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Full-Text Articles in Law

The Rights Of Queer Children, Robyn Linde Jan 2019

The Rights Of Queer Children, Robyn Linde

Faculty Publications

The ratification of the United Nations Convention on the Rights of the Child (crc) has long been hailed as a major event in the realisation of children’s human rights, combining the need for protection with a desire to grant agency through recognition of the evolving capacities of the child. Yet the idea of children’s agency as articulated in the crc excluded sexual identity and expression, and ushered in an incomplete emancipation for lgbtiq children; children who are gender non-conforming; and children whose sexual expression otherwise conflicts with heterosexuality – hereafter queer children. I argue that while the crc granted …


Labor Rights, Human Rights And A Critical Sociology Of Law, Richard R. Weiner Apr 2012

Labor Rights, Human Rights And A Critical Sociology Of Law, Richard R. Weiner

Faculty Publications

Arguing for a transnational labor movement increasingly poses transnational labor rights as transnational human rights. Sociologically, how can such transnational labor rights be secured by institutions at a global level? Moving from human rights to transnational social rights? A seemingly aporia between the concepts of labor rights and human rights can be dialectically mediated by the tradition of a critical sociology of law in yielding a critical sociology of rights.


From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde Mar 2011

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …


Statelessness And Roma Communities In The Czech Republic: Competing Theories Of State Compliance, Robyn Linde Jan 2006

Statelessness And Roma Communities In The Czech Republic: Competing Theories Of State Compliance, Robyn Linde

Faculty Publications

This paper examines the Czech Republic’s passage in 1993 of a citizenship law that rendered approximately 10,000 to 25,000 members of the Roma community stateless. The Czech Republic, a former satellite state of the Soviet Union, peacefully split from the Slovak Republic with the dissolution of the Czechoslovak Federal Republic (hereafter Czechoslovakia) in 1993, a process known as the Velvet Divorce. Following the dissolution, a new citizenship law came into effect that put steep requirements on individuals who wished to gain or retain Czech citizenship. These requirements included verification of a five-year period of residence, a clean criminal record, and …