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Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health Aug 2020

Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health

Northwestern University Law Review

No abstract provided.


Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez Dec 2019

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s ...


Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello Dec 2019

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform ...


Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis Mar 2018

Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Maine Law Review

In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for ...


Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne Apr 2016

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.


Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey Apr 2015

Toward A Fundamental Right To Evade Law? The Rule Of Power In Shelby County And State Farm, Martha T. Mccluskey

Journal of Race, Gender, and Ethnicity

No abstract provided.


Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity Apr 2015

Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity

Journal of Race, Gender, and Ethnicity

No abstract provided.


Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat Jan 2015

Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat

Washington University Global Studies Law Review

For decades, social and physical scientists have asserted that “race” is a social construct rather than a biological reality. Conversely, skin color is objectively identifiable. Yet, the law has focused largely upon racial categories to remedy discrimination against individuals based upon their skin color or “racial” identification. While some authors continue to argue that race is “real” either from a biological or sociological perspective, and others continue to challenge its biological and legal salience, this debate has proven largely unsatisfactory to policy makers and others interested in understanding both the social construction of race and skin color and its impact ...


To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani Jan 2015

To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani

Washington University Global Studies Law Review

People often use race and color terminology interchangeably in common parlance. Within the United States, color terminology often dominates racial discourse due to common use of color-based racial designations such as “Black” and “White.” Color is thus often used as a synonym for race, but while the two do overlap, color is also distinct from race as colorism is from racism.

The relationship between race and color is complex: the two are intertwined, and it can be difficult to tease apart. However, one group that illuminates the distinction between the two is South Asian Americans—peoples in the United States ...


Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves Jan 2015

Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves

Washington University Global Studies Law Review

Color is an important but underdeveloped designation in international law. Color is identified as a protected category in several human rights documents, but despite its status as a protected category, there is no definition of color in these human rights documents. It is generally recognized, however, that color references skin color. In the absence of an established definition, race is often used as a proxy for color. Yet, there is growing skepticism within the human rights community about the legitimacy of using racial categories to distinguish human beings. While race and color are often used interchangeably, it is important to ...


"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood Jan 2015

"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood

Washington University Global Studies Law Review

Colorism, a term believed to be first coined in 1982 by Pulitzer Prize winner Alice Walker, was defined by her to mean the “prejudicial or preferential treatment of same-race people based solely on their color.” It is not racism although there is a clear relationship. A clear example of racism would involve a business that refuses to hire black people. Colorism would not preclude the hiring of a black person, but there would be a preference for a black person with a lighter skin tone than a darker skinned person. From this example one can see too that colorism can ...


“Fuck Your Breath”: Black Men And Youth, State Violence, And Human Rights In The 21st Century, Dr. Jeremy I. Levitt Jan 2015

“Fuck Your Breath”: Black Men And Youth, State Violence, And Human Rights In The 21st Century, Dr. Jeremy I. Levitt

Washington University Journal of Law & Policy

This essay uses personal anecdotes to confront police brutality against Black people living in the United States, assesses both human rights implications and global response mechanisms to anti-Black violence, and proposes solutions to address this pervasive problem. Dr. Levitt calls upon Black people to become stakeholders in the fight for freedom by reconstructing a number of unfortunate dualities in the United States system that put the rights of whites above those of others. In conclusion, Levitt calls for change and a halt to “systematic maltreatment of African-Americans by police agencies.”


Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson Dec 2014

Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson

Cultural Encounters, Conflicts, and Resolutions

Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.

This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used ...


Equality And The European Union, Elizabeth F. Defeis Sep 2014

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.


An Analysis Of The Right To Education In Hurley And Moore V. Secretary Of State For Business, Innovation & Skills And Its Application In The United States, Emma Melton Jan 2014

An Analysis Of The Right To Education In Hurley And Moore V. Secretary Of State For Business, Innovation & Skills And Its Application In The United States, Emma Melton

Washington University Global Studies Law Review

In the past seventy years, the idea of education as a fundamental right has spread in democratic countries throughout the world. Multiple constitutions and international treaties have codified an inalienable right to education provided by the government. Recent litigation has highlighted a possibility that high tuition rates for universities may effectively serve as barriers to accessing higher learning and infringe upon this fundamental right to education.

This Note will address a 2011 case in the United Kingdom, Hurley and Moore v. Secretary of State for Business, Innovation & Skills, which recognized the harm of increasing higher education tuition fees to low-income ...