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Human Rights Law Commons

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Articles 1 - 15 of 15

Full-Text Articles in Human Rights Law

Access To Justice In Latin America: A Changing Legal Landscape, Joan Vermeulen Jul 2016

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 Jul 2016

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 Jul 2016

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 Jan 2016

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 Jan 2016

Advocacy At The Leading Edge Of Social Change: The Importance Of Front Line Innovators, Frank W. Munger

Articles & Chapters

No abstract provided.


Merchants And Thieves, Hungry For Power: Prosecutorial Misconduct And Passive Judicial Complicity In Death Penalty Trials Of Defendants With Mental Disabilities, Michael L. Perlin Jan 2016

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 Jan 2016

The Quest For Constitutionalism: South Africa Since 1994, Penelope Andrews

Other Publications

No abstract provided.


Myths Meet Reality: How We Are Not Fighting Trafficking Or Supporting Trafficking Survivors, Denise Brennan Jan 2016

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 Jan 2016

Innovation At The Front Lines, Pamela K. Chen

NYLS Law Review

No abstract provided.


The Next Fifteen Years, Melynda Barnhart Jan 2016

The Next Fifteen Years, Melynda Barnhart

NYLS Law Review

No abstract provided.


Innovations In The Fight Against Human Trafficking: Advocates’ Perspectives And Proposals, Florrie Burke Jan 2016

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 Jan 2016

An Organizing Approach To Human Trafficking In Domestic Work, Tiffany Williams, Leah Obias

NYLS Law Review

No abstract provided.


Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein Jan 2016

Said I, But You Have No Choice: Why A Lawyer Must Ethically Honor A Client's Decision About Mental Health Treatment Even If It Is Not What S/He Would Have Chosen, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper addresses a remarkably under-considered topic: the ethical standards for lawyers representing persons with mental disabilities. Although there is an extensive body of literature endorsing “zealous advocacy” as the standard for the criminal defense lawyer in “ordinary” cases, there is virtually no literature (or case law) on this question in this context.

Our thesis is simple. We reject the model of “paternalism/best interests” that is regularly substituted for a traditional legal advocacy position, and a substitution that is rarely questioned. We believe this presumption flies in the face of statutory law, constitutional law, and international human rights law, and …


Justice, Reconciliation, And The Masculinist Way: What Role For Women In Truth And Reconciliation Commissions?, Penelope Andrews Jan 2016

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 …


The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann Jan 2016

The Struggle For The Rule Of Law In South Africa (Symposium: Twenty Years Of South African Constitutionalism: Constitutional Rights, Judicial Independence And The Transition To Democracy), Stephen J. Ellmann

Articles & Chapters

No abstract provided.