schools neglect the needs of students with disabilities. These laws lead to the exclusion of students with disabilities from educational settings and are applied unfairly against them. This Article will first look at state statutes and school policies that grant broad discretion in determining when and how to exclude students from learning opportunities through suspensions, expulsions, and referrals to law enforcement1. Understanding the use of these statutes against students within the context of the data on school discipline rates for students with disabilities shows the disproportionate …
The Failure Of The Italian Government To Honor The Human Rights Of Migrants, John Kerins
The Failure Of The Italian Government To Honor The Human Rights Of Migrants, John Kerins
Human Rights Brief
Italian Prime Minister Giorgia Meloni’s Parliament, feckless in the harsh waters of European politics, looks to be breaking on the very beaches where Allied forces once landed almost 80 years ago. The small island of Lampedusa remains a pricking thorn in the Italian government’s side, further complicating the testy waters with migrants coming in from the Mediterranean. To solve this, the Italian government has begun to violate the human rights of migrants and workers alike. Giorgia Meloni’s government has called for an ‘EU Naval Blockade’ of the Mediterranean, prompting outcry from human rights groups who correctly see what the rest …
Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov
Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov
Human Rights Brief
On January 31, 2020, Nikolay Sergeyevich Glukhin lodged a complaint to the European Court of Human Rights (ECtHR) arguing that the Russian government violated his right to respect for private life (Article 8) and freedom of expression (Article 10) under the European Convention on Human Rights (ECHR). Glukhin held a banner in metro station of Moscow to protest the detention and criminal proceedings against a political activist. Using CCTV cameras and videos taken by a passersby on an app called Telegram, the police managed to identify and arrest Glukhin. It investigated CCTV cameras installed in other stations for further inquiry …
Youth Voices For Human Rights Litigation In The Face Of Climate Change, Mckenzie Gallagher
Youth Voices For Human Rights Litigation In The Face Of Climate Change, Mckenzie Gallagher
Human Rights Brief
In the European Court of Human Rights (ECtHR), six young activists, age eleven to twentyfour, filed a case against thirty-two countries claiming violations of their human rights related to climate change. The Grand Chambers of the ECtHR heard the case, Duarte Agostinho and Others v. Portugal and Others, on September 27, 2023, but the court has yet to issue an opinion on the admissibility and merits of the claim. The case was granted priority status and deferred directly to the Grand Chambers due to the importance of the issue, climate change.
Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano
Former Peruvian President Fujimori's Forced Sterilization Program Faces Prosecution 26 Years Later, Taylor Potenziano
Human Rights Brief
In 1996, the Peruvian government under President Alberto Fujimori launched the National Reproductive Health and Family Planning Program (PNSRPF). While the government pitched the program as a way to promote access to family planning for low-income families and a way for women to be “masters of their own destiny,” the PNSRPF functioned as a forced sterilization program. From 1996 to 2001, 272,028 people were forcibly sterilized, the majority of them impoverished indigenous women from rural areas.
Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba
Beyond The Corporate Responsibility To Respect Human Rights In The Dawn Of A Metaverse, Kuzi Charamba
University of Miami International and Comparative Law Review
Technological advances in the 21st century pose new threats to human rights from business activities. In this new technological age, individuals and communities engage through an increasing myriad of digital means and platforms, all facilitated by a smaller, more powerful set of global BigTech companies, such as Microsoft, Apple, Google, and Meta (formerly known as Facebook). In so doing, however, our lives as workers, consumers, and citizens become subject to increasing corporate control through surveillance capitalism and algorithmic governance. With the dawn of metaverses—3D immersive digital environments in which you can interact with others via avatars and through virtual and …
Gender Justice And Human Rights Symposium: Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman
Gender Justice And Human Rights Symposium: Holistic Approaches To Gender Violence, Denisse Córdova Montes, Tamar Ezer, Reem Ali, Kayla Bokzam, Renu Sara Nargund, Megan Norris, Maxwell Zoberman
University of Miami International and Comparative Law Review
No abstract provided.
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
University of Miami International and Comparative Law Review
This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …
The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-Lopez, R. Denisse Córdova Montes, Max Zoberman
The Duty To Protect Survivors Of Gender-Based Violence In The Age Of Covid-19: An Expanded Human Rights Framework, Caroline Bettinger-Lopez, R. Denisse Córdova Montes, Max Zoberman
University of Miami International and Comparative Law Review
Many commentators have referred to domestic violence and other forms of gender-based violence (GBV) in the age of COVID-19 as a “double pandemic.” Based on results of a mixed-methods study on the impact of the COVID-19 pandemic on GBV in South Florida, conducted by the Human Rights Clinic of the University of Miami School of Law, in close collaboration with community-based organizations,1 this article offers a proposal for an expanded normative human rights framework to address domestic violence and other forms of GBV. The local study sought to elucidate the pathways that link pandemics such as COVID-19 and GBV, highlight …
The Iachr’S Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera, Soledad Garcia Muñoz
The Iachr’S Comprehensive Response To The Covid-19 Pandemic And Its Intersectional Impacts On Human Rights, Antonia Urrejola Noguera, Soledad Garcia Muñoz
University of Miami International and Comparative Law Review
The region of the Americas is facing unprecedented humanitarian and social challenges as a consequence of the Covid-19 pandemic. As such, the regional institutions need to deliver rapid and effective responses to the region’s inhabitants. In this way, the Inter-American Commission on Human Rights (hereinafter IACHR or the Commission) has aimed to deliver a timely answer so that States, the Civil Society, and stakeholders can assure individuals that the treatment of the pandemic incorporates a human rights approach from the Inter-American System’s framework. The purpose of this work will be to give a brief takeaway on how the IACHR has …
El Control Estatal De La (Des)Informacion En Internet En El Contexto De La Pandemia: Un Analisis De Las Tendencias Regionales Bajo Una Perspectiva De Libertad De Expresion, Paula Roko
American University International Law Review
El 3 de mayo de 2020, en el marco del Día Mundial de la Libertad de Prensa, el secretario general de la Organización de las Naciones Unidas (ONU) afirmó que la desinformación se ha convertido en la “segunda pandemia”. Unos meses antes, el Director General de la Organización Mundial de la Salud (OMS) ya había señalado que “las noticias falsas se difunden más rápido y con más facilidad que el virus, y que son igual de peligrosas”. Estos fueron comentarios recurrentes durante el 2020, un año que será recordado por el estallido de una pandemia mundial sin precedentes. Teorías conspirativas …
Estados De Emergencia En El Sistenma Interamericano De Derechos Humanos: Los Principales Retos De La Pandemia De Covid-19, Maria Agustina Bonella
Estados De Emergencia En El Sistenma Interamericano De Derechos Humanos: Los Principales Retos De La Pandemia De Covid-19, Maria Agustina Bonella
American University International Law Review
En las Américas, a medida que avanzaba la crisis sanitaria producida por la primera ola de la pandemia de COVID-19, los Estados han ido adoptando distintas medidas para ralentizar la propagación del virus y evitar el colapso de sus sistemas sanitarios, en miras a salvaguardar el derecho a la vida, a la integridad personal y a la salud de las personas que se encontraban sometidas a su jurisdicción. Estas medidas han incluido desde campañas de concientización sobre el lavado de manos, el distanciamiento social o el uso del barbijo, hasta medidas más extremas, como el cierre de escuelas y universidades; …
Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome
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”).
The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard
The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard
Human Rights Brief
Nicole Jacobson, an American Peace Corps Volunteer (PCV) in a Zambian village, was “far from home and feeling alone” when the father of the host family that the Peace Corps (“the agency”) placed her with sexually assaulted her. Jacobson reported the assault to Peace Corps staff, who told her it was a cultural misunderstanding and kept Jacobson at the site for more than a year before allowing her to leave in 2018. Unfortunately, Jacobson’s story is not unique. In fact, she is one of many Returned Peace Corps Volunteers (RPCVs) who have come forward in recent years to share stories …
Brazil’S Violence Against Indigenous Peoples, Andre Taylor
Brazil’S Violence Against Indigenous Peoples, Andre Taylor
Human Rights Brief
Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.