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Full-Text Articles in Law
Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner
Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner
Case Western Reserve Journal of International Law
Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …
Global Human Rights Organizations And National Patterns: Amnesty International’S Responses To Darfur, Joachim J. Savelsberg
Global Human Rights Organizations And National Patterns: Amnesty International’S Responses To Darfur, Joachim J. Savelsberg
Societies Without Borders
This article provides an analysis of Amnesty International and its efforts to establish a global, human rights-based narrative on the mass violence in Darfur, Sudan, during the first decade of the 21st century. Interviews show how Amnesty’s narrative resembles that of the judicial field. Respondents insist that justice, once achieved, will help reach other goals such as peace. Relative unanimity in representing the violence supports the notion of globalizing forces highlighted by the world polity school, but national conditions also color narratives, in line with recent literature on national contexts of INGO work and a long tradition of neo-Weberian …
Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard
Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard
The International Journal of Ethical Leadership
No abstract provided.
Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench
Foreword: International Law And Policy In The Age Of Trump, Michael P. Scharf, John G. Wrench
Case Western Reserve Journal of International Law
An introduction to the issue topics, ranging from U.S.-North Korean relations and its policies toward rogue states to immigration law and human rights in the U.S.
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Case Western Reserve Journal of International Law
The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.
"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade
Case Western Reserve Journal of International Law
In the 2014 monumental court decision S.A.S. v. France, the European Court of Human Rights ruled that the French law banning both burqas and niqabs in public spaces was justified. The Court based this justification on the concept of "living together," stating this newly-created concept allowed limitations on certain rights, such as the freedom of religion. With this decision, the Court vacated precedent which used a balancing test to weigh exceptions, such as national security in very narrow situations, against the limitations on individual freedoms. The new "living together" test is extremely farfetched, vague, and controversial. This Note discusses the …
International Law In A Turbulent World, Lawrence L. Herman
International Law In A Turbulent World, Lawrence L. Herman
Canada-United States Law Journal
10th Annual Canada-United States Law Institute Distinguished Lecture by the diplomatic officer at the Canadian Mission to the United Nations, on human rights, climate change and terrorism, and UNCLOS (Law of the Sea Convention)
Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky
Introduction: 2016 Klatsky Endowed Lecture In Human Rights, Bruce J. Klatsky
Case Western Reserve Journal of International Law
No abstract provided.
Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein
Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein
Case Western Reserve Journal of International Law
A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.
‘These People Have No Clue About Us, The Land, Or How We Live!’: Second Generation Human Rights Along The Texas–Mexico Border, Jennifer G. Correa Ph.D, Tola Olu Pearce Ph.D
‘These People Have No Clue About Us, The Land, Or How We Live!’: Second Generation Human Rights Along The Texas–Mexico Border, Jennifer G. Correa Ph.D, Tola Olu Pearce Ph.D
Societies Without Borders
In this study, we wish to turn attention to how the international human rights framework, developed under the auspices of the United Nations in 1948, is being used by different communities, in particular, the Texas-Mexico border. We emphasize that while the articles contained in the Universal Declaration of Human Rights have, at times, served as a protective platform upon which activists have been able to build, these articles cannot responsibly be imposed without attending to and incorporating the voices of those on the ground. Using both qualitative and ethnographic methods, our objective is to amplify specific voices by analyzing how …
What Google Teaches Us About The Child Rights Movement, Yvonne Vissing, Sarah Burris, Quixada Moore-Vissing
What Google Teaches Us About The Child Rights Movement, Yvonne Vissing, Sarah Burris, Quixada Moore-Vissing
Societies Without Borders
Technology both helps and hinders what we know about human rights. Use of Google is of central importance to both the Sociology of Knowledge and the creation of internet literacy. In this study, different search engines are compared regarding content of “child rights” in the fifty United States. Findings include: importance of algorithmic loading of sites; number of hits may not reflect the importance or accuracy of a topic; different search engines produce different findings; and personalized searches result in different results. Personalization of searches in accordance to one’s previous search history may result in people being given information that …
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Closing The Gap: Daca, Dapa, And U.S. Compliance With International Human Rights Law, David B. Thronson
Case Western Reserve Journal of International Law
Political rhetoric and ongoing litigation that challenge the use of prosecutorial discretion and deferred action in immigration law often prominently feature claims that these initiatives demonstrate a lack of respect for the rule of law. This short essay seeks to highlight gaps between U.S. immigration law and its international human rights obligations and identify ways in which the use of discretion can advance rather than undermine the rule of law. In reconciling the ability of States to control matters of immigration with protections of family integrity, the touchstone in international law is balance. A State's right to expel a non-citizen …
Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder
Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder
Societies Without Borders
First-hand accounts of resettlement are seldom heard from refugees with disabilities. The purpose of this study was to facilitate a space for refugees with disabilities to tell their life histories, and their experiences related to resettlement. A global ethnographic framework was used to gather life history interview data from six refugees with a label of disability who have resettled in the United States. To better understand participants’ life histories, multiple theoretical perspectives were utilized including: critical cultural theory, critical race theory (CRT), critical disability studies (CDS), and disability studies (DS) which helped to interpret and navigate the nebulous intersections of …
Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk
Insiderness, Outsiderness, And Situated Accessibility – How Women Activists Navigate Un’S Commission On The Status Of Women, Daniela Jauk
Societies Without Borders
The goal of this article is to explain micro-political aspects of women’s participation within the Commission on the Status of Women (CSW) by explicating how NonGovernmental Organization’s (NGO) representatives negotiate and perceive their work. Data from ethnographic participant observation of CSW meetings between 2009 and 2012 demonstrate the simultaneity of both clear insider/outsider distinctions as well as blurred and permeable boundaries between the intergovernmental body of the CSW and civil society in the form of women’s rights activists who attempt to shape CSW outcomes. Concepts of fluid insiderness and outsiderness (Naples 1996) help explain that women activists perceive themselves simultaneously …
Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee
Transwomen, The Prison-Industrial Complex, And Human Rights: Neoliberalism And Trans-Resistance, Emmi Bevensee
Societies Without Borders
This article introduces complexity into understandings around the relationships between human rights, being transgender, and interacting with the prison-industrial complex. It looks at struggles and interventions against neoliberal mainstream agendas that do not address the underlying causes of state violence against transpeople, especially trans women of color. This essay employs in-depth research and analysis primarily employing the lens and tools of intersectional subalternity, personal experience, and extensive community activism around these complex issues to show that human rights struggles that do not challenge neoliberal politics generally fail to meet the needs of trans people facing massive structural violence with the …
Narratives Of Mass Violence: The Role Of Memory And Memorialization In Addressing Human Rights Violations In Post-Conflict Rwanda And Uganda, Carla De Yeaza, Nicole Fox
Narratives Of Mass Violence: The Role Of Memory And Memorialization In Addressing Human Rights Violations In Post-Conflict Rwanda And Uganda, Carla De Yeaza, Nicole Fox
Societies Without Borders
This paper explores the question of what do Rwandans and Ugandans working on memorialization initiatives deem important when discussing the role of individual and collective memory in the aftermath of mass violence and human rights violations. Social scientists and human rights scholars have asserted the importance of memory in both reconciliation and healing after mass violence. However, it is difficult to determine the most appropriate way to facilitate reconciliation between groups who previously raped, stole from or killed one another, as there is no “one-size-fits-all” approach. While policies cannot remedy the murder of one’s family, scholars, activists and practitioners argue …
“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews
“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews
Societies Without Borders
Official US discourse claims US leadership and benevolence in promoting human rights worldwide. But US action on human rights is more complicated and paradoxical. My aim is to problematize “human rights” in particular discursive contexts in order to discover what is encompassed by this set of concepts and how the discourse about human rights exposes the relations of ruling (Smith 1990). I examine the discourse of the powerful, i.e., the US State Department in its Annual Country Reports on Human Rights. The repetition of facts, assertions, and ideas by a hegemonic institution constructs a reality that is difficult to counter. …
International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain
International Law In Crisis: Foreword, Michael P. Scharf, Adam Centner, Kara Mcclain
Case Western Reserve Journal of International Law
No abstract provided.
The Child Exclusion In A Global Context, Martha F. Davis
The Child Exclusion In A Global Context, Martha F. Davis
Case Western Reserve Law Review
No abstract provided.
From The Bottle To The Grave: Realizing A Human Right To Breastfeeding Through Global Health Policy, Benjamin Mason Meier, Miriam Labbok
From The Bottle To The Grave: Realizing A Human Right To Breastfeeding Through Global Health Policy, Benjamin Mason Meier, Miriam Labbok
Case Western Reserve Law Review
No abstract provided.
Introduction, B. Jessie Hill
Reproductive Health As A Human Right, Lance Gable
Reproductive Health As A Human Right, Lance Gable
Case Western Reserve Law Review
No abstract provided.
Illustrating Illegitimate Lawfare, Michael A. Newton
Illustrating Illegitimate Lawfare, Michael A. Newton
Case Western Reserve Journal of International Law
No abstract provided.
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, Wiliam J. Aceves
Case Western Reserve Journal of International Law
No abstract provided.
Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt
Lawfare And Counterlawfare: The Demonization Of The Gitmo Bar And Other Legal Strategies In The War On Terror, David J. R. Frakt
Case Western Reserve Journal of International Law
No abstract provided.
The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz
The Value Of Claiming Torture: An Analysis Of Al-Qaeda's Tactical Lawfare Strategy And Efforts To Fight Back, Michael J. Lebowitz
Case Western Reserve Journal of International Law
No abstract provided.
The Knight's Code, Not His Lance, Jamie A. Williamson
The Knight's Code, Not His Lance, Jamie A. Williamson
Case Western Reserve Journal of International Law
No abstract provided.
Carl Schmitt And The Critique Of Lawfare, David Luban
Carl Schmitt And The Critique Of Lawfare, David Luban
Case Western Reserve Journal of International Law
No abstract provided.
The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel
The Legality Of Reciprocity In The War Against Terrorism, Robbie Sabel
Case Western Reserve Journal of International Law
No abstract provided.
Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir
Human Rights And Humanitarian Law - Conflict Or Convergence, Christopher Greenwood Sir
Case Western Reserve Journal of International Law
No abstract provided.