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Articles 1 - 11 of 11
Full-Text Articles in Law
The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix
The Truth About The Southern Border And The History Of Anti-Black U.S. Immigration Polic, Keriann Stout, Miriam Lacroix
Social Justice Week
A presentation about the human rights violations taking place at the southern border against Haitian immigrants and how this situation fits into a long history of anti-Black immigration policies in the United States.
Targeted Capture, Alexander K.A. Greenawalt
Targeted Capture, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human …
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.
Tampon Taxes, Discrimination, And Human Rights, Bridget J. Crawford
Tampon Taxes, Discrimination, And Human Rights, Bridget J. Crawford
Elisabeth Haub School of Law Faculty Publications
This Article makes two contributions to the study of taxation. First, it argues that the “tampon tax”--an umbrella term to describe sales, VAT, and similar “luxury” taxes imposed on menstrual hygiene products--illustrates how deeply embedded gender is in legal structures such as the tax system that are thought to be neutral. Second, this Article posits that tax reform is an essential tool in achieving both gender equality and human rights. In recent months, activists around the globe have harnessed the power of the Internet to raise awareness of the tampon tax. In response to pressure from constituents, five states and …
The Extraterritorial Application Of Human Rights Treaties: Al-Skeini Et Al. V. United Kingdom (2011), Joseph Sinchak
The Extraterritorial Application Of Human Rights Treaties: Al-Skeini Et Al. V. United Kingdom (2011), Joseph Sinchak
Pace International Law Review Online Companion
The decade proceeding the 9/11 tragedy has been very unkind to the human rights regime, as many western nations have committed human rights abuses in their mission to combat terrorism. Both the United States and the United Kingdom have been engaged in wars in Iraq and Afghanistan, where they perpetrated terrible crimes and violated important tenants of international law. These violations, ranging from allegations of torture to wrongful deaths, are prohibited by human rights law. In fact, human rights treaties such as the International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR) were …
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
The Global Land Rush: Markets, Rights, And The Politics Of Food, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In the past five years, interest in purchasing and leasing agricultural land in developing countries has skyrocketed. This trend, which was facilitated by the 2008 food crisis, is led by state and private investors, both domestic and foreign. Investors are responding to a variety of global forces: Some are securing their own food supply, while others are capitalizing on land as an increasingly promising source of financial returns. Proponents argue that these investments can support economic development in host states while boosting global food production. But critics charge that these “land grabs” disregard land users' rights and further marginalize already …
Indigenous Communities In Peru And The Peruvian Nation State, Jenna Rose Scanlon
Indigenous Communities In Peru And The Peruvian Nation State, Jenna Rose Scanlon
Honors College Theses
In today’s society there are indigenous communities that live and thrive the way that their ancestors did. These people try and maintain their culture while modern society tries to impose their beliefs and practices on them. Peru is a country that is quickly developing and westernizing. These indigenous communities in Peru are considered citizens but do not receive the rights that are granted to them by their constitutions. They have their land unlawfully seized, they are forced into menial jobs where they are abused and exploited, they do not receive adequate education if any, and they are excluded from the …
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Dissertations & Theses
The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green
Elisabeth Haub School of Law Faculty Publications
This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …
The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman
The Four Freedoms: Good Neighbors Make Good Law And Good Policy In A Time Of Insecurity, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
This essay explores the ways that the Four Freedoms were intended to address the dire circumstances of the Second World War. It analyzes the historical context of the 1940s in which the Four Freedoms first emerged, how they formed the basis of the International Bill of Human Rights, and how they evolved over the decades that followed. This essay argues that, restored to their proper place at the center of U.S. policy, the Four Freedoms promise a more principled and more effective grand strategy than the “Global War on Terrorism.” Part I introduces the argument that the Four Freedoms remain …
The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula
The Right To Food: Holding Global Actors Accountable Under International Law, Smita Narula
Elisabeth Haub School of Law Faculty Publications
Economic globalization represents both an unmet opportunity and a significant challenge for the fulfillment of social and economic rights, including the right to food. While corporate sector accountability and the responsibility of international financial institutions (IFIs) to ensure social and economic rights are now at the forefront of the globalization discourse, greater attention must be paid to how these actors can be held accountable under international law. The existing human rights legal framework is ill-equipped to deal with violations committed by non-state actors, such as transnational corporations (TNCs), and multi-state actors, such as IFIs. Using the right to food as …