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Full-Text Articles in Law

Joint Declaration On Freedom Of Expression And “Fake News,” Disinformation, And Propaganda, Mickey Huff Feb 2018

Joint Declaration On Freedom Of Expression And “Fake News,” Disinformation, And Propaganda, Mickey Huff

Secrecy and Society

No abstract provided.


Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott Feb 2018

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as ...


Protests, Terrorism, And Development: On Ethiopia's Perpetual State Of Emergency, Awol Allo Feb 2018

Protests, Terrorism, And Development: On Ethiopia's Perpetual State Of Emergency, Awol Allo

Yale Human Rights and Development Journal

On October 8, 2016, the Ethiopian government officially declared a nationwide state of emergency in response to a year-long protest by members of Ethiopia's two largest ethnic groups, the Oromo and the Amhara. The Directive issued to implement the state of emergency institutes a new normative regime, astonishing in scope and scale, in which the de jure reversal of the relationship between the rule and the exception has culminated in a new legal reality. This Article argues that Ethiopia's de jure emergency is merely the latest manifestation of the de facto state of emergency in operation since the ...


The Efficacy Of National Human Rights Institutions Seen In Context: Lessons From The Myanmar National Human Rights Commission, Jonathan Liljeblad Feb 2018

The Efficacy Of National Human Rights Institutions Seen In Context: Lessons From The Myanmar National Human Rights Commission, Jonathan Liljeblad

Yale Human Rights and Development Journal

In Human Rights Resolution 2005/74, the United Nations Commission
on Human Rights recognized the importance of National Human Rights Institutions (NHRis) in protecting human rights and called for further work to nurture their growth. In an effort to address critiques that it fell short of U.N. expectations for NHRis, in March 2014 Myanmar's government enacted the Myanmar National Human Rights Commission Law to reform the Myanmar National Human Rights Commission (MNHRC) in accord with the Paris Principles.


The Risk Of Statelessness: Reasserting A Rule For The Protection Of The Right To Nationality, David C. Baluarte Feb 2018

The Risk Of Statelessness: Reasserting A Rule For The Protection Of The Right To Nationality, David C. Baluarte

Yale Human Rights and Development Law Journal

A global effort to combat statelessness and defend the universal right to
nationality is currently underway. Nevertheless, questions persist about the proper scope of the right to nationality, the appropriate form of statelessness protection, and the legal limits of state discretion to deny or deprive an individual of nationality. These questions have animated a heated transnational debate about statelessness in Hispaniola, where the government of the
Dominican Republic has designed a legal system that excludes persons of Haitian descent from Dominican nationality. Central to this conflict is a question about whether actions by the Dominican state leave persons of Haitian ...


Rights-Based And Tech-Driven: Open Data, Freedom Of Information, And The Future Of Government Transparency, Beth Simone Noveck Feb 2018

Rights-Based And Tech-Driven: Open Data, Freedom Of Information, And The Future Of Government Transparency, Beth Simone Noveck

Yale Human Rights and Development Journal

Open data policy mandates that government proactively publish its data
online for the public to reuse. It is a radically different approach to transparency than traditional right-to-know strategies as embodied in Freedom of Information Act (FOIA) legislation in that it involves ex ante rather than ex post disclosure of whole datasets. Although both open data and FOIA deal with information sharing, the normative essence of open data is participation rather than litigation. By fostering public engagement, open data shifts the relationship between state and citizen from a monitorial to a collaborative one, centered around using information to solve problems together.


Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc Feb 2018

Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc

Pace International Law Review

Case law from the European Court of Human Rights demonstrates to the U.S. Supreme Court how a pluralistic neutrality principle can enrich the American society and harness the value of faith in the public sphere, while at the same time retaining the vigorous protection of individual religious rights. The unfortunate alternative to a jurisprudence built around pluralistic neutrality is the inevitability of intolerant secularism—an increasingly militant separation of religious ideals from the public life, leading ultimately to a repressive society that has no room in its government for religious citizens. The results of intolerant secularism are seen in ...


Gmos, International Law And Indigenous Peoples, Casandia Bellevue Feb 2018

Gmos, International Law And Indigenous Peoples, Casandia Bellevue

Pace International Law Review

This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups.

This Article seeks to answer the following questions: What are the international agreements ...


Sanctuary Campuses: To Be Or Not To Be, That Is The Question, Renei Caballes Jan 2018

Sanctuary Campuses: To Be Or Not To Be, That Is The Question, Renei Caballes

GGU Law Review Blog

In addition to cities affirming their status as sanctuaries to undocumented immigrants, college campuses have also pressured their administrations to declare their campuses sanctuaries in order to combat the President’s attacks on the undocumented members of their student bodies. Despite this pressure, many campuses are reluctant to definitively state whether or not they will be considered a “sanctuary campus” given the potential consequences of such a declaration, namely having their vital federal funding stripped. Further, for institutions that are willing to deem themselves sanctuary campuses, it is unclear just what a sanctuary campus will look like and entail. While ...


Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe Jan 2018

Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe

Annual Survey of International & Comparative Law

Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy ...


Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker Jan 2018

Martin Luther King Jr. On Economy, Ecology, And Civilization: Toward A Mlk Jr-Inspired Ecotheology, Theodore Walker

Perkins Faculty Research and Special Events

This MLK Jr-inspired ecotheology [eco-theology] connects “economics,” “ecology,” and “ecological civilization” to the theological ethics of Rev. Dr. Martin Luther King Jr.

Though we often remember King primarily as a domestic civil rights leader; attention to King’s book—Where Do We Go from Here: Chaos or Community? (1967) reveals that he advanced a global ethics. King called for replacing recourse to war with nonviolent resistance to evil, and for abolishing poverty throughout “the world house.” He prescribed that we “civilize ourselves by the total, direct and immediate abolition of poverty.” King was concerned with civilizing “the world house” (house ...


Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin Jan 2018

Dorothy Moser Medlin Papers - Accession 1049, Dorothy Moser Medlin

Manuscript Collection

(The Dorothy Moser Medlin Papers are currently in processing.)

This collection contains most of the records of Dorothy Medlin’s work and correspondence and also includes reference materials, notes, microfilm, photographic negatives related both to her professional and personal life. Additions include a FLES Handbook, co-authored by Dorothy Medlin and a decorative mirror belonging to Dorothy Medlin.

Major series in this collection include: some original 18th century writings and ephemera and primary source material of André Morellet, extensive collection of secondary material on André Morellet's writings and translations, Winthrop related files, literary manuscripts and notes by Dorothy Medlin (1966-2011 ...


Decriminalization Of Prostitution: The Soros Effect, Jody Raphael Jan 2018

Decriminalization Of Prostitution: The Soros Effect, Jody Raphael

Dignity: A Journal on Sexual Exploitation and Violence

This article explores the activities of George Soros and his charitable organization, Open Society Foundations (OSF), in advocating for the full decriminalization of the sex trade industry. Research finds that OSF spends only a small amount of money on grass roots “sex worker” groups around the world advocating for full decriminalization, but the foundation awards larger amounts of funds to large human rights groups whose reports and policies have a wider reach. OSF’s rationale for full decriminalization fails to consider violence and coercion in the sex trade industry, misreads research, and does not include research from venues where full ...


Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews Jan 2018

Book Review: The Pimping Of Prostitution: Abolishing The Sex Work Myth By Julie Bindel, Roger Matthews

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose Jan 2018

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll Dec 2017

Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll

Gregor Noll


In this contribution I argue that the asylum and migration control policies of the EU are usefully analysed as an expression of liberal thought. I will show how the roots of these policies go all the way back to the creation of the Union in the 50s and illustrate how this heritage affects the prevailing rules in the areas of migration and asylum. I shall also highlight how this order was paradoxically strengthened during the crisis of 2015 and 2016. I will explain why the concept of solidarity in EU law is poorly constructed and map possible solutions. If the ...


Pallares, Una Introducción A La Relación Entre Jacques Maritain Y Algunos Redactores Nucleares De La Dudh, Pedro Pallares Dec 2017

Pallares, Una Introducción A La Relación Entre Jacques Maritain Y Algunos Redactores Nucleares De La Dudh, Pedro Pallares

Pedro Pallares

This article offers an introduction to Jacques Maritain’s relation to some of the key drafters of the Universal Declaration of Human Rights. First, we will describe the marginal role of Maritain in the drafting process; then, we will explain some of the French philosopher’s encounters with the most important drafters of this historical document. The aim of this paper is to introduce the ways in which J. Maritain might have influenced the writing process of the Declaration and its definitive presentation. 

En este artículo se ofrece una introducción a la relación entre Jacques Maritain y algunos redactores de ...


International Corporate Obligations, Human Rights, And The Urbaser Standard: Breaking New Ground? Dec 2017

International Corporate Obligations, Human Rights, And The Urbaser Standard: Breaking New Ground?

Kevin Crow

The December 2016 ICSID Tribunal Award of Urbaser v. Argentina—the latest in the ISDS arbitral saga spawned by the 2001 Argentine financial crisis—has caused quite a stir amongst international human rights lawyers who speculate that the decision may signal an ‘inroad’ to hold corporations liable for human rights violations under public international law. Accordingly, this paper poses the question: What does Urbaser actually change about international arbitral practice? Or put another way, should international lawyers ‘believe the hype’? Through a hypothetical testing of the standards Urbaser sets forth (including an analysis of the mens rea standards Urbaser requires ...


International Differences In Support For Human Rights, Sam Mcfarland Phd Dec 2017

International Differences In Support For Human Rights, Sam Mcfarland Phd

Societies Without Borders

International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in ...


Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd Dec 2017

Rainbows For Rights: The Role Of Lgbt Activism In Gay Rights Promotion, Victor Asal Phd, Amanda Murdie Phd, Udi Sommer Phd

Societies Without Borders

Are advocacy efforts successful in improving the de jure rights of sexual minorities? In this paper, we argue that the lesbian, gay, bisexual, and transgender (LGBT) rights NGO movement has been a powerful force in the struggle against sexual discrimination. However, the work of LGBT organizations is much harder in areas of the world where pre-existing public attitudes are not supportive of the rights in question. By focusing on the issue of sexual minority rights, we are able to see how underlying public attitude divergence on a human rights issue can influence advocacy success. We test the implications of our ...


Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw Dec 2017

Notes From The Field: It’S Not About Love: Brazilian Social Work Celebrates 80 Years In The Fight For Social Rights, Jane Mcpherson Phd, Mph, Lcsw

Societies Without Borders

In 2016, Brazilian social work celebrated 80 years of existence. This writer, a U.S. social worker, traveled south to participate in the celebrations, and to observe—and reflect upon—the role of human rights activism in the practice of our shared profession. This article will discuss both Brazil’s history and its social work profession as they relate to human rights, and highlight ways that Brazilian social workers speak about human rights that challenge the author to become a better social worker and educator.


Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd Dec 2017

Review Of Deported: Immigrant Policing, Disposable Labor, And Global Capitalism. By Tanya M. Golsh-Boza. New York: Nyu Press, 2015., Katie Dingeman Phd

Societies Without Borders

No abstract provided.


Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd Dec 2017

Who Says Human Rights Are Not Respected? Assessing Local And Third Party Ratings, Rob Clark Phd

Societies Without Borders

Country ratings of human rights conditions are now quite popular in macro comparative research. However, little is known as to whether (or to what extent) these scores correspond with mass sentiment in each country. Do local ratings issued by the public correspond with third party ratings, such as those produced by the Cingranelli-Richards index (CIRI), the Political Terror Scale (PTS), and Freedom House (FH)? In this study, I address this question, drawing from the most recent wave of the World Values Survey (2010 – 2014), in which respondents from 59 countries are asked to assess the level of respect for individual ...


The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd Dec 2017

The Political Economy Of Resource Conflicts And Forced Migration: Why Afghanistan, Colombia And Sudan Are The World's Longest Forced Migration, Tarique Niazi Phd, Jeremy Hein Phd

Societies Without Borders

Afghanistan, Colombia, and Sudan are the world’s three longest producers of refugees and internally displaced persons (IDPs). Why? To answer this question, we evaluate the conventional and dominant geopolitical model of forced migration, as well as alternative models that focus on resource-based conflicts and political economy. We demonstrate that in each of the three cases, natural resources are at the heart of the conflicts that precede the involuntary movement of people both across international borders (refugees) and within national borders (IDPs). But the presence of resources by itself does not cause conflicts or forced migration. In Afghanistan, Colombia and ...


Human Rights Attitudes, Brian K. Gran Phd Dec 2017

Human Rights Attitudes, Brian K. Gran Phd

Societies Without Borders

No abstract provided.


Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd Dec 2017

Migrating Selves: Counteracting An Unwelcoming Ethos Of Reception, Saloshna Vandeyar Phd, Thirusellvan Vandeyar Phd

Societies Without Borders

Utilising the research methodology of narrative inquiry, this study set out to explore how Nigerian immigrant academics counteracted an unwelcoming ethos of reception at a South African university. Data capture comprised a mix of semi-structured interviews, observations, field notes and a researcher journal. Data was analysed utilising qualitative content analysis. Findings reveal that the resiliency process of Nigerian immigrant academics was triggered by ecological sources within the context of the academe and surfaced in the form of resilient qualities. Nigerian immigrant academics drew on specific internal assets and external resources to circumvent the effects of various stressors as well as ...


Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd Dec 2017

Review Of Aid In Danger: The Perils And Promise Of Humanitarianism. By Larissa Fast. Philadelphia: University Of Pennsylvania Press, 2014. 326 Pages., Meltem Ince Yeilmez Phd

Societies Without Borders

No abstract provided.


Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012., Susan C. Pearce Phd Dec 2017

Review Of Silent Violence: Neoliberalism, Islamist Politics And The Akp Years In Turkey. Edited By Simten Coşar & Gamze Yücesan-Özdemir. Ottawa: Red Quill Press, 2012., Susan C. Pearce Phd

Societies Without Borders

No abstract provided.


Ermold Files Paperwork To Challenge Davis, The Morehead News Dec 2017

Ermold Files Paperwork To Challenge Davis, The Morehead News

Media Collection

No abstract provided.


Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth Dec 2017

Gay Man Denied A Marriage License By Kim Davis Wants To Run Against Her, Benjamin Butterworth

Media Collection

No abstract provided.