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Laurel E. Fletcher

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Full-Text Articles in Law

Refletions On Germany, The Legal Academy, And Social Engagement: An Interview With Richard Buxbaum, Laurel E. Fletcher Mar 2018

Refletions On Germany, The Legal Academy, And Social Engagement: An Interview With Richard Buxbaum, Laurel E. Fletcher

Laurel E. Fletcher

No abstract provided.

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Rights Eroded: A Briefing On The Effects Of Closing Space On Women Human Rights Defenders, Laurel E. Fletcher Nov 2017

Rights Eroded: A Briefing On The Effects Of Closing Space On Women Human Rights Defenders, Laurel E. Fletcher

Laurel E. Fletcher

Human rights defenders around the world find themselves operating in an
increasingly hostile climate. Governments are restricting the ability of activists to
voice unpopular views and challenge repressive laws and policies. They create
constraints through harassment, intimidation, and by imposing new legal restrictions
on the ability of civil society actors to form associations and receive funding. This
phenomenon is known as “closing space.”33 It erodes rights, threatens social justice
movements, and undermines participatory democracy and human rights promotion.

Adopting a human rights perspective, this briefing report highlights how women
human rights defenders (WHRDs) are experiencing closing space. It throws into …

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Working Paper: Achieving Gender Parity On International Judicial And Monitoring Bodies: Analysis Of International Human Rights Law And Standards Relevant To The Gqual Campaign, Laurel E. Fletcher Sep 2017

Working Paper: Achieving Gender Parity On International Judicial And Monitoring Bodies: Analysis Of International Human Rights Law And Standards Relevant To The Gqual Campaign, Laurel E. Fletcher

Laurel E. Fletcher

Women are underrepresented in virtually every international body responsible for
adjudicating, monitoring, and developing international law. As of February 2017,
three of the 15 judges on the International Court of Justice are women; the
International Tribunal for the Law of the Sea has 21 judges, only one of whom is a
woman; and the International Criminal Tribunal for the Former Yugoslavia has no
permanent women judges. Additionally, women comprise no more than 30% of the
aggregate of the members of the United Nations Human Rights Committee, the
Committee on Economic, Social and Cultural Rights, and the Committee against
Torture. States …

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Hidden Slaves: Forced Labor In The United States, Laurel E. Fletcher, Kevin Bales, Eric Stover Jul 2016

Hidden Slaves: Forced Labor In The United States, Laurel E. Fletcher, Kevin Bales, Eric Stover

Laurel E. Fletcher

No abstract provided.

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Justice, Accountability And Social Reconstruction: An Interview Study Of Bosnian Judges And Prosecutors, Laurel E. Fletcher, Harvey M. Weinstein Jul 2016

Justice, Accountability And Social Reconstruction: An Interview Study Of Bosnian Judges And Prosecutors, Laurel E. Fletcher, Harvey M. Weinstein

Laurel E. Fletcher

No abstract provided.

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The Cumulative Effect: A Medico-Legal Approach To United States Torture Law And Policy, Alexa Koenig, Eric Stover, Laurel E. Fletcher Jul 2016

The Cumulative Effect: A Medico-Legal Approach To United States Torture Law And Policy, Alexa Koenig, Eric Stover, Laurel E. Fletcher

Laurel E. Fletcher

In the weeks following the events of September 11, 2001, the Bush administration granted the CIA authority to set up detention facilities known as ‘black sites’ outside the United States, and to employ new interrogation procedures on suspected terrorists taken into custody. Recently released legal memoranda by the US Department of Justice’s Office of Legal Counsel condoned the use of several interrogation techniques (such as waterboarding and prolonged sleep deprivation), which the US itself had previously condemned as torture. This paper examines the legal rationalisations the Bush administration advanced to circumvent international and national laws prohibiting torture and other forms …

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Book Review, Laurel E. Fletcher Jul 2016

Book Review, Laurel E. Fletcher

Laurel E. Fletcher

Reviewing Blood and Vengeance by Chuck Sudetic

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New Perspectives On Old Patterns: Forced Migration Of Haitians In The Dominican Republic, Laurel E. Fletcher, Timothy Miller Jul 2016

New Perspectives On Old Patterns: Forced Migration Of Haitians In The Dominican Republic, Laurel E. Fletcher, Timothy Miller

Laurel E. Fletcher

This unique, interdisciplinary study utilises demographic data as well as interviews to identify patterns of the forced migration and experiences of Haitians and Dominicans of Haitian descent who left the Dominican Republic and entered Haiti between August 1999 and July 2000. While forced migration of Haitians from the Dominican Republic is the subject of reports and international legal proceedings, there has been little quantitative data on this sensitive issue. This study offers the first statistical analysis of migration flows through a demographic assessment of this vulnerable population. We present several key findings regarding the patterns in the outflow, the characteristics …

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Book Review, Laurel E. Fletcher Jul 2016

Book Review, Laurel E. Fletcher

Laurel E. Fletcher

Reviewing Between Vengeance and Forgiveness: Facing History After Genocide and Mass Violence by Martha Minow

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Writing Transitional Justice: An Empirical Evaluation Of Transitional Justice Scholarship In Academic Journals, Laurel E. Fletcher, Harvey M. Weinstein Jul 2016

Writing Transitional Justice: An Empirical Evaluation Of Transitional Justice Scholarship In Academic Journals, Laurel E. Fletcher, Harvey M. Weinstein

Laurel E. Fletcher

This article examines transitional justice scholarship published in academic periodicals over a six-year period, 2003–2008, to identify the disciplines that contributed to the literature and the nature of scholarly questions they posed during a period of burgeoning scholarship. The article is the first to identify empirically which disciplines contributed to the scholarship and which were most influential among the social sciences and humanities. Law, political science, and sociology are the disciplines that dominated the field as reflected in academic journals. The most influential transitional justice articles in the social sciences and law suggested that readers were drawn to scholarly treatments …

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Editorial Note, Laurel E. Fletcher Jul 2016

Editorial Note, Laurel E. Fletcher

Laurel E. Fletcher

No abstract provided.

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Editorial Note, Laurel E. Fletcher, Hugo Van Der Merwe Jul 2016

Editorial Note, Laurel E. Fletcher, Hugo Van Der Merwe

Laurel E. Fletcher

No abstract provided.

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Human Rights And Mass Disaster: Lessons From The 2004 Tsunami, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein Jul 2016

Human Rights And Mass Disaster: Lessons From The 2004 Tsunami, Laurel E. Fletcher, Eric Stover, Harvey M. Weinstein

Laurel E. Fletcher

No abstract provided.

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Editorial Note, Laurel E. Fletcher, Hugo Van Der Merwe Jul 2016

Editorial Note, Laurel E. Fletcher, Hugo Van Der Merwe

Laurel E. Fletcher

No abstract provided.

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Editorial Note, Laurel E. Fletcher, Hugo Van Der Merwe Jul 2016

Editorial Note, Laurel E. Fletcher, Hugo Van Der Merwe

Laurel E. Fletcher

No abstract provided.

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Inequalities And Prospects: Ethnicity And Legal Status In The Construction Labor After Hurricane Katrina, Patrick Vinck, Phuong N. Pham, Laurel E. Fletcher, Eric Stover Jul 2016

Inequalities And Prospects: Ethnicity And Legal Status In The Construction Labor After Hurricane Katrina, Patrick Vinck, Phuong N. Pham, Laurel E. Fletcher, Eric Stover

Laurel E. Fletcher

The arrival of Latino immigrant workers and the weakening of federal labor regulations after Hurricane Katrina raised concerns about labor conditions and workers’ rights. We carried out a survey of workers at 212 randomly selected addresses in the city of New Orleans, successfully interviewing 212 out of 351 workers approached (40% refusal rate). Workers were asked about their demographic, employment, and health characteristics, as well as violations of human rights they may have experienced. The survey was supplemented with in-depth qualitative interviews with Latino workers and key informants in Louisiana and Mississippi. Our study showed that Latino workers, particularly undocumented …

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A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher Jul 2016

A Wolf In Sheep's Clothing? Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher

Laurel E. Fletcher

If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don’t we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional justice has emerged as the dominant normative framework for how the international community responds to mass violence. Liberalism strongly influences transitional justice, which has produced individual criminal accountability as the desired form of legal accountability for atrocities. Transitional justice rejects …

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Dedication, David D. Caron, Laurel E. Fletcher, James Gordley, Andrew T. Guzman Jul 2016

Dedication, David D. Caron, Laurel E. Fletcher, James Gordley, Andrew T. Guzman

Laurel E. Fletcher

No abstract provided.

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A Wolf In Sheep's Clothing: Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher Jul 2016

A Wolf In Sheep's Clothing: Transitional Justice And The Effacement Of State Accountability For International Crimes, Laurel E. Fletcher

Laurel E. Fletcher

If international atrocity crimes are acts so egregious that their impunity cannot be legally tolerated, why don't we punish States that commit them? The rise of international criminal law is celebrated as an achievement of the international rule of law, yet its advance effectively may come at the expense of holding States accountable for their role in mass violence. Transitional justice has emerged as the dominant normative framework for how the international community responds to mass violence. Liberalism strongly influences transitional justice, which has produced individual criminal accountability as the desired form of legal accountability for atrocities. Transitional justice rejects …

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Working Below The Line: How The Sub-Minimum Wage For Tipped Restaurant Workers Violates International Human Rights Standards, Laurel E. Fletcher, Allison Davenport, Katrina Natale, Saru Jayaraman, Teófilo Reyes Nov 2015

Working Below The Line: How The Sub-Minimum Wage For Tipped Restaurant Workers Violates International Human Rights Standards, Laurel E. Fletcher, Allison Davenport, Katrina Natale, Saru Jayaraman, Teófilo Reyes

Laurel E. Fletcher

The Universal Declaration of Human Rights recognizes that everyone who
works has the right to just and favorable remuneration to ensure an existence
worthy of human dignity. However, for many low-wage tipped
workers in the U.S. restaurant industry these standards are out of reach. Rooted
in exploitation of workers, the custom of tipping has evolved since its origins in
the late nineteenth century. It has become codified in a two-tiered minimum wage
system that denies tipped restaurant workers fair wages and basic labor protections.
This report sheds light on the ways in which federal and state laws maintain this
wage …

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Refracted Justice: The Imagined Victim And The International Criminal Court, Laurel E. Fletcher Nov 2015

Refracted Justice: The Imagined Victim And The International Criminal Court, Laurel E. Fletcher

Laurel E. Fletcher

No abstract provided.

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Conflicted Democracies And Gendered Violence: The Right To Heal, Laurel E. Fletcher, Angana P. Chatterji, Mallika Kaur Sep 2015

Conflicted Democracies And Gendered Violence: The Right To Heal, Laurel E. Fletcher, Angana P. Chatterji, Mallika Kaur

Laurel E. Fletcher

Conflicted Democracies and Gendered Violence: The Right to Heal provides an incisive, comparative, and contextual framework for grappling with some of the most challenging issues of our time—gender and sexual violence in conflict. Rich, interdisciplinary explorations expand on the notion of “conflicted democracies” and
its applicability to states that are troubled by persistent structural and political violence. Longstanding tensions between majority and minority groups, state and marginalized people, and privileged and disadvantaged result in violent conflict and upheaval in conflicted political democracies like India.

Gender-based and sexual violence is ever present in these situations. This courageous work draws attention to …

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The Dominican Republic Must Stop Expulsions Of Haitians, Laurel E. Fletcher, Roxanna Altholz Jul 2015

The Dominican Republic Must Stop Expulsions Of Haitians, Laurel E. Fletcher, Roxanna Altholz

Laurel E. Fletcher

No abstract provided.

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A Commitment To Justice Means More Than Just Closing Gitmo, Laurel E. Fletcher, Eric Stover Jan 2015

A Commitment To Justice Means More Than Just Closing Gitmo, Laurel E. Fletcher, Eric Stover

Laurel E. Fletcher

No abstract provided.

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Dreamers At Cal: The Impact Of Immigration Status On Undocumented Students At The University Of California At Berkeley, Laurel E. Fletcher, Roxanna Altholz Dec 2014

Dreamers At Cal: The Impact Of Immigration Status On Undocumented Students At The University Of California At Berkeley, Laurel E. Fletcher, Roxanna Altholz

Laurel E. Fletcher

Lack of lawful immigration status impacts and shapes the experiences of undocumented students at the University of California at Berkeley (U.C. Berkeley), including their path to higher education, their university experience, and their plans for the future. This study reflects the findings of a quantitative and qualitative research study conducted with undocumented students at U.C. Berkeley in 2013-2014. The study provides an understanding of the experiences and perspectives of undocumented students enrolled at the university, the
barriers they faced in reaching U.C. Berkeley, and the challenges their immigration status continues
to trigger for them. These findings identify recent advances in …

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Access To Justice For Women: : India's Response To Sexual Violence In Conflict And Social Upheaval, Laurel E. Fletcher, Roxanna Altholz, Angana P. Chatterji, Mallika Kaur Dec 2014

Access To Justice For Women: : India's Response To Sexual Violence In Conflict And Social Upheaval, Laurel E. Fletcher, Roxanna Altholz, Angana P. Chatterji, Mallika Kaur

Laurel E. Fletcher

Access to Justice for Women: India’s Response to Sexual Violence in Conflict and Social Upheaval (Report) examines four examples of sexual violence against women in the Indian states of Punjab, J&K, Gujarat, and Odisha.

The case examples focus on the efforts of female victims of sexual violence and their allies to seek justice and the response of the Indian justice system to these crimes. The four examples represent a diverse range of incidents and legal outcomes, all of which gained significant attention within each region, if not nationally and internationally.

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The United States’ Compliance With The United Nations Convention Against Torture With Respect To Guantánamo Bay Detainees And The Cumulative Impact Of Confinement, The Abuse Of Detainees Post Release, And The Right To Redress, Laurel E. Fletcher Oct 2014

The United States’ Compliance With The United Nations Convention Against Torture With Respect To Guantánamo Bay Detainees And The Cumulative Impact Of Confinement, The Abuse Of Detainees Post Release, And The Right To Redress, Laurel E. Fletcher

Laurel E. Fletcher

This report presents empirical data drawn from a 2008 study conducted by the reporting organizations regarding the treatment and effects of detention on former Guantánamo Bay detainees entitled Guantánamo and Its Aftermath: U.S. Detention and Interrogation Practices and their Impact on Former Detainees (the “Study”).

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Working Paper: The Right To A Remedy For Enforced Disappearances In India: A Legal Analysis Of International And Domestic Law Relating To Victims Of Enforced Disappearances, Laurel E. Fletcher Mar 2014

Working Paper: The Right To A Remedy For Enforced Disappearances In India: A Legal Analysis Of International And Domestic Law Relating To Victims Of Enforced Disappearances, Laurel E. Fletcher

Laurel E. Fletcher

This report analyzes the international legal framework regarding India’s obligations to ensure the right to a remedy for enforced disappearances and other gross human rights violations. It offers Indian activists guidance in considering the role that international norms may play in developing an advocacy strategy to promote redress
for victims of enforced disappearances and torture.

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Working Paper: Comparative Country Studies Regarding Truth, Justice, And Reparations For Gross Human Rights Violations: Brazil, Guatemala, And Chile, Laurel E. Fletcher Mar 2014

Working Paper: Comparative Country Studies Regarding Truth, Justice, And Reparations For Gross Human Rights Violations: Brazil, Guatemala, And Chile, Laurel E. Fletcher

Laurel E. Fletcher

This paper examines transitional justice initiatives undertaken in Brazil, Chile, and Guatemala to address the widespread human rights abuses perpetrated during the military dictatorships of the 1960s, 1970s and 1980s in those countries. The research presented here aims to inform the Armed Conflict Resolution and People’s Rights
Project (ACRes) in formulating proposals to redress human rights violations committed in areas that have experienced internal armed conflict or mass social unrest in India. The three countries considered in this paper serve as appropriate comparative cases as they share important features with the Indian context. In particular, Brazil and Chile enjoy similar …

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Comments On The Icc Draft Policy Paper On Sexual And Gender Based Crimes, Laurel E. Fletcher, Chris Dolan Feb 2014

Comments On The Icc Draft Policy Paper On Sexual And Gender Based Crimes, Laurel E. Fletcher, Chris Dolan

Laurel E. Fletcher

No abstract provided.

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