Law Commons^™

Making A Career Working For Lgbtq+ Rights: An Alumni Panel, Cardozo Dean's Office, Cardozo Outlaw

Event Invitations 2023

Dean Melanie Leslie ’91 will moderate a panel of distinguished alumni who will speak about their experiences working to advance LGBTQ+ rights in the legal world. They will discuss cases and projects they have worked on, how recent high-profile legislation targeting the LGBTQ+ community has impacted their work and provide advice for law students who want to enter the field.

Panelists:

• Taylor Brown ’17 is a Staff Attorney in the ACLU’s LGBTQ & HIV Project.
• Jason Starr ’10 has over 15 years of experience as an attorney, educator and strategist in the fight for human rights.
• Debra Guston ’88 is …

A Chinese Law Wedge Into The Hong Kong Common Law System: A Legal Appraisal Of The Hong Kong National Security Law, Han Zhu

Northwestern Journal of Human Rights

This paper is the first to comprehensively analyze the key legal controversies surrounding the Hong Kong National Security Law (NSL) and its implementation. Based on doctrinal analysis, case studies, and the most up-to-date statistics, this study centers on three categories of legal disputes: (1) the constitutionality and legality of the NSL; (2) the disputed content of the NSL; and (3) the legislative procedural issues involving the NSL. The study shows that the enactment of the NSL is not only an unprecedented crisis facing the “one country, two systems” framework, but also marks a culmination of the intersection and conflict between …

The Rise And Fall Of Section 502b, John Ramming Chappell

Northwestern Journal of Human Rights

The first major foreign policy legislation of the human rights revolution of the 1970s,1 Section 502B of the Foreign Assistance Act (FAA) is a latent oversight tool that Congress could use to promote human rights in U.S. security assistance. Section 502B may be the most potent provision of law regarding human rights and security assistance that has never been used. The provision prohibits U.S. security assistance to governments that engage in a consistent pattern of gross violations of human rights, requires the State Department to report on human rights issues, and provides Congress with a mechanism to enforce the statute’s …

The Protection Of Environmental And Human Rights: An Applied Study Of The Human Right To Live In A Healthy And Clean Environment, Ahmed Salahaldeen Balto Dr.

UAEU Law Journal

This research explores the hypothesis of using international human rights law to protect the human right to live in a healthy and clean environment, and four legal methods will be addressed to attempt to achieve it, which are integrating environmental aspects into the current human rights system, formulating a new objective right to live in a clean and healthy environment, litigations of public interest, and justice between generations. This will be clarified by referring to some case-law from the European Court of Human Rights, and various national judicial authorities([1]). The main conclusion of this research is that human …

Hitting The Wall: The Next Step In Addressing The Pink Tax, Danielle A. Essary

Arkansas Law Review

For thirty-some-odd years, scholars and consumer advocates have called for the elimination of gender-based price discrimination, also known as the “Pink Tax.” Efforts to address this issue have included studies demonstrating the phenomenon’s existence, social movements incited to garner public support for the cause, consumer attempts to bring the issue before courts in hopes of judicial intervention, and legislative undertakings at both the state and federal level to craft legislation prohibiting the practice. Yet, gender-based price discrimination has proven evasive of regulation, outside the scope of judicial reach, and difficult to isolate in terms of hard proof. Even agreeing on …

The Making And Unmaking Of Urban Citizenship In The Maspero Triangle, Nadine Abd El Razek

Theses and Dissertations

Cairo is undergoing a moment of sharpened exclusion and inclusion, with the city’s residents of informal settlements disproportionately experiencing displacement and abrupt interruptions to their social fabric to make way for investment opportunities. In pursuit of achieving the status of a global city, the Egyptian state has effectively widened its practice of structural violence, in order to accumulate capital through dispossession. In the process of doing so, the state has problematized the contested status of urban citizenship, disenfranchising the urban dwellers of Cairo from their right to the city. Following the temporal shifts in the negotiation for urban citizenship, the …

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …

Current International Legal Measures For The Protection Of Children Used In Armed Conflicts: Recommendations For The Resolution Of The Problem, Elliot Bibaje

Theses and Dissertations

War is not new; Armed Conflicts are not new. The use of Children in Armed Conflicts is not new. From Afghanistan, Syria, Yemen, Nigeria, Sudan, Democratic Republic of Congo (DCR) and the world over, children are being used in Armed Conflicts. These have led to crime, criminality, diseases, rape destruction of basic infrastructure, the eco system and future of the dead, living and unborn generation.

Despite International legal instruments put in place to curb the use of children in Armed conflicts, in the area International Human Rights and Humanitarian Law, Labor Law and International criminal Law, the use of children …

2023 Champions For Justice 1-27-2023, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Supreme Court In Crisis, David M. Hunt Library

Event Invitations 2023

The speakers will discuss recent decisions affecting abortion and gun rights, the public’s trust and confidence in the high court and cases the Court will decide before the summer involving LGBTQ rights, affirmative action, election law and immigration policy.

Speakers:

• Tom Gerety, former President of Amherst and Trinity Colleges, former Executive Director of the Brennan Center for Justice
• Adam Liptak, New York Times Supreme Court Correspondent
• David Rudenstine, Sheldon H. Solow Professor of Law at Cardozo and former Dean

What A Waste! An Evaluation Of Federal And State Medical And Biohazard Waste Regulations During The Covid-19 Pandemic And Their Impact On Environmental Justice, Samantha Newman

Villanova Environmental Law Journal

No abstract provided.

Let's Talk Dirty: Revealing The United States Sanitation Crisis And Its Disproportionate Effect On Poor And Minority Communities, Lindsay Norton

Villanova Environmental Law Journal

No abstract provided.

The Evolution Of Chapter 11: How Corporate Restructuring Has Evolved And Its Important Role In The Recovery Of A Struggling Economy, Eduardo Cervantes

DePaul Business & Commercial Law Journal

No abstract provided.

Covid-19 Vs. Constitution; Limited Government's Unlimited Response, John A. Losurdo

DePaul Business & Commercial Law Journal

No abstract provided.

The "No License, No Chips" Policy: When A Refusal To Deal Becomes Reasonable, Sheng Tong

DePaul Business & Commercial Law Journal

No abstract provided.

The Dark Triad: Private Benefits Of Control, Voting Caps And The Mandatory Takeover Rule, Jorge Brito Pereira

DePaul Business & Commercial Law Journal

No abstract provided.

Immigration Detention Abolition And The Violence Of Digital Cages, Sarah R. Sherman-Stokes

Faculty Scholarship

The United States has a long history of devastating immigration enforcement and surveillance. Today, in addition to more than 34,000 people held in immigration detention, Immigration and Customs Enforcement (“ICE”) surveils an astounding 296,000 people under its “Alternatives to Detention” program. The number of people subjected to this surveillance has grown dramatically in the last two decades, from just 1,339 in 2005. ICE’s rapidly expanding Alternatives to Detention program is marked by “digital cages,” consisting of GPS-outfitted ankle shackles and invasive phone and location tracking. Government officials and some immigrant advocates have categorized these digital cages as a humane “reform”; …

Shedding New Light On Multinational Corporations And Human Rights: Promises And Limits Of “Blockchainizing” The Global Supply Chain, Chang-Hsien Tsai, Ching-Fu Lin

Michigan Journal of International Law

Over the last few decades, advances in transportation and production technology, in conjunction with economic globalization and the emergence of multinational corporations, have consolidated fragmented production processes into long and complex supply chains across jurisdictions. While there are benefits to such global supply chains (“GSCs”), the prevalence of human rights violations attributable to information asymmetry, as well as rule of law gaps between different jurisdictions, has been a constant challenge. Modern slavery, child abuse, harsh working conditions, low wages, and other problems have reoccurred in the factories of upstream suppliers in the global South and have been systemically ignored by …

A Captive’S Subjectivity, Rebeca J. Blemur

Theses and Dissertations

The project discusses the effects of Haiti’s colonization as the space transitions from Hispaniola to Saint-Domingue and later to the free state of Haiti. This is done by studying the concept of the right to conquest and the absurdities that exist around the first appearances of international law. The project focuses on the pre-revolutionary period starting around the 1750s, the revolutionary period that began in the 1790s, the French oligarchical class’s attempt for social equality, and the war for ultimate colonial conquest between the French, Spanish, and British. The project will display how legally objectifying a human being manifests subjects …

Political Subdivisions, Homelessness, And Vacancy: How Missouri’S Use Of Logrolling Passed House Bill 1606, Kateri Busiek

SLU Law Journal Online

In June of 2022, Governor Parson signed into law House Bill 1606. HB 1606 contains a diverse set of provisions concerning county financial statements, unlawful camping on state-owned property, and penalties for landowners of vacant property. In this article, Kateri Busiek discusses how House Bill 1606 violates the Missouri Constitution.

Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle

Immigration and Human Rights Law Review

Abstract

The tyrannical Sri Lankan Prevention of Terrorism Act (“PTA”) has been in effect for over forty years. Dating back to the decades-long civil war, the PTA has terrorized Sri Lankan citizens. The PTA authorizes the Sri Lankan government to arbitrarily detain citizens without warrants for up to eighteen months; use torture to extract confessions; and target protesters, minority groups, and political opponents. The PTA creates a breeding ground for numerous human rights violations with no accountability for the officials who commit human rights abuses. The use of the Act has intensified since 2019 with the Easter Sunday Bombings and …

The Murder Of George Floyd: A Case Study Examining How The Policing Of Black Men And Grassroots Activism Influence The Will Of Black Women To Lead, Ella Gates-Mahmoud

Doctorate in Education

This study's objective investigates the viewpoints held by Black women in two urban areas of Minnesota about the social upheaval that followed the murder of George Floyd in 2020 for using a counterfeit $20 bill. In the last decade, police killings of innocent Black people in the United States have received more attention, and Floyd's death is only one example of this phenomenon. In the U.S., the likelihood of a police officer taking the life of a Black man is higher than that of a White man. Between 2013-2019 there have been 1,641 fatal shootings of defenseless Black men by …

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …

Kepastian Hukum Kantor Perwakilan Badan Usaha Jasa Konstruksi Asing Dalam Melakukan Kegiatan Usaha Di Indonesia, Emy Mutia Zahrina

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Representative offices are present in Indonesia in order to meet the needs of global economic growth in all countries. Multinational companies expand their business to other countries through relocation policies. The aim is none other than an effort to reduce production costs through a number of comparative advantages possessed by Indonesia as well as seizing such a large market for these products, and through this way multinational companies benefit. The presence of representative offices in Indonesia is regulated by Presidential Decree Number 90 of 2000 concerning Representative Offices of Foreign Companies. Through the Presidential Decree, the government limits the scope …

Cross-Border Transfer Pricing Sebagai Tindakan Tax Avoidance, Elleanor Rigby Bangun

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Transfer Pricing refers to pricing transaction within and between enterprises situated in different countries and belong to the same multinational group. Cross-border transaction inevitably affects international taxation, especially when multinational enterprises encounter two or more countries that apply different tax collection systems. Consequently, a Tax Treaty (Perjanjian Penghindaran Pajak Berganda/P3B) is made to resolve issues involving double taxation. However, since the Tax Treaty’s benefits vary by country, the investors or companies tend to abuse the agreement in order to gain the most profitable benefits or incentives. Abusing the benefits of Tax Treaty (P3B) could be categorized as an act against …

Resentralisasi Kewenagan Pengelolaan Pertambangan Mineral Dan Batura, Muhammad Salman Al Farisi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Amendments to Law No. 4 of 2009 became Law No. 4 of 2009 withdrawing almost all local government authority into central authority. Leaving room for delegation of some of the authority of the Central Government to provincial regional governments for the issuance of IPR and SIPB, even district-city governments no longer have space for authority over coal mineral mining matters. the authority of provincial or district/city regional governments in mining affairs, is a concurrent matter which in its handling involves the central government and regional governments, withdraws most of the authority and does not involve regional governments, of course it …

Analisis Terhadap Penerapan Asas Formil Dan Materiil Pembentukan Rancangan Undang-Undang Tentang Penghapusan Kekerasan Seksual, Siti Sharhana Drajat

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Sexual violence in Indonesia has caused a public’s worry. The bill on the elimination of sexual violence (RUU PKS) is considered very important to be passed. Purpose of this article is to analyze the suitability of the principles in the RUU PKS with Indonesian act of Formulation of Laws and Regulation Number 12 of 2011 (UU P3). The method used in writing this article uses the normative legal research. Results of this study are formal principles in the anti sexual violence bill is appropriate with the UU P3 except the principle of openness. Likewise with the material principles in the …

Analisis Kritis Mengenai Percepatan Waktu Penagihan Utang Dalam Sengketa-Sengketa Kepailitan, Siti Rahmah Sari Ramadhani

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law Number 37 of 2004 (UUK-PKPU) is a refinement of the old bankruptcy regulation of Faillissementsverordening (Fv) and Law Number 4 of 1998 (UUK). Completion is done in order to meet the needs and solve problems that arise in connection with bankruptcy. However, despite the changes and improvements to the regulation, there are still problems that arise, especially in accelerating the timing of debt collection (acceleration). In the UKK and Fv acceleration is not regulated normatively. So the judge has the discretion to make the discovery of the law differently in each case. In UUK-PKPU acceleration found in the explanation …

Tinjauan Hukum Penerapan Hak Mendahulu Utang Pajak Dalam Perkara Kepailitan Pt Industries Badja Garuda Berdasarkan Undang-Undang Nomor 37 Tahun 2004 Tentang Kepailitan Dan Penundaan Kewajiban Pembayaran Utang, Siti Fatimah Citra Nurislamiati

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This paper discusses the application of pre-emptive rights over tax debt collection in bankruptcy disputes regulated in Article 41 paragraph (3) of Law Number 37 of 2004 concerning the Bankruptcy and Deferral of Debt Payment Obligations displayed by the Directorate General of Taxes. Tax debts outside the bankruptcy process for compulsory taxes are being filed for bankruptcy by requesting the Commercial Court to return all tax liabilities that would harm the interests of the country. In the event that a taxpayer has been declared bankrupt, the Directorate General of Taxes still has the right to overtake and is privileged, requesting …

Kedudukan Bukti Tidak Langsung (Indirect Evidence) Dalam Penyelesaian Praktik Kartel Di Indonesia, Siti Aminah

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The purpose of this paper is to find out and analyze the position of Indirect evidence used by KPPU in the completion of cartel practices in Indonesia and to analyze indirect evidence in terms of systems of verification in Indonesia. The research method used in this writing is a method of legal research that is prescriptive. The position of Indirect Evidence or evidence in the process of evidence can be accepted as evidence in proof of a cartel case and is evidence that must support the occurrence of alleged cartel practices in terms of price fixing and this indirect evidence …