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Articles 1 - 30 of 359
Full-Text Articles in Social and Behavioral Sciences
Establishing Consent: The Role Of Women Representatives In Passing Informed Consent Laws, Sophia Stockham
Establishing Consent: The Role Of Women Representatives In Passing Informed Consent Laws, Sophia Stockham
Department of Political Science: Dissertations, Theses, and Student Research
What predicts the adoption of informed consent laws for pelvic exams within the United States? As of January 2023, 22 states have adopted informed consent laws for pelvic examinations on women, with eleven being under Democratic control, six being Republican control, and five with divided control between the legislature and gubernatorial level at the time of adoption. Little attention, however, has been given to women’s health mandates outside the issue of abortion and to variation among state partisan adoption regarding informed consent for pelvic exams. This paper examines the impact of partisanship, the percentage of women in the legislature, and …
Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd
Legal, Policy, And Environmental Scholars Discuss Global Food Systems At Indiana Law Symposium, James Owsley Boyd
Keep Up With the Latest News from the Law School (blog)
The Indiana University Maurer School of Law and its Indiana Journal of Global Legal Studies are hosting scholars from around the country Friday and Saturday (Jan. 19-20) for an interdisciplinary discussion on one of the world’s most prevalent problems—food insecurity.
Data from the World Bank estimate more than 780 million people around the world suffered from chronic hunger in 2022. As climate change affects agricultural production and water accessibility, the problem could worsen in coming years.
“A Fragile Framework: How Global Food Systems Intersect with the International Legal Order, the Environment, and the World’s Populations” will bring together legal, policy, …
Refugee Health In Philadelphia, Marc Altshuler, Md
Refugee Health In Philadelphia, Marc Altshuler, Md
Academic Commons Workshops and Presentations
No abstract provided.
Looted Cultural Objects, Elena Baylis
Looted Cultural Objects, Elena Baylis
Articles
In the United States, Europe, and elsewhere, museums are in possession of cultural objects that were unethically taken from their countries and communities of origin under the auspices of colonialism. For many years, the art world considered such holdings unexceptional. Now, a longstanding movement to decolonize museums is gaining momentum, and some museums are reconsidering their collections. Presently, whether to return such looted foreign cultural objects is typically a voluntary choice for individual museums to make, not a legal obligation. Modern treaties and statutes protecting cultural property apply only prospectively, to items stolen or illegally exported after their effective dates. …
When John Locke Meets Lao Tzu: The Relationship Between Intellectual Property, Biodiversity And Indigenous Knowledge And The Implications For Food Security, Paolo Davide Farah, Marek Prityi
When John Locke Meets Lao Tzu: The Relationship Between Intellectual Property, Biodiversity And Indigenous Knowledge And The Implications For Food Security, Paolo Davide Farah, Marek Prityi
Articles
This article aims to examine the relationship between the concepts of intellectual property, biodiversity, and indigenous knowledge from the perspective of food security and farmers’ rights. Even though these concepts are interdependent and interrelated, they are in a state of conflict due to their inherently enshrined differences. Intellectual property is based on the need of protecting individual property rights in the context of creations of their minds. On the other hand, the concepts of biodiversity, indigenous knowledge and farmers’ rights accentuate the aspects of equity and community. This article aims to analyse and critically assess the respective legal framework and …
Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert
Walking The Walk: Ex-Prisoners, Lived Experience, And The Delivery Of Restorative Justice, Allely Albert
Articles
Although the role of prisoners and ex-prisoners has recently received significant attention in restorative justice research, the literature typically treats them as the ‘offending’ party within restorative justice processes. This article instead focuses on ex-prisoners as facilitators of restorative justice, highlighting their ability to lead such programmes. Using a case study from Northern Ireland, the article examines the way that experiences of incarceration have directly influenced practitioners’ skills and their ability to uphold restorative justice principles. It is contended that qualities developed and honed in the prison environment ultimately translate to unique characteristics that can improve the restorative process. As …
Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki
Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki
Publications and Research
Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.
“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert
“Social Workers By Day And Terrorists By Night?” Wounded Healers, Restorative Justice, And Ex-Prisoner Reentry, Allely Albert
Articles
Common to many post-conflict societies, former political prisoners and combatants in Northern Ireland are often portrayed as security threats rather than as potential contributors to societal peacebuilding processes. This distrust limits their ability to contribute to the transitional landscape and additionally hinders desistance processes during their reentry from prison. Drawing from the work of Maruna, LeBel, and others on “wounded healers,” this article critically examines the restorative justice work of ex-prisoners who have become involved in leadership roles within community based restorative justice. It is argued that such practitioner work can help former combatants overcome many of the challenges typically …
Will Idaho’S “Abortion Trafficking” Law Hinder Efforts To Prevent Human Trafficking?, Daniela Peterka-Benton, Bond Benton
Will Idaho’S “Abortion Trafficking” Law Hinder Efforts To Prevent Human Trafficking?, Daniela Peterka-Benton, Bond Benton
School of Communication and Media Scholarship and Creative Works
No abstract provided.
Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland
Does Electoral Proximity Influence Commitment To International Human Rights Law?, Nolan Ragland
Baker Scholar Projects
The core international human rights treaties from the United Nations have been signed and ratified by varying groups of states, and much of previous research has been dominated by a desire to explain ratification of international human rights law (IHRL) through the democratic lock-in effect and states’ economic and political ties to one another. In this paper, I seek to understand when states are ratifying IHRL, testing whether the presence of elections influences commitment to three of the nine core international human rights treaties: the International Convention on the Protection of the Rights of All Migrant Workers and Members of …
The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi
The Aftermath Of Dobbs: How The Criminalization Of Abortion Has Obstructed The Exercise Of Bodily Autonomy, Sonia Bakshi
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
This Blog addresses the topic of bodily autonomy in relation to the criminalization of abortion because everyone should be entitled to the right to make their own choices, especially when it comes to their bodies, and even greater, their selves as a whole. With the recent overturning of Roe v. Wade, the ability to exercise bodily autonomy has never been more obstructed. The Supreme Court has left the nation with the impression that they do not believe women are capable of making decisions about their own bodies or their own futures. Now, it’s important to look into what the ripple …
Call For Proposals 2023: The Social Practice Of Human Rights And The And The 6th International Conference On The Right To Development, University Of Dayton
Call For Proposals 2023: The Social Practice Of Human Rights And The And The 6th International Conference On The Right To Development, University Of Dayton
Content presented at the Social Practice of Human Rights Conference
Call for proposals: We welcome contributions that focus on the following sub-themes or any related topic:
- Inclusive development — redistributive models; business and human rights; rights-based economies and financial institutions; global supply chains; inequalities; and Agenda 2030 and the Sustainable Development Goals.
- Social transformation, movements, and resistance — new forms of civic and cultural engagement, education, and pedagogy; the intersection of theater, art and activism; music, performance, and visual culture; new technologies; resistance to anti-rights movements; and democratic fragility.
- Climate change and sustainability — climate and environmental justice; ecological disaster; natural resources exploitation; building sustainable futures; corporate interests; and fiscal …
Flyer: 2023 Conference, University Of Dayton
Flyer: 2023 Conference, University Of Dayton
Content presented at the Social Practice of Human Rights Conference
Promotional flyer: The University of Dayton Human Rights Center, the Centre for Human Rights of the Faculty of Law, University of Pretoria, and the University of the Free State Centre for Human Rights, South Africa, jointly convene the 2023 Social Practice of Human Rights Conference and the 6th International Conference on the Right to Development, set for Nov. 2-4, 2023.
The call for proposals is now available, and submissions are open through May 8, 2023.
Post-Conflict Reconciliation In Ukraine, Elena Baylis
Post-Conflict Reconciliation In Ukraine, Elena Baylis
Articles
Reconciliation mechanisms should be a core component of transitional justice in Ukraine. The nature of this conflict as a war justified by claims about history, identity, and legitimacy suggests that there will be a need for post-war reconciliation initiatives. Such reconciliation measures would be intended to enable Ukraine’s Russian, Ukrainian, and other communities to live together constructively within the same state. The goals of social reconciliation also converge with Ukraine’s long-term, political aims vis-à-vis both Russia and the European Union. This paper addresses three types of reconciliation measures that are important for post-conflict Ukraine. Instrumental mechanisms to engage post-conflict social …
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Climate Justice In The Anthropocene And Its Relationship With Science And Technology: The Importance Of Ethics Of Responsibility, Paolo Davide Farah, Alessio Lo Giudice
Articles
Climate change is a global phenomenon. Therefore, globalization is the necessary hermeneutical horizon to develop an analysis of the metamorphosis climate change could cause at a political, social, and economic level. Within this horizon, this Article shows how the relationship between the concept of the Anthropocene epoch and the request for justice allows for framing a climate-justice and intergenerational equity–focused political interpretation of the effects of climate change. In order to avoid reducing such an interpretation to merely an ideological critique of capitalism, the conception of climate justice needs to be grounded in a rational, ethical model. This Article proposes …
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
The International Legal Order And The Rule Of Law, Vivian Grosswald Curran
Articles
This article addresses whether international law today is capable of instituting the rule of law. It offers a renewed look at the internationalists who brought us modern international law, such as Lauterpacht, Cassin and Lemkin. They tenaciously worked at placing the individual’s right to life and to human dignity front and center in international law while also preserving peace among states. Their struggle began in earnest first in the interwar years after the “war to end all wars” (1918 – 1939), and then again in 1945 after yet another, still worse, world war had occurred, devastating Europe, but leaving the …
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
The Intenational Crimial Court (Icc) As A Mechanism For Global Justice And Rule Of Law, Paolo Davide Farah
Book Chapters
Throughout history, institutions have been the chosen platforms for governing and regulating society. However, in the twenty-first century, with unprecedented connectivity and interdependence, working toward multilateral solutions for global challenges, whether in climate change through the UNFCCC or in trade via the World Trade Organization, has become increasingly complex. This rise in complexity within the international landscape has not been met with proportional attention to cooperation, conflict resolution, and harmonizing human values.
It is relevant to highlight the intersection between the International Criminal Court (ICC) and broader questions within international humanitarian law, (IHL) its interconnections and intertwinement with International Criminal …
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
CISLA Senior Integrative Projects
Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …
A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor
A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor
Independent Study Project (ISP) Collection
The effects of climate change are becoming more pronounced, and they will have an increasingly destabilizing effect on societies around the globe. This research paper utilizes primary source material (e.g. interviews with field experts) and secondary source material to analyze the relationship between climate change and armed conflict, and the response of international humanitarian law. The consequences of climate change, like changing weather patterns, will increase global migration and strain the resources of host communities. This phenomenon, in addition to other climate-induced factors, may increase the likelihood of armed conflict breaking out. The case studies of the Darfur conflict in …
The Weaponization Of Rape: Military Culture, Tactical Warfare, And Legal Justice, Claire Velte
The Weaponization Of Rape: Military Culture, Tactical Warfare, And Legal Justice, Claire Velte
International Relations Summer Fellows
The long-accepted narrative of wartime rape is one of inevitability, with sexual violence committed at the hands of soldiers during conflict being written off as an unavoidable side-effect of war. In reality, however, wartime rape can be systematically and tactically employed by military forces to terrorize the bodies of their enemies, often as an attempt to physically and psychologically destroy certain populations. The act itself, when employed tactically, is legally recognized as a weapon of war—and the rape of civilians by military forces was legally designated as a crime against humanity in 1993—yet rape continues to be utilized in conflict …
An Ngo Alternative Report For The Un Committee On The Elimination Of Racial Discrimination, Lonita Benson, Sarah Diaz, Katherine Kaufka Walts, Meghan Scholnick
An Ngo Alternative Report For The Un Committee On The Elimination Of Racial Discrimination, Lonita Benson, Sarah Diaz, Katherine Kaufka Walts, Meghan Scholnick
Center for the Human Rights of Children
No abstract provided.
The Inappropriate Use Of Juvenile Records In Immigration Discretion, Sarah Diaz, Lisa Jacobs
The Inappropriate Use Of Juvenile Records In Immigration Discretion, Sarah Diaz, Lisa Jacobs
Center for the Human Rights of Children
No abstract provided.
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Research outputs 2022 to 2026
Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …
The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya
The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya
Department of Political Science: Dissertations, Theses, and Student Research
Iraq has had a long history of human rights violations since its inception as a modern state in 1921. This is true especially under the personalistic dictatorship of Saddam Hussein. Under his regime, the Iraqi people suffered a consistent pattern of gross violations of internationally recognized human rights, including political imprisonment, torture, and summary and arbitrary executions. This regime used a variety of mechanisms to squelch political dissent, including house-to-house searches; arbitrary arrests, often in large numbers; surveillance; harassment and questioning of family members; detention of targeted individuals, such as those returning to Iraq pursuant to amnesties, at unknown locations; …
Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil
Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil
Independent Study Project (ISP) Collection
Separated by only 14 kilometers of water from Spain, Morocco has become a common destination for many sub-Saharan irregular migrants trying to reach Europe. With a large population of these migrants, Morocco has had to make important decisions on how to manage its irregular migrant population. However, the terrible conditions and regular violations of human rights that irregular migrants in Morocco are subject to lead one to ponder the role that international relations has and the extent to which human rights is a consideration in the policymaking of irregular migration. Applied to the three primary theories of international relations, liberalism, …
Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos
Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos
Independent Study Project (ISP) Collection
Since its inception, the United Nations Convention Against Torture (UNCAT) conceived torture as a state crime. The Convention established a so-called “state-nexus” that effectively excludes torture committed by non-state actors. The Committee Against Torture as well as the world’s major anti-torture NGOs have almost exclusively focused on ill-treatment perpetrated by state entities. Yet, there have been efforts to extend the definition to private actors, including the “de facto authority” approach, and the due diligence doctrine. This article explores the effectiveness of these efforts to expand the scope of the UNCAT when applied to organized criminal organization such as gangs and …
The Future Of Multinational Accountability Within The Environmental Policy Nexus, Lauren Beasley
The Future Of Multinational Accountability Within The Environmental Policy Nexus, Lauren Beasley
Independent Study Project (ISP) Collection
The purpose of this paper is to examine current international environmental policy shortcomings regarding multinational accountability, explore future legally binding options, and offer a resolution towards effective accountability mechanisms. To do so, it uses a two-part methodology composed of a comprehensive engagement with existing secondary sources from the academic literature and four interviews with experts in the field. The paper builds out considerations in seven key areas for normative consideration regarding the future of legally binding environmental policy. These considerations are hard law considerations in: International Law, International Human rights law, International Humanitarian Law, and International Environmental Law and procedural …
¿Qué Es Un Campesino? ¿Qué Son Los Campesinados? Un Breve Documento Sobre Cuestiones De Definición, Marc Edelman
¿Qué Es Un Campesino? ¿Qué Son Los Campesinados? Un Breve Documento Sobre Cuestiones De Definición, Marc Edelman
Publications and Research
En muchos (aunque no todos) los instrumentos internacionales de derechos humanos, el artículo 1.º se utiliza para definir a los titulares de derechos. Las precisiones normativas de este tipo pueden ser controversiales —por ejemplo, en debates sobre quién es un “niño” en el periodo previo a la Convención sobre los Derechos del Niño—, pero también puede serlo su ausencia (como ocurrió con la Declaración sobre los Derechos de los Pueblos Indígenas). La pregunta de cómo definir campesino y campesinado tiene una historia larga, complicada y polémica. Las definiciones de los grupos humanos surgen o son creadas con diferentes propósitos, incluyendo …
Torture In Our Schools?, Leila Nadya Sadat
Torture In Our Schools?, Leila Nadya Sadat
Scholarship@WashULaw
America’s kids are not okay. As gun violence surges and politicians dither, school shootings are traumatizing a generation of youth. While only one manifestation of America’s gun violence crisis, school shootings are shocking in their ferocity, the senseless and random nature of the violence, and their impact upon millions of young, captive, and vulnerable individuals. This Essay makes the claim that the suffering of America’s school children from uncontrolled gun violence may be significant enough in scale and kind to rise to the level of ill-treatment under international law, violating U.S. treaty obligations and customary international law. If so, their …
Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran
Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran
Articles
U.S. courts in Foreign Sovereign Immunities Act (“FSIA”) cases must interpret a comprehensive statute which has been said to stand or fall on its terms. At the same time, in Nazi-looted art cases, they do not ignore entirely the backdrop of the U.S.’ adoption of international principles and declarations promising to ensure the return of such art. To some extent, such an undertaking has been incorporated into a statutory amendment of the FSIA. The years 2021 and 2022 have seen major developments in the FSIA both at the U.S. Supreme Court and in the D.C. Circuit Court of Appeals in …