Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (42)
- Law and Psychology (31)
- Disability Law (19)
- Immigration Law (17)
- Civil Rights and Discrimination (16)
-
- Law and Gender (15)
- Criminal Law (14)
- Constitutional Law (12)
- Comparative and Foreign Law (9)
- Jurisprudence (9)
- Law Enforcement and Corrections (9)
- International Humanitarian Law (8)
- Law and Society (8)
- Family Law (6)
- Health Law and Policy (6)
- Legal Profession (6)
- Military, War, and Peace (6)
- Sexuality and the Law (6)
- Supreme Court of the United States (5)
- Civil Procedure (4)
- Criminal Procedure (4)
- Elder Law (4)
- Law and Race (4)
- Legal Education (4)
- Legal History (4)
- Legal Remedies (4)
- Courts (3)
- First Amendment (3)
- Keyword
-
- Human rights (28)
- International human rights law (17)
- Mental disability law (14)
- South Africa (13)
- Therapeutic jurisprudence (11)
-
- Immigration (10)
- Human trafficking (7)
- Human dignity (6)
- Sanism (6)
- Human Rights (5)
- International Labour Organization (5)
- International law (5)
- New York Law School (5)
- Right to counsel (5)
- Trafficking Victims Protection Act of 2000 (5)
- United Nations (5)
- Asylum (4)
- Convention on the Rights of Persons with Disabilities (4)
- International human rights (4)
- Thailand (4)
- ACLU (3)
- Advocacy (3)
- Bill of Rights (3)
- Book review (3)
- Children (3)
- Criminal law (3)
- Insanity defense (3)
- Institutional rights (3)
- Participatory justice (3)
- Psychiatric institutions (3)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 152
Full-Text Articles in Human Rights Law
The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau
The Distant Ships Of Liberty: Why Criminology Needs To Take Seriously International Human Rights Laws That Apply To Persons With Disabilities, Michael L. Perlin, Alison Lynch, Kelly Frailing, Ashley Juneau
Articles & Chapters
Persons institutionalized in forensic psychiatric facilities have been hidden from the public view for decades – physically, socially, and legally. The forensic population also faces multiple forms of discrimination, both for their criminal history and mental illness. This reality must be radically reconsidered in light of the ratification of the United Nations’ Convention on the Rights of Persons with Disabilities (CRPD), the first legally binding instrument devoted to the comprehensive protection of the rights of persons with disabilities. There has been, however, virtually no attention paid by criminologists to the potential impact of this Convention on forensic populations. In this …
"My Bewildering Brain Toils In Vain": Traumatic Brain Injury, The Criminal Trial Process, And The Case Of Lisa Montgomery, Alison Lynch, Michael L. Perlin, Heather Ellis Cucolo
"My Bewildering Brain Toils In Vain": Traumatic Brain Injury, The Criminal Trial Process, And The Case Of Lisa Montgomery, Alison Lynch, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
Individuals with traumatic brain injuries (TBI) have a greater risk of becoming justice-involved due to the role that many TBIs play in impulse control and judgment. Attorneys assigned to represent this cohort may not have encountered individuals with TBI before, and may not be familiar with behavioral manifestations that could be relevant as a defense or as mitigation in individual cases. In this regard, TBI is grossly misunderstood.
A grave example of this point, and a foundation for this article, is the case of Lisa Montgomery, who despite evidence of serious mental illness and significant brain damage, was convicted, sentenced …
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
The Interdependence Of Racial Justice And Free Speech For Racists, Nadine Strossen
Articles & Chapters
No abstract provided.
See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo
See This Empty Cage Now Corrode: The International Human Rights And Comparative Law Implications Of Sexually Violent Predator Laws, Michael L. Perlin, Heather Ellis Cucolo
Articles & Chapters
From every perspective, our sexually violent predator (SVPA) laws are a miserable failure. In this paper, we present a new approach: a turn to international human rights law as a source of rights for the population in question, and a consideration of the matter from the perspective of comparative law.
To briefly summarize, many nations have enacted laws that both mirror and contradict early developments in United States civil commitment jurisprudence. In these nations, though, challenges to community containment and preventive detention laws have been more successful when based upon international human rights law. Also, registry notification is generally far …
Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews
Editorial: Special Focus On 'Dignity Takings And Dignity Restorations', Penelope Andrews
Articles & Chapters
No abstract provided.
'Your Old Road Is/Rapidly Agin': International Human Rights Standards And Their Impact On Forensic Psychologists, The Practice Of Forensic Psychology, And The Conditions Of Institutionalization Of Persons With Mental Disabilities, Michael L. Perlin
Articles & Chapters
An earlier version of this paper was presented as the Lynn Stuart Weiss lecture at the American Psychological Association yearly conference, sponsored by the American Psychology-Law Society and the American Psychology Foundation, August 2016, Denver, Colorado.
For years, considerations of the relationship between international human rights standards and the work of forensic psychologists have focused on the role of organized psychology in prisoner abuse at Guantanamo Bay and Abu Ghirab. That issue has been widely discussed and debated, and these discussions show no sign of abating. But there has been virtually no attention given to another issue of international human …
Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson
Administrative Chaos: Responding To Child Refugees - U.S. Immigration Process In Crisis, Lenni Benson
Articles & Chapters
The Immigration court is the wrong forum to consider the protection needs of migrant children. Worse still, our multiple agencies that adjudicate parts of children’s cases combined with the rapidly shifting policies are causing administrative chaos for the children and the system.
Central Issues In The Protection Of Child Migrants, Mary Crock, Lenni Benson
Central Issues In The Protection Of Child Migrants, Mary Crock, Lenni Benson
Articles & Chapters
In this introductory chapter we identify themes that will be carried throughout the book. We begin in section 2 with a discussion of the human rights challenges presented by children on the move, posing questions that our contributors will address as they build on the themes we identify. This is followed by an examination ofobstacles that have been created to recognising child migrants as rights bearers. After setting out in section 4 a brief outline of the book’s structure, the chapter concludes with some comments on global initiatives that have been made to address the challenges associated with mass migration …
'The Pain I Rise Above': How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin
'The Pain I Rise Above': How International Human Rights Can Best Realize The Needs Of Persons With Trauma-Related Mental Disabilities, Mehgan Gallagher, Michael L. Perlin
Articles & Chapters
No abstract provided.
Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson
Finding The Forum That Fits: Child Immigrants And Fair Process, Lenni Benson
Articles & Chapters
No abstract provided.
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
Despite Acquittal, Man Assigned Sex Offender Registry Status, Arthur S. Leonard
Other Publications
No abstract provided.
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Sessions’ New Asylum Posture & Lgbtq Refugees, Arthur S. Leonard
Other Publications
No abstract provided.
Texas Leads In Penalized Nursing Homes, Joanne Doroshow
Texas Leads In Penalized Nursing Homes, Joanne Doroshow
Other Publications
No abstract provided.
Introduction, Brandt Goldstein
The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe
The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe
Articles & Chapters
Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging the failure to charge in entire classes of cases. Undercharging can similarly undermine theefficacy and legitimacy of the criminal justice system. While few have focused on this question in thedomestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and misses …
God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin
Articles & Chapters
Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …
Marriage Matters In December, Arthur S. Leonard
Marriage Matters In December, Arthur S. Leonard
Other Publications
No abstract provided.
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
How Texas Governor Hopes To Undo Marriage Equality, Arthur S. Leonard
Other Publications
No abstract provided.
Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen
Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen
Wilf Impact Center for Public Interest Law
No abstract provided.
Caught In The Web: Immigrant Children In Removal Proceedings, Claire R. Thomas, Lenni B. Benson
Caught In The Web: Immigrant Children In Removal Proceedings, Claire R. Thomas, Lenni B. Benson
Wilf Impact Center for Public Interest Law
No abstract provided.
Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb
Access To Justice In Buffalo And Beyond: Making The Justice System More Welcoming For Refugees, Fidèle Menavanza, Ms, Llb
Wilf Impact Center for Public Interest Law
No abstract provided.
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Justice Harlan's Enduring Importance For Current Civil Liberties Issues, From Marriage Equality To Dragnet Nsa Surveillance, Nadine Strossen
Articles & Chapters
No abstract provided.
Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger
Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger
Articles & Chapters
No abstract provided.
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews
Articles & Chapters
During periods of armed conflict, women and girls are frequently subjected to violence because of their gender. National governments have attempted to address this issue through transitional justice mechanisms like truth and reconciliation commissions. The record of women’s input and participation in these processes, however, is rather poor. In this article, I highlight the role of South Africa’s Truth and Reconciliation Commission (SATRC) and the opportunity the SATRC missed in failing to comprehensively confront andexamine the systemic nature of violence against women under apartheid. Many transitional justice mechanisms, the SATRC being one of the more vivid examples, have adopted a …
Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin
Articles & Chapters
In spite of the Supreme Court’s decisions in Ford v. Wainwright (1986), Atkins v. Virginia (2002), and Hall v. Florida (2014), persons with severe psychosocial and intellectual disabilities continue to be given death sentences, in some cases leading to actual execution. Although the courts have been aware of this for decades -- dating back at least to the infamous Ricky Rector case in Arkansas -- these base miscarriages of justice continue and show no sign of abating. Scholars have written clearly and pointedly on this issue (certainly, more frequently since the Atkins decision in 2002), but little has changed.
I …
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews
Other Publications
No abstract provided.
Innovations In The Fight Against Human Trafficking: Advocates’ Perspectives And Proposals, Florrie Burke
Innovations In The Fight Against Human Trafficking: Advocates’ Perspectives And Proposals, Florrie Burke
NYLS Law Review
No abstract provided.
An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias
An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias
NYLS Law Review
No abstract provided.
Myths Meet Reality: How We Are Not Fighting Trafficking Or Supporting Trafficking Survivors, Denise Brennan
Myths Meet Reality: How We Are Not Fighting Trafficking Or Supporting Trafficking Survivors, Denise Brennan
NYLS Law Review
No abstract provided.
Innovation At The Front Lines, Pamela K. Chen