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Full-Text Articles in Law

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. Dec 2020

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton Dec 2020

Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton

Seattle Journal of Technology, Environmental & Innovation Law

With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...


Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu Jun 2020

Rights Of Nature And Indigenous Cosmovision: A Fundamental Inquiry, Jingjing Wu

OSSA Conference Archive

In this paper, I ask whether we can weigh and balance indigenous cosmovision—the reasoning used as the main source of legitimacy in some rights of nature legislation—within a secular legal system. I examine three barriers that rights of nature and their corollary spiritual reasoning are likely to encounter if they are invoked in secular courts: (a) spiritual reasoning is non-defeasible (Part 3) and (b) irrational (Part 4), and (3) the current concept of human rights as a universal legal norm is based on a circular logic (Part 5). In order to overcome these barriers, I draw inspiration from ...


The Individual Right Against Binary Identify, Colin Pochie Jun 2020

The Individual Right Against Binary Identify, Colin Pochie

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy Jun 2020

Impact Statements: Giving A Voice To Sexual Assault Survivors, Anamika Roy

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Human Rights And Global Health Emergencies Preparedness, Andrea Boggio Jun 2020

Human Rights And Global Health Emergencies Preparedness, Andrea Boggio

History and Social Sciences Faculty Journal Articles

The spread of infectious disease is always ranked high as a global threat. It features prominently among the list of urgent health challenges for the next decade, issued in early January 2020 by WHO. The emergence of the 2019 Novel Coronavirus (COVID-19) in the Hubei Province in China, is a reminder of global health vulnerabilities.


Masthead May 2020

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Artificial Entities With Natural Rights: Pursuing Profits At The Expense Of Human Capital, Loren M. Findlay May 2020

Artificial Entities With Natural Rights: Pursuing Profits At The Expense Of Human Capital, Loren M. Findlay

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the legal and constitutional rights granted to corporations and highlights how these corporate benefits are often at the expense of individuals. Over the past century, the corporation has evolved, taking on human-like characteristics. While many statutes and the Constitution use the word “person,” courts have inconsistently interpreted the definition of “person” in determining when it expands to corporations. In courts’ ad hoc analysis and interpretation, individuals get the metaphorical short-end of the stick.

The First Amendment of the Constitution was interpreted by the U.S. Supreme Court to afford the right of free speech to corporations in ...


Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum May 2020

Sentencing Disparities And The Dangerous Perpetuation Of Racial Bias, Jelani Jefferson Exum

Washington and Lee Journal of Civil Rights and Social Justice

This Article addresses the role that racial disparities—specifically sentencing disparities—play in perpetuating the racial bias that increases the daily danger of living as a Black American in the United States. As documented in the news and by sometimes humorous internet memes, White people have called the police many times to report Black people who were simply living as any other American. This trend highlights the manner in which the U.S. criminal justice system’s racial inequities feed into biased beliefs about Black criminality. This Article argues that instead of tackling implicit bias as a means to fight ...


Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin May 2020

Article Iii Adultification Of Kids: History, Mystery, And Troubling Implications Of Federal Youth Transfers, Mae C. Quinn, Grace R. Mclaughlin

Washington and Lee Journal of Civil Rights and Social Justice

There is no federal juvenile court system in the United States. Rather, teens can face charges in Article III courts and can be transferred to be tried and sentenced as adults in these venues. This Article is the first of two articles in the Washington and Lee Journal of Civil Rights and Social Justice seeking to shed light on the largely invisible processes and populations involved in federal youth prosecution. This Article focuses on the federal transfer and prosecution of American youth as adults. It considers constitutional and statutory law relating to these federal transfers and then considers why current ...


Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark May 2020

Enforcement Of The Americans With Disabilities Act: Remedying “Abusive” Litigation While Strengthening Disability Rights, Evelyn Clark

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the Americans with Disabilities Act and the private litigation used to enforce compliance. While the ADA was designed to be enforced by private citizens, many have called for reform to limit what they see as “abusive” litigants. This Note focuses on (1) the perceived problem of vexatious litigants abusing the ADA and its state counterparts to benefit monetarily, (2) the attempted solutions on both a state and federal level, and (3) recommended solutions that focus on protecting the rights of individuals with disabilities while limiting abusive litigation meant to extort businesses.


Crime And Punishment: Considering Prison Disciplinary Sanctions As Grounds For Departure Under The U.S. Sentencing Guidelines, Madison Peace May 2020

Crime And Punishment: Considering Prison Disciplinary Sanctions As Grounds For Departure Under The U.S. Sentencing Guidelines, Madison Peace

Washington and Lee Journal of Civil Rights and Social Justice

There are currently over 175,000 federal inmates in the United States, 146,000 of whom are held in custody by the Federal Bureau of Prisons. When an inmate in federal prison commits a federal crime, he can be both sanctioned by the Federal Bureau of Prisons and referred to a United States Attorney for prosecution of the crime in federal district court. In the federal district court, a judge will look to the U.S. Sentencing Guidelines as a starting point to determine an appropriate sentence.

One question that the U.S. Sentencing Commission has not addressed, and on ...


Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett May 2020

Federal Sentencing: A Judge’S Personal Sentencing Journey Told Through The Voices Of Offenders He Sentenced, Mark W. Bennett

Washington and Lee Journal of Civil Rights and Social Justice

Federal sentencing is a tragic mess. Thirty years of conflicting legislative experiments began with high hopes but resulted in mass incarceration. Federal sentences, especially in drug cases, are all too often bone-crushingly severe.

In this Article, the Honorable Mark Bennett, a retired federal judge, shares about his journey with federal sentencing and his strong disagreement with the U.S. Sentencing Guidelines by telling the stories of some of the 400 men and women he sentenced during his twenty-five years as a federal judge.


Table Of Contents May 2020

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner May 2020

Reforming Federal Sentencing: A Call For Equality-Infused Menschlichkeit, Nora V. Demleitner

Washington and Lee Journal of Civil Rights and Social Justice

This piece is based on Professor Demleitner's introduction of the JCRSJ Symposium, Issues in Federal Sentencing: Privilege, Disparity, and a Way Forward, November 15, 2019.

This Introduction first focuses on the value of a symposium on federal sentencing as a teaching, research, and advocacy tool. The second section centers on questions of equality and equitable treatment in federal sentencing. It details how unfair sentencing has been to minority defendants and then highlights the broader ramifications of those injustices in reinforcing bias and racial stereotyping. The guidelines have both mitigated and reinforced racial disparities. Technology and empirical research may provide ...


Technology’S Influence On Federal Sentencing: Past, Present, And Future, Matthew G. Rowland May 2020

Technology’S Influence On Federal Sentencing: Past, Present, And Future, Matthew G. Rowland

Washington and Lee Journal of Civil Rights and Social Justice

The comprehensive reforms that govern today’s federal sentencing processes were fashioned nearly forty years ago. Those reforms were designed to address concerns regarding the effectiveness, transparency, and fairness of the preexisting indeterminant sentencing system. Today, criticisms are mounting against the very reforms that were once held out to save the sentencing process. The more determinant system is being accused of being biased against minorities, overly harsh, and costly.

This Article explores how the criminal justice system might look to technology and build on the practical experience from the indeterminant and determinant systems. Tools such as Artificial Intelligence (AI) can ...


Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy May 2020

Seeking Remedies For Lgbtq Children From Destructive Parental Authority In The Era Of Religious Freedom, Roy Abernathy

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the intersection of parents’ rights, religious rights, state’s rights, and children’s rights. This Note analyzes the development of children’s rights and how those rights may be applied to current state religious exemption policies that affect the health of LGBTQ children. This Note will argue that in the absence of direct federal legislation to stop the harm of LGBTQ children, four possible remedies may exist to protect LGBTQ children. These remedies include states asserting parens patriae authority, children asserting substantive due process claims, children utilizing partial emancipation statutes, or children utilizing mature minor exemptions, which ...


Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Penelope Simons, Naiomi Metallic, Meinhard Doelle, Bayo Majekolagbe, Sara L. Seck May 2020

Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Penelope Simons, Naiomi Metallic, Meinhard Doelle, Bayo Majekolagbe, Sara L. Seck

Responsible Business Conduct and Impact Assessment Law

This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.


The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao May 2020

The Bumpy Road Of Home States’ Regulation Of Globalized Businesses—Legal And Institutional Disruptions To Supply Chain Disclosure Under The Modern Slavery Act, Shuangge Wen, Jingchen Zhao

Catholic University Law Review

In response to the paradigm shift from territorial corporations to global businesses and supply chains, states are increasingly engaging in regulating extraterritorial business activities, supply chain disclosure regulation being a primary example. Much ink has thus far spilled on the intrinsic doctrinal and conceptual aspects of this regulatory approach, with its interactions to the external regulatory and institutional environment far less considered. This article seeks to correct the scholarly imbalance by critically examining how s.54 of the UK Modern Slavery Act (MSA) – a prominent attempt among state-level initiatives designed to promote human rights protection within global supply chains – fits ...


Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World By Michael J. Bazyler, Irina Samborski May 2020

Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World By Michael J. Bazyler, Irina Samborski

Osgoode Hall Law Journal

LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University’s Fowler School of Law refutes the notion that the Holocaust was an extralegal event—instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that ...


Human Rights In Global Health: Rights- Based Governance For A Globalizing World Edited By Benjamin M. Meier And Lawrence O. Gostin1, Regiane Garcia, Kristi Heather Kenyon May 2020

Human Rights In Global Health: Rights- Based Governance For A Globalizing World Edited By Benjamin M. Meier And Lawrence O. Gostin1, Regiane Garcia, Kristi Heather Kenyon

Osgoode Hall Law Journal

THIS GROUNDBREAKING COMPILATION, edited by two scholars who helped to establish the “health and human rights” field, systematically explores the structures and processes of human rights implementation in global health institutions while arguing that a rights-based approach to health governance advances global health. The 640-page volume brings together forty-six experienced scholars and practitioners who have contributed to twenty-five chapters organized into six thematic sections. This “unprecedented collection of experts” provides unique, hands-on insights into how the “institutional determinants of the rights-based approach to health” facilitate—or hinder—the “mainstreaming” of human rights into global health interventions. The institutional determinants, which ...


Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018, Ramat Tobi Abudu May 2020

Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018, Ramat Tobi Abudu

The Transnational Human Rights Review

No abstract provided.


Implementing Undrip In Canada: Any Role For Corporations?, Basil Ugochukwu May 2020

Implementing Undrip In Canada: Any Role For Corporations?, Basil Ugochukwu

The Transnational Human Rights Review

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) offers guidance on how the rights of indigenous populations could be protected in the context of member states of the United Nations. While the Declaration prescribes what states need to do to effectively realize its objective, question is whether there are expectations on non-state actors such as corporations to contribute towards attaining those objectives. Though on the one hand the UNDRIP is textually not directed at corporations, on the other hand, corporations are routinely implicated in environments where massive violations of indigenous rights have occurred in various regions of ...


Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights, Simon Zschirnt May 2020

Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights, Simon Zschirnt

The Transnational Human Rights Review

The African Court on Human and Peoples’ Rights took its place as the youngest of the three regional human rights courts with its establishment in 2006. However, the Court’s jurisdiction remains a work in progress. Thirty of the African Union’s fifty-five member states have ratified the protocol allowing the African Commission on Human and Peoples’ Rights to refer cases to the Court but only ten have made the optional declaration allowing individuals direct access. Previous research has indicated that transitional states desirous of “locking in” new commitments to democracy and human rights have been particularly likely to ratify ...


International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective, Obiora C. Okafor, Uchechukwu Ngwaba May 2020

International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective, Obiora C. Okafor, Uchechukwu Ngwaba

The Transnational Human Rights Review

The landscape for the implementation of the right to development has undergone significant transformative shifts with the recent establishment of a new expert mechanism on the right to development by the UN Human Rights Council, and the finalisation of a draft treaty on the right to development. Yet, much more can clearly still be done to strengthen UN, state and non-state actors thinking on accountability in the implementation of the right to development, to add to the already considerable progress that has taken place. Our paper explores what can be done, focusing on the African and international context. We conclude ...


Speak Up, Or Not: Lack Of Freedom Of Speech Protection In Vietnam, Its Global Impact, And Proposed Solutions For Adequate Remedies, H. Grant Doan May 2020

Speak Up, Or Not: Lack Of Freedom Of Speech Protection In Vietnam, Its Global Impact, And Proposed Solutions For Adequate Remedies, H. Grant Doan

Georgia Journal of International & Comparative Law

No abstract provided.


Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett May 2020

Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett

Georgia Journal of International & Comparative Law

No abstract provided.


“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day May 2020

“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day

Honors Theses

From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide ...


The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul May 2020

The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul

University of Miami Inter-American Law Review

No abstract provided.


Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng May 2020

Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng

Immigration and Human Rights Law Review

The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws ...