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Articles 1 - 30 of 101
Full-Text Articles in Law
Proving Intra-Racial Discrimination In The U.S. And Canada: The Room For Making The Artificial Distinction Between Genealogical Relatedness And Race, Martin Kwan
University of Miami Inter-American Law Review
This article takes the role of the Devil’s advocate in order to question the judicial willingness to distinguish “race” from comparable notions. It suggests that, depending on the exact circumstances, a defendant can make an arguable case that the alleged intra–racial discrimination is motivated by perceived genealogical relatedness, but not because of belonging to the same “race.” Factually, the defendant claims to believe in being remotely genealogically related to the plaintiff. This is not unworthy of credence, because it is academically recognized that modern genealogy and root tracing can be an imaginative, forged exercise. Legally, this argument is supportable because …
Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot
Covid–19, Housing And Evictions: A Comparative Case Study Of Housing Law And Policy In The United States And Argentina Through An International Human Rights Lens, Lily Frances Fontenot
University of Miami Inter-American Law Review
This Note seeks to address the impact of international human rights obligations on domestic housing laws and policies through a comparative case study of Argentina and the United States. Specifically, it will discuss each country’s response to the COVID-19 pandemic, their housing obligations under international human rights law, and how each country is addressing their own unique housing and eviction crises. Finally, this Note will offer recommendations on how each country should modify their housing policies in light of the pandemic in order to comply with international human rights standards.
A Human Rights Crisis Under Our Roof, Aglae Eufracio
A Human Rights Crisis Under Our Roof, Aglae Eufracio
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
International Differences In Support For Human Rights, Sam Mcfarland Ph. D.
International Differences In Support For Human Rights, Sam Mcfarland Ph. D.
Societies Without Borders
International differences in support for human rights are reviewed. The first of two sections reviews variations in the strength of ratification of UN human rights treaties, followed by an examination of the commonalities and relative strengths among the five regional human rights systems. This review indicates that internationally the strongest human rights support is found in Europe and the Americas, with weaker support in Africa, followed by still weaker support in the Arab Union and Southeast Asia. The second section reviews variations in responses to public opinion polls on a number of civil and economic rights. A strong coherence in …
U.S. "Asylum Cooperative Agreements" With Central American Countries Are Unlawful, Maria Alejanda Torres
U.S. "Asylum Cooperative Agreements" With Central American Countries Are Unlawful, Maria Alejanda Torres
Human Rights Brief
No abstract provided.
Freedom Of The Press In U.S. Protests, Abigail Rosenthal
Freedom Of The Press In U.S. Protests, Abigail Rosenthal
Human Rights Brief
No abstract provided.
Children's Ombudspersons In The United States, Brian Gran Phd
Children's Ombudspersons In The United States, Brian Gran Phd
Societies Without Borders
In the one country whose national government has failed to ratify the UN Convention on the Rights of the Child, offices of children’s ombudspersons have been established across the United States. This essay will describe these offices, their work and independence, and how strengthening these offices will lead to stronger enforcement of children’s rights. This essay will follow up on a proposal Howard Davidson of the American Bar Association made to establish a national office of children’s ombudsperson for the United States.
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley
Brigham Young University Prelaw Review
In June of 2008, Jeffrey Epstein plead guilty in a Florida court on
two counts of felony prostitution for nonconsensual sex acts against
two girls under eighteen. Evidence showed, however, that the true
scope of his crime encompassed dozens of underage girls. He
was sentenced to eighteen months in jail but ended up only serving
thirteen. Because of the terms of his prison sentence, Epstein
was allowed to leave the jail during the day for work release.
On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler
On The Proposed Legalization Of Commercial Surrogacy: I Thought We Had Abolished The Sale Of Human Beings, Phyllis Chesler
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia
Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia
University of Miami Inter-American Law Review
No abstract provided.
Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan
Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan
Pace International Law Review
On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.
Federalism: Necessary Legal Foundation For The Central Middle Eastern States, Issa Al-Aweel
Federalism: Necessary Legal Foundation For The Central Middle Eastern States, Issa Al-Aweel
Pace International Law Review
The Central Middle East—comprising of Syria, Israel, Palestine, Lebanon, and Jordan—is in need of a legal foundation defined by a constitutional umbrella that governs it as a whole. This is a proposed broad structure of such legal foundation that serves regional legal and economic needs and includes recognition of human rights.
The need for such restructuring is evident from the persistence of regional conflict and instability. Conflict and instability have been constants in the region in general and certainly in the listed five states. The issues include political instability, terrorism, continuous threats of fundamentalism, and pervasive disregard to human life …
Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter
Touro Law Review
No abstract provided.
From Pelican Bay To Palestine: The Legal Normalization Of Force-Feeding Hunger-Strikers, Azadeh Shahshahani, Priya Arvind Patel
From Pelican Bay To Palestine: The Legal Normalization Of Force-Feeding Hunger-Strikers, Azadeh Shahshahani, Priya Arvind Patel
Michigan Journal of Race and Law
Hunger-strikes present a challenge to state authority and abuse from powerless individuals with limited access to various forms of protest and speech—those in detention. For as long as hunger-strikes have occurred throughout history, governments have force-fed strikers out of a stated obligation to preserve life. Some of the earliest known hunger-strikers, British suffragettes, were force-fed and even died as a result of these invasive procedures during the second half of the 19th century.
This Article examines the rationale and necessity behind hunger strikes for imprisoned individuals, the prevailing issues behind force-feeding, the international public response to force-feeding, and the legal …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
Georgia Journal of International & Comparative Law
No abstract provided.
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Georgia Journal of International & Comparative Law
No abstract provided.
Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram
Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram
Georgia Journal of International & Comparative Law
No abstract provided.
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …
The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner
The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner
Michigan Law Review First Impressions
The legal aftermath of the Holocaust continues to unfold in U.S. courts. Most recently, the Seventh Circuit dismissed claims against the Hungarian national railway and Hungarian national bank for World War II-era crimes against Hungarian Jews on the grounds that the plaintiffs had not exhausted available local remedies in Hungary or provided a “legally compelling” reason for not doing so. More broadly, heated debates about the role of U.S. courts in enforcing international human rights law have not abated since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co., which restricted but did not eliminate federal …
Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson
Catherine Lennon's Story: Lessons From Front Line Advocacy On The Human Right To Housing, Rob Robinson
Journal of Law and Social Policy
Discusses the United States housing crisis, where four and a half million families were foreclosed on between 2008 and 2013. Families who lacked universal or adequate health insurance, found the physical pain and suffering of a loved one was soon followed by the economic pain and suffering associated with the high costs of health care. The human reality of this suffering is reflected by the story of New York state resident Catherine Lennon. Ensuring the pay out to Bank of America was the law firm of Steven J. Baum, the notorious New York based foreclosure mill, which has since been …
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny
Pace Law Review
This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …
Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner
Panel Iii--Universal And Regional Human Rights Systems And The Potential For United States Accession To The American Convention On Human Rights, Gabriel Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart
The Potential For United States Adoption Of The Genocide Convention And The Convention Against Torture, David Stewart
Georgia Journal of International & Comparative Law
No abstract provided.
The Politics Of Ratification: The Potential For United States Adoption And Enforcement Of The Convention Against Torture, The Covenants On Civil And Political Rights And Economic, Social And Cultural Rights, Winston P. Nagan
Georgia Journal of International & Comparative Law
No abstract provided.
The Potential For The United States Joining The Covenant Family, Alfred De Zayas
The Potential For The United States Joining The Covenant Family, Alfred De Zayas
Georgia Journal of International & Comparative Law
No abstract provided.
United States Ratification Of The United Nations Covenants, Richard B. Lillich
United States Ratification Of The United Nations Covenants, Richard B. Lillich
Georgia Journal of International & Comparative Law
No abstract provided.
The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab
The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab
Georgia Journal of International & Comparative Law
No abstract provided.
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.