Law Commons^™

Google’S China Problem: A Case Study On Trade, Technology And Human Rights Under The Gats, Henry S. Gao

Research Collection Yong Pung How School Of Law

Trade and human rights have long had a troubled relationship. The advent of new technologies such as internet further complicates the relationship. This article reviews the relationship between trade, technology and human rights in light of the recent dispute between Google and China from both theoretical and practical perspectives. Starting with an overview of the internet censorship regime in China, the article goes on to assess the legal merits of a WTO challenge in this case. First, the article discusses which service sector or subsectors might be at issue. Second, the article analyzes whether and to what extent China has …

Regulating Business Impacts On Human Rights In Southeast Asia - Lessons From The Eu, Mahdev Mohan

Research Collection Yong Pung How School Of Law

The mid-June endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights has been welcomed as the authoritative global standard for corporations to respect human rights. The Guiding Principles are the culmination of a 6-year UN-commissioned study by Professor John Ruggie, which concludes that companies should carry out human rights due diligence to identify, prevent, mitigate, and account for how they address their adverse human rights impacts. Drawing on related regulation in Europe, this article considers how best to implement the Guiding Principles in Southeast Asia.

People First: The Cuban Travel Ban, Wet Foot-Dry Foot And Why The Executive Branch Can And Should Begin Normalizing Cuba Policy, Jarrett Barrios

Connecticut Public Interest Law Journal

No abstract provided.

A Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice, Katherine A. Womack

Law Student Publications

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to long-reaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia’s tribes an equal place …

Migrant Smuggling: Canada's Response To A Global Criminal Enterprise: With An Assessment Of The Preventing Human Smugglers From Abusing Canada's Immigration System Act (Bill C-4), Benjamin Perrin

All Faculty Publications

Migrant smuggling is a dangerous, sometimes deadly, criminal activity which cannot be rationalized, justified, or excused. From both a supply and demand side, failing to respond effectively to migrant smuggling and deter it will risk emboldening those who engage in this illicit enterprise, which generates proceeds for organized crime and criminal networks, funds terrorism and facilitates clandestine terrorist travel; endangers the lives and safety of smuggled migrants, undermines border security, with consequences for the Canada/U.S. border, and undermines the integrity and fairness of Canada’s mmigration system. Introduced in Parliament in June, 2011, the Preventing Human Smugglers from Abusing Canada’s Immigration …

Front Matters - Vol. 11, No. 1, Connecticut Public Interest Law Journal

Connecticut Public Interest Law Journal

No abstract provided.

Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute

Human Rights Institute

The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.

This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …

Technical Bulletins: Ada Amendments Act Of 2008 (Adaaa): Back To Basics (2011), Bonnie Jones

MTAS Publications: Technical Bulletins

The ADAAA ensures protections for people with disabilities whose conditions have been denied as ADA eligible through years of Supreme Court ADA interpretation.

Evidence Obtained By Cruel, Inhuman Or Degrading Treatment: Why The Convention Against Torture’S Exclusionary Rule Should Be Inclusive, Akmal Niyazmatov

Cornell Law School Inter-University Graduate Student Conference Papers

Convention against Torture (CAT) prohibits admissibility of evidence obtained by torture but fails to extend similar prohibition to evidence obtained by cruel, inhuman or degrading treatment (CIDT evidence). Manfred Nowak argues that CAT's failure to prohibit CIDT evidence can be resolved if in interpreting torture we take the purposive element, instead of severity, as the main element that distinguishes torture from CIDT. He argues that both torture and CIDT require infliction of severe pain and thus it must be the purpose for which severe pain was inflicted that distinguishes torture from CIDT. If the purposive element is key in distinguishing …

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Reports

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …

Prevention Of Human Trafficking: A Review Of The Literature, Portland State University. Criminology And Criminal Justice Senior Capstone

Criminology and Criminal Justice Senior Capstone Project

A review of the literature pertaining to human trafficking reveals that human trafficking is a difficult crime to detect and prevent. Human trafficking involves the trafficking of human beings for the purpose of commercial sexual activities as well as forced labor. These crimes are occurring worldwide. Research indicates organized crime, prostitution, massage parlors, and brothels are closely linked to the crime of human trafficking. Government corruption and transnational criminal organizations contribute significantly to this crime and financial profit is usually the primary motivation. The objective of this report is to examine the various elements of human trafficking including the recognized …

The Mandatory Death Penalty And A Sparsely Worded Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

It was not unexpected that the Singapore Court of Appeal would reaffirm the constitutionality of the mandatory death penalty for certain forms of drug trafficking in Yong Vui Kong v Public Prosecutor [2010] 3 S.L.R 489. ... The appellant made submissions based on Articles 9(1) and 12(1) of the Constitution, which respectively guarantee rights to life and personal liberty, and to equality before the law and equal protection of the law. This note examines aspects of the Article 9(1) arguments.

Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister

All Faculty Scholarship

Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to …

Workplace Religious Accommodation For Muslims And The Promise Of State Constitutionalism, Peter Longo, Joan M. Blauwkamp

Great Plains Research: A Journal of Natural and Social Sciences

This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of …

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard

All Faculty Scholarship

This article examines the Court’s categorical exclusion of mentally retarded defendants from execution and explores how trial courts should employ procedures to accomplish heightened reliability in the mental retardation determination; it maintains that if a mentally retarded defendant is subjected to a death sentence then the Atkins directive has been ignored. To satisfy the Atkins Court’s objective of protecting mentally retarded defendants from the “special risk of wrongful execution,” the article explores whether trial courts should engage in a unified, pre-trial competency assessment in all capital cases where the defendant asserts mental retardation as a bar to execution and how …

The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros

Schmooze 'tickets'

No abstract provided.

Erasing The Non-Judicial Narrative: Victim Testimonies At The Khmer Rouge Tribunal, Mahdev Mohan, Vani Sathisan

2008 Asian Business & Rule of Law initiative

No abstract provided.

We Live In A Country Of Unhcr: The Un Surrogate State And Refugee Policy In The Middle East, Michael Kagan

Scholarly Works

Many gaps in the protection of refugees can be connected to a de facto transfer of responsibility for managing refugee policy from sovereign states to United Nations agencies. This phenomenon can be seen in dozens of countries in the Middle East, Africa and Asia, where the UN High Commissioner for Refugees (UNHCR) or the UN Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) manage refugee camps, register newly arrived asylum-seekers, carry out refugee status determination, and administer education, health, livelihood and other social welfare programs.

In carrying out these functions, the UN acts to a great …

Group Rights: A Defense, David Ingram

Philosophy: Faculty Publications and Other Works

Human rights belong to individuals in virtue of their common humanity. Yet it is an important question whether human rights entail or comport with the possession of what I call group-specific rights (sometimes referred to as collective rights), or rights that individuals possess only because they belong to a particular group. The Universal Declaration of Human Rights (UDHR) says they do. Article 15 asserts the right to nationality, or citizenship. Unless one believes that the only citizenship compatible with a universal human rights regime is cosmopolitan citizenship in a world state – a conception of citizenship that is not countenanced …

Jewish Non-Governmental Organizations, Michael Galchinsky

English Faculty Publications

No abstract provided.

Building A Child Welfare Response To Child Trafficking Handbook (2011), Katherine Kaufka Walts Jd, Shelby French Msw, Msc, Heather Moore Msw, Sehla Ashai Jd

Center for the Human Rights of Children

In 2007, the International Organization for Adolescents (IOFA), under the leadership of Katherine Kaufka Walts the then Executive Director, developed and launched the Building Child Welfare Response to Child Trafficking project. The purpose of this project is to build the capacity of child welfare agencies and service providers to identify and respond to this often invisible and underserved population. The primary goals are to ensure that children are correctly identified as trafficked persons and that they receive the appropriate protections and referrals to specialized services to which they are entitled under federal and state laws. This project, supported by funding …

The Regulatory Turn In International Law, Jacob Katz Cogan

Faculty Articles and Other Publications

In the post-War era, international law became a talisman for the protection of individuals from governmental abuse. Such was the success of this "humanization of international law" that by the 1990s human rights had become "part of... international political and legal culture." This Article argues that there has been an unnoticed contemporary counter trend -- the "regulatory turn in international law." Within the past two decades, states and international organizations have at an unprecedented rate entered into agreements, passed resolutions, enacted laws, and created institutions and networks, formal and informal, that impose and enforce direct and indirect international duties upon …

Double-Edged Paring Knives: Human Rights Dilemmas For Special Populations, Giovanna Shay

Faculty Scholarship

The United States makes up only 5 percent of the world's population, but it incarcerates 25 percent of the globe's prisoners. This unprecedented level of incarceration has brought increased attention to the problems of particular subsets of prisoners sometimes called "special populations." These groups include female prisoners; lesbian, gay, bisexual, transgender (LGBT), and questioning inmates; older prisoners; and prisoners with mental illness and physical disabilities. This Article discusses human rights dilemmas in the treatment of special populations in prison.

The Article surveys ABA Standards and Resolutions that bear on special populations. While ABA Standards do not have the force of …

Transforming Students, Transforming Self: The Power Of Teaching Social Justice Struggles In Context, Raquel Aldana

McGeorge School of Law Scholarly Articles

No abstract provided.

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

The Global Spread Of European Style International Courts, Karen J. Alter

Faculty Working Papers

Europe created the model of embedded international courts (IC), where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European-style ICs: there are now eleven operational copies of the European Court of Justice (ECJ), three copies of the European Court of Human Rights, and a handful of additional ICs that use Europe's embedded approach to international law. After documenting the spread of European-style ICs, the article then explains how two regions chose European style …

Nuremberg And The Crime Of Abortion, Jeffrey C. Tuomala

Faculty Publications and Presentations

The crime of abortion played prominently in two international trials held at Nuremberg following World War II—the Goering and Greifelt cases. Allied prosecutors made the case that voluntary and involuntary abortion were war crimes and crimes against humanity. The Goering Judgment identified policies promoting abortion as activities marking the Political Leadership Corps of the Nazi Party as a Criminal Organization. The Greifelt Indictment charged ten defendants with voluntary and involuntary abortion. A focus of the prosecution’s case was the removal of the protection of law from unborn children in occupied Poland and racially non-valuable unborn children of Eastern workers in …

Atrocity Crimes Litigation Year-In- Review (2010): A Gender Perspective, Valerie Oosterveld

Law Publications

No abstract provided.

Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan, Matthew H. Charity

Faculty Scholarship

The international community continues to struggle with the question of what to do when a nation fails to protect its own people from systemic neglect, mistreatment, or even genocide. For many years, this debate pitted proponents of humanitarian intervention by a third-party against those who believe that all others must defer to the sovereign right of the state to control its own affairs and the affairs of its people. In the midst of this debate, the international community has adopted a middle road: insisting that states must acknowledge their responsibility to protect their populations and if the state manifestly fails …