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Full-Text Articles in Law

Racial Indirection, Yuvraj Joshi Apr 2019

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed— and may continue to allow— efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. The Article then discusses the potential benefits and costs of adopting indirection in affirmative action, and describes disagreements among Justices about the value of indirection ...


The Constitutional Rights Of Advanced Robots (And Of Human Beings), R. George Wright Feb 2019

The Constitutional Rights Of Advanced Robots (And Of Human Beings), R. George Wright

Arkansas Law Review

Constitutional rights create and destroy otherwise available options for the rights-bearer, for governments, and for affected third parties. Thus, conferring a constitutional right always requires at least some minimal defense. But conferring a constitutional right can certainly be appropriate if the recipient of the right seems to deserve or otherwise qualify for the right in question, or if conferring the right makes sense on other, perhaps partly pragmatic, grounds.


Table Of Contents, Seattle University Law Review Feb 2019

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries Feb 2019

The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "The Christian Invention of Human Dignity" a lecture by Samuel Moyn, professor of law and history at Yale University, who argues that human dignity has to be linked to the invention of Christian democracy. The lecture is sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy Cross on February 26, 2019.


Medical Care In Urban Conflict, Kenneth Watkin Feb 2019

Medical Care In Urban Conflict, Kenneth Watkin

International Law Studies

The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care ...


The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman Feb 2019

The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman

All Dissertations, Theses, and Capstone Projects

Since the turn of the twenty-first century, the struggle for LGBTQ human rights has become a leading standard that depicts whether or not a state can be considered modern and progressive. Yet, while this new criterion seems to be supported by Global North states, other nations in other regions, like Egypt from the Middle East, North Africa (MENA) has criticized the international pressure to implement this standard as neo-imperialist and inauthentic to its Muslim-Arab culture. Egypt claims to be the universal Arab-Muslim voice for the MENA region and has become one of the greatest challengers to the international campaign for ...


Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker Jan 2019

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.


Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto Jan 2019

Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto

Ocean and Coastal Law Journal

Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board ...


Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger Jan 2019

Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger

University of Miami Inter-American Law Review

No abstract provided.


The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons Jan 2019

The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons

Faculty Scholarship at Penn Law

The proliferation of Global Performance Indicators (GPIs), especially those that rate and rank states against one another, shapes decisions of states, investors, bureaucrats, and voters. This power has not been lost on the World Bank, which has marshaled the Ease of Doing Business (EDB) index to amass surprising influence over global regulatory policies – a domain over which it has no explicit mandate and for which there is ideological contestation. This paper demonstrates how the World Bank’s EDB ranking system affects policy through bureaucratic, transnational, and domestic-political channels. We use observational and experimental data to show that states respond to ...


“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols Jan 2019

“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols

SMU Law Review

This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.

This article focuses on a particular ...


Borders Rules, Beth A. Simmons Jan 2019

Borders Rules, Beth A. Simmons

Faculty Scholarship at Penn Law

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active ...


Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke Jan 2019

Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke

American University Journal of Gender, Social Policy & the Law

Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights ...


Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions, Valentina Okaru-Bisant Jan 2019

Overcoming Institutional And Legal Barriers That Prevent Abused Females From Accessing Justice In Fragile Nigerian Regions, Valentina Okaru-Bisant

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Call For Papers 2019: The Social Practice Of Human Rights, University Of Dayton Jan 2019

Call For Papers 2019: The Social Practice Of Human Rights, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

2019 marks 30 years since the end of the Cold War and the beginning of an era pregnant with promise and potential for human rights, democracy, and global governance.

Yet today, global capitalism drives widening and deepening inequalities. Its dependence on natural resource extraction and exploitation is hastening ecological collapse. Authoritarianism and populism have risen from the rubble of liberalism’s inability to deliver on its pledges. Technology, once promoted as a panacea for transnational boundary breaking and democratization, further empowers the powerful to reshape politics and upend notions of privacy, social life, information, employment, and even biology.

Critics have ...


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 6.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet Dec 2018

Book (Oup) - Proportionality Balancing And Constitutional Governance - Chapter 2.Pdf, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers Dec 2018

Rethinking The Federal Indian Status Test: A Look At The Supreme Court's Classification Of The Freedmen Of The Five Civilized Tribe Of Oklahoma, Clint Summers

American Indian Law Journal

No abstract provided.


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai Dec 2018

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


A Moratorium On The Presentation Of Dna Evidence, Declan Riley Kunkel Dec 2018

A Moratorium On The Presentation Of Dna Evidence, Declan Riley Kunkel

International Social Science Review

In recent decades, DNA evidence has become something of a pop-culture phenomenon. All too often, DNA evidence is shown as irrefutable fact, a scientific fingerprint that allows for a black-and-white determination of guilt or innocence. Unfortunately, such depictions are inaccurate and dangerous. This paper attempts to address this danger by calling for a temporary moratorium on the presentation of DNA evidence at trial, implemented until federal standards are put in place to regulate the presentation of DNA evidence, and until robust studies indicate the prevalence of DNA transfer.This paper will demonstrate that DNA analysis schemes are dangerously flawed and ...


Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider Dec 2018

Tall Tales Of Danger And Security: How A Critical Human Security Approach Can Address Major Contradictions Revealed Through A Critical Narrative Analysis Of Dominant U.S. Security Strategies, Stephen Schneider

Master's Theses

Over many generations, humans have developed many perspectives and practices regarding the best ways to recognize and address what they perceive to be dangerous. Stories are used to help shape and narrate perceptions about the world, and they serve to pass on vital information that impacts how a society responds to threats and vulnerabilities. These narratives of danger and security are subjective to the experiences and political intentions of society, and therefore in many ways are partial and biased in their assessments and policies. This results in flawed security practices that may actually exacerbate threats or create new insecurities. What ...


A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller Dec 2018

A Conversation With The Honorable Rosalie Silberman Abella And Dean Matthew Diller, Rosalie Silberman Abella, Matthew Diller

Fordham Law Review

DEAN MATTHEW DILLER: This year we are leading up to our celebration of 100 Years of Women at Fordham Law School. In September 1918, the Fordham Law faculty voted to admit women, and we are planning to celebrate that in style. But tonight perhaps is a bit of a teaser for that. Justice Rosalie Silberman Abella is a woman of firsts. She is the first Jewish woman to sit on the bench of the Supreme Court of Canada, and before the Supreme Court, when she was appointed to the Ontario Family Court in 1976, she became the first Jewish woman ...


The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer Dec 2018

The Duty To Prevent Genocide Under International Law: Naming And Shaming As A Measure Of Prevention, Björn Schiffbauer

Genocide Studies and Prevention: An International Journal

In contrast to prosecuting and punishing committed acts of genocide, the Genocide Convention is silent as to means of preventing future acts. Today it is generally accepted that the duty to prevent is legally binding, but there is still uncertainty in international law about its specific content. This article seeks to fill this gap in the light of the object and purpose of the Genocide Convention. It provides a minimum requirement approach, i.e. indispensable State actions to comply with their duty to prevent: naming and shaming situations of genocide as what they are. Even situations from times before the ...


Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick Dec 2018

Straining To Prevent The Rohingya Genocide: A Sociology Of Law Perspective, Katherine Southwick

Genocide Studies and Prevention: An International Journal

This paper analyzes the generally muted international response to the protracted plight of the Rohingya, a persecuted Muslim minority in Myanmar, from the perspective of sociology of law. The first part provides background on the Rohingya crisis and discusses relevant international legal frameworks relating to crimes against humanity and genocide. The second part adapts analytical frameworks developed by Felstiner, Abel, and Sarat on the emergence and transformation of disputes, in order to examine some of the factors that frustrate the processes of naming crimes, blaming perpetrators, and claiming rights and protection for the Rohingya minority in the international context. Work ...


Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell Dec 2018

Case Note: Case Of Araya V. Nevsun Resources Ltd In The Canadian Courts, Jolene Hansell

Genocide Studies and Prevention: An International Journal

No abstract provided.


“Insensitive Advertising” Of Foreign Domestic Workers In Singapore: A Violation Of Human Dignity, Benjamin Joshua Ong Dec 2018

“Insensitive Advertising” Of Foreign Domestic Workers In Singapore: A Violation Of Human Dignity, Benjamin Joshua Ong

Research Collection School Of Law

Singapore’s Ministry of Manpower has suspended the licence of an employment agency for advertising the services of foreign domestic workers in an “insensitive” manner which portrayed the workers as a “commodity that can be bought and sold”. It also prosecuted the agency and the employee responsible for the advertisements; the employee has pleaded guilty. The Ministry’s actions are a welcome development in the evolution of the concept of a right to human dignity in Singapore law.


The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein Dec 2018

The Irony Of The Arab Springs In Tunisia: Democratic Governance And Women's Rights, Jalea Finkelstein

Capstone Projects and Master's Theses

The Arab Springs were a series of revolutions that took place in the Middle East which first came about in the country of Tunisia. Tensions over governmental corruption, poor economic standings, unemployment, lack of political freedom, and little progress for women’s rights. From the fall of the Ben Ali Regime to the rise of the Ennahda Islamist Party, it has truly impacted Women’s Rights in such a unique way that has shaped a great revolution. These tensions also created a domino effect throughout the Arab World which affected countries such as Egypt, Libya, Yemen, and Syria. The role ...


Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon Dec 2018

Hb 803 - Crimes And Offenses, Scott P. Robertson, Sharnell S. Simon

Georgia State University Law Review

The Act criminalizes the trafficking of elders, disabled adults, and residents for the purpose of appropriating their resources, such as Social Security and disability benefits. According to the Act, this conduct constitutes a felony and those convicted could serve up to twenty years in prison or receive a fine of up to $100,000, or both. The Act defines relevant terms, exempts physicians and other health care providers who act pursuant to lawful authorization, and repeals all conflicting laws.


Minding The Gap: Pay Equity And The Role Of Law In Narrowing Canada's Gender Wage Gap, Jennifer D. Beaudoin Nov 2018

Minding The Gap: Pay Equity And The Role Of Law In Narrowing Canada's Gender Wage Gap, Jennifer D. Beaudoin

Electronic Thesis and Dissertation Repository

Canada has a gender wage gap. Gender discrimination is one of the factors underlying that gap. The goal of this thesis is to determine if Canadian law can be used to narrow the gender wage gap and if so, what legal reforms should be made? To meet these ends this thesis examines the evolution of relevant Canadian human rights and pay equity law and makes comparisons between the types of laws specific jurisdictions use and the size of their respective gender wage gaps. The focus then shifts to laws enacted in foreign jurisdictions that Canada could adopt to further address ...


Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Cheek M.S., Lindsey Peterson Phd Nov 2018

Sorting Out Concern: European Attitudes Toward Human Trafficking, Jennifer Cheek M.S., Lindsey Peterson Phd

Societies Without Borders

No abstract provided.