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Full-Text Articles in Law
Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu
Human Rights, Human Duties: Making A Rights-Based Case For Community-Based Restorative Justice, Aparna Polavarapu
William & Mary Journal of Race, Gender, and Social Justice
Restorative justice is often framed as an alternative to the criminal legal system, and thus justifications of restorative justice tend to be rooted in the language of the criminal system. However, this approach limits our way of thinking about the practice of restorative justice, especially non-state, community-based practices. This Article argues for an independent, rights-based justification to support these community-based practices. By offering an in-depth analysis originating from a rights-based perspective, this Article engages with two underdeveloped areas of scholarly literature and suggests a new way of thinking about the day-to-day practice of restorative justice through a human rights lens. …
Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu
Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu
Themis: Research Journal of Justice Studies and Forensic Science
This paper delves into the complex concept of human rights, examining its historical evolution and contemporary significance through the perspectives of Lynn Hunt's "Inventing Human Rights," Michelline R. Ishay's "The History of Human Rights," and Samuel Moyn's "The Last Utopia." Hunt's work explores the 18th-century Enlightenment, highlighting the political foundations of natural, equal, and universal rights. Ishay provides a comprehensive account spanning ancient civilizations to modern globalization, emphasizing the dynamic nature of human rights struggles. Moyn challenges conventional views, asserting the mid-20th century emergence of contemporary human rights amidst the Cold War and failed utopian visions. While each historian offers …
Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj
Evaluating The Administrative Detention Policy Between International Standards And Situation In The Occupied Palestinian Territory: The Role Of The Israeli Supreme Court In Consolidating Administrative Detention Against Palestinians, Ahmed Tareq Beshtawi, Nourhan Barahmi, Muath Madmouj
An-Najah University Journal for Research - B (Humanities)
The series of Israeli violations of human rights began with the start of Israel's occupation of Palestinian territories and continues until now. The occupying authorities have committed numerous violations and racist policies against the Palestinian people, which constitute a clear and explicit violation of international law. One of the most significant policies is the policy of administrative detention, systematically and continuously practiced by the occupying authorities against the Palestinian people. As every individual has the right to freedom and protection against arbitrary arrest, the policy of administrative detention deviates from the general norm. Therefore, it has been subjected to various …
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.
Energy Justice And Renewable Rikers, Rebecca Bratspies
Energy Justice And Renewable Rikers, Rebecca Bratspies
University of Miami Law Review
Unsustainable energy practices generate the lion’s share of global carbon emissions as well as staggering levels of deadly particulate pollution. Replacing the current dirty, fossil fuel-based system with affordable, clean energy is both a human rights imperative and a climate change necessity. This transition, which has already begun, creates the opportunity to do things differently. By confronting the structural racism embedded in existing energy structures, we can build a just transition rather than just a transition. This Article uses New York City’s Renewable Rikers project as a case study to explore how we might take advantage of the intersections between …
Human Rights Without Borders, Christian Gonzalez Chacon
Human Rights Without Borders, Christian Gonzalez Chacon
Northwestern Journal of Human Rights
In the current global context, millions of people are forced to migrate
yearly for reasons ranging from persecution and violence, internal armed
conflicts, and forced displacement, to lack of employment and climate
change. In the Americas, we recently witnessed the phenomenon of the
“migrant caravans,” where thousands of people, mostly from the Northern
Triangle of Central America—El Salvador, Honduras, and Guatemala—
were willing to walk hundreds of miles to enter the U.S.-Mexico border to
escape poverty and violence in their countries. Another caravan of close to
10,000 migrants from the Northern Triangle of Central America including
Guatemala, El Salvador and …
Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization, Jenna Beasley
Calming The Waters: The International Atomic Energy Agency As A Viable Model To Address Water Weaponization, Jenna Beasley
Emory International 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.
Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law
Breaking Cultural And Financial Barriers In Olympic Sports, Maureen A. Weston, Professor Of Law
Vanderbilt Journal of Entertainment & Technology Law
Nelson Mandela has said that “[s]port has the power to change the world. It has the power to inspire. It has the power to unite people in a way that little else does . . . . It is more powerful than governments in breaking down barriers.” Sports can have tremendous value, not only to the individual participants in promoting physical and mental health, skills, and teamwork, but also to society in fostering community, civic pride, and a sense of belonging, even among the fans. Sports have significant economic, political and cultural impacts at the local, national, and international spheres. …
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Pandemics Of Limitation Of Rights, Rinat Kitai-Sangero
Touro Law Review
This Article discusses the limitation of rights due to pandemics. It analyzes from a constitutional standpoint the holding of the German Federal Constitutional Court (Das BUNDESVERFASSUNGSGERICHT) from April 2022 as a symptom of moral panic disguised through an analytical process. Though it focuses on this case, it sheds light on the moral panic that characterized many countries’ approaches during the COVID-19 pandemic. On April 27, 2022, the German Federal Constitutional Court held that a provision to provide proof of vaccination against COVID-19, recovery from COVID-19, or a medical exemption to COVID-19 vaccination as a condition of employment in the health …