Social and Behavioral Sciences Commons^™

The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi

Themis: Research Journal of Justice Studies and Forensic Science

The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …

Socio-Economic Well-Being Of International F-1 Students Living And Working In The United States, Elena K. Taborda

Graduate Doctoral Dissertations

According to United States law, international F-1 students are nonimmigrant aliens residing in the United States temporarily. Yet, they are more than just short-term visitors, as many of them live in the country for years while pursuing their postsecondary studies. Since international students are foreign citizens, their rights and freedoms are bound by the constraints of the country’s immigration policies. This study is concerned with work-related restrictions imposed on F-1 students by the U.S. government, positioning international students’ limited opportunities for employment as being in violation with their basic human right to economic and social development.

This multi-method project drew …

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

How States Respond To The Human Rights Violations Of A Past Dictatorship: The Cases Of Argentina And Chile, Michaela Drucker

Senior Theses and Projects

Many countries around the world have suffered from disastrous dictatorships riddled with human rights abuses. This thesis aims to answer the question of what happens after the dictatorship to address these human rights violations and why the responses differ from country to country. This paper poses six possible explanations as to what motivates justice, specifically prosecutions against former perpetrators: 1) the heinousness of the human rights violations, 2) the type of transition, 3) the legal structure, 4) the role of the executive, 5) international pressure through transnational advocacy networks, and 6) diffusion theory--the occurrence of similar justice policies in geographically …

Exploring The Effect Of The Ruggie Framework For Human Rights, Louise Rosenmeier, Peter Neergaard

The International Journal of Ethical Leadership

No abstract provided.

The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons

All Faculty Scholarship

Recent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.

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 concept …

Singapore, Land Use And The Lessons For Human Development, Wellington Migliari

Journal of Comparative Urban Law and Policy

A study of the impact of using land use controls as a strategic tool to further human development among all social classes is presented. We advocate that human rights include a long-term practice of combining public policies, manufacturing industry, and property system. Further, this study strives to educate economists and those in other academic areas (e.g. humanities) on the importance of considering land use, ownership, and urban planning with economics to form a new theory of developmentalism. Singapore provides a case study demonstrating similar aspects that may shed light on that debate. The Housing & Development Board and the Urban …

Rehumanization Among Veterans Of The Yugoslav Wars: Rethinking Reconciliation And Post-Conflict Justice, Jordan N. Kiper

Biennial Conference: The Social Practice of Human Rights

Rehumanization is a central element in powerful social movements after war. Drawing from ethnographic fieldwork in the Balkans, I consider the convergence and divergence between notions of rehumanization found in human rights literature and the role of rehumanization among veterans in Bosnia-Herzegovina and Serbia. Rehumanization plays a prominent role among these veterans because of the International Criminal Tribunal for the former Yugoslavia (ICTY), which has had varied social effects on Balkan communities. By supporting the ICTY, veteran associations have vetted themselves of potential war criminals, and thereby developed overlapping justice discourses that converge on the notion of reconciliation. There are …

How Can Human Rights Activism Help Tackle Economic Inequality? Lessons From Mining Affected Communities In South Africa, Allison Corkery

Biennial Conference: The Social Practice of Human Rights

The dramatic rise in socioeconomic inequality produced by neoliberal globalisation has provoked a crisis of confidence in the human rights community and inspired a wave of debate about whether human rights have anything meaningful to offer in advancing economic justice. The pessimistic view argues human rights are inadequate for challenging socioeconomic inequality because they are too closely aligned to Western liberalism and too uncritical of the rise of capitalism. The more optimistic view does not dismiss these critiques entirely. It argues that they are only valid for particular (arguably dominant) types of human rights praxis, however. Failing to acknowledge this …

Fiscal Citizenship: How Can Tax Efficiency And Isonomy Aid In The Promotion Of Economic Rights, Social Participation, Political Accountability, And Cultural Diversity?, Gustavo Voeroes Dénes

Biennial Conference: The Social Practice of Human Rights

According to the World Inequality Report 2018 (WID 2017), Brazil is one of the few countries that has not recently displayed an increase in income inequality, having instead sustained it on persistently very high levels, actually composing the world’s “inequality frontier”. While such levels of inequality may be partly attributed to poor distribution of property rights, human capital endowments, and specificity of labor relations, a significant part of it is undoubtedly due the national fiscal system’s reduced distributive capacity, compromised by one the worst taxation systems in the world. Occupying the 184th position out of 190 countries in the World …

Human Rights, Environmental Justice, Social Justice, Faith Values And Ethics: Building Stronger Partnerships For The Common Good By Understanding The Differences, Theresa Harris, Leanne M. Jablonski, Sarah Fortner, Malcolm Daniels

Biennial Conference: The Social Practice of Human Rights

Partnerships between human rights practitioners, local communities, scientists, engineers, and health professionals have shown potential to address deeply rooted, systemic human rights concerns. These collaborations are essential for achieving the UN Sustainable Development Goals (SDGs), and for engaging the perspectives and expertise of all constituents. However, even when the individuals in these partnerships or the organizations they represent have common goals, their motivations, analyses, and solutions often come from different perspectives. Members of good will can inadvertently alienate one another when attempting to work together. The fields of human rights, social justice, environmental justice, and ethics have each developed their …

Glocalised Constitution-Making In The Twenty-First Century: Evidence From Asia, Maartje De Visser, Bui Ngoc Son

Research Collection Yong Pung How School Of Law

How have Asian nations conducted, or how are they conducting, constitution-making in the face of pressures associated with globalization, and how do they balance those forces with domestic interests and realities? This article aims to develop an analytical framework that can capture this global-local interplay. It introduces the concept of “glocalized constitution-making” to denote the co-existence and relationship between the two governance levels as manifested in the forces, actors and norms pertaining to the process of drafting a new constitution as well as its substance. Glocalization permeates the entirety of a constitution-making episode, from the impetus to initiate the process, …

The Global Food Security Act: America's Strategic Approach To Combating World Hunger, Michael Adkins

Journal of Food Law & Policy

The world’s farms currently produce enough calories to adequately feed everyone on the planet. From the 1960s through 2008, per capita food availability worldwide has risen from 2220 kilocalories per person per day to 2790. Specifically, developing countries have recorded a rise in kilocalories per person per day, from 1850 to 2640. Yet, despite overall availability, around 815 million people still suffer from hunger or some form of malnutrition. Approximately one in ten people are undernourished.

La Vulneración De Los Derechos E Invisibilización Sobre Lxs Migrantes Senegaleses En Caba / The Violation Of Human Rights And The Invisibilization Of Senegalese Immigrants In The Autonomous City Of Buenos Aires, Madeline Doane

Independent Study Project (ISP) Collection

Antes de que Argentina fuera una estado-nación oficial, ha habido una invisibilización de lxs afro-descendientes y afro-argentinxs que continúa hoy bajo la negación de la existencia y los derechos de lxs inmigrantes senegaleses. Desde la década de 1990, ha habido una progresiva afluencia de migrantes senegaleses, por lo general de varones jóvenes, a Buenos Aires, Argentina, con el sueño de prosperidad económica para compartir con sus familias en Senegal. A su llegada, se enfrentan a varias barreras lingüísticas y culturales para adaptarse al estilo de vida argentino. Debido a las leyes de inmigración actuales, no son capaces de obtener trabajos …

Popular Versus Elite Democracies And Human Rights: Inclusion Makes A Difference, Devin K. Joshi, J. S. Maloy, Timothy M. Peterson

Research Collection School of Social Sciences

Scholarly research generally finds that democratic governments are more likely to respect human rights than other types of regimes. Different human rights practices among long-standing and affluent democracies therefore present a puzzle. Drawing from democratic theory and comparative institutional studies, we argue more inclusive or "popular" democracies should enforce human rights better than more exclusive or "elite" democracies, even in the face of security threats from armed conflict. Instead of relying on the Freedom House or Polity indexes to distinguish levels of democracy, we adopt a more focused approach to measuring structures of inclusion, the Institutional Democracy Index (IDI), which …

The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries

Library Resources for Campus Events

A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "The Christian Invention of Human Dignity" a lecture by Samuel Moyn, professor of law and history at Yale University, who argues that human dignity has to be linked to the invention of Christian democracy. The lecture is sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy Cross on February 26, 2019.

Book Review: Not Enough: Human Rights In An Unequal World, Harlan G. Cohen

Scholarly Works

Review of the book Not Enough: Human Rights in an Unequal World. By Samuel Moyn. Cambridge, Massachusetts, Harvard University Press 2018. Pp. ix, 220. Index.

Borders Rules, Beth A. Simmons

All Faculty Scholarship

International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active forms …

Right To Privacy, A Complicated Concept To Review, Ali Alibeigi, Abu Bakar Munir, Md Ershadul Karim

Library Philosophy and Practice (e-journal)

The Concept and definition of the privacy has been changed during the time affecting by different factors. At the same time, the boundaries of privacy may differ from one place to another affecting by the culture, religion, etc. Nonetheless, there is not a unique general accepted definition for the privacy. Privacy has been considered from different disciplines like sociology, psychology, law and philosophy. It is a multidisciplinary domain, having an easy concept but difficult to define. However, by reviewing all different viewpoints, it can be concluded that privacy is an individual tendency, wish and natural need to be away from …

Youth Activism, Art And Transitional Artist: Emerging Spaces Of Memory After The Jasmin Revolution, Arnaud Kurze

Arnaud Kurze

This project explores the creation of alternative transitional justice spaces in post-conflict contexts, particularly concentrating on the role of art and the impact of social movements to address human rights abuses. Drawing from post-authoritarian Tunisia, it scrutinizes the work of contemporary youth activists and artists to deal with the past and foster sociopolitical change. Although these vanguard protesters provoked the overthrow of President Zine El Abidine Ben Ali in 2011, the power vacuum was quickly filled by old elites. The exclusion of young revolutionaries from political decision-making led to unprecedented forms of mobilization to account for repression and injustice under …

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures, activities, and …

Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.

Informed Consent And The Role Of The Treating Physician, Eric Feldman, Holly Fernandez Lynch, Steven Joffe

All Faculty Scholarship

In the century since Justice Benjamin N. Cardozo famously declared that “[e]very human being of adult years and sound mind has a right to determine what shall be done with his own body,” informed consent has become a central feature of American medical practice. In an increasingly team-based and technology-driven system, however, who is — or ought to be — responsible for obtaining a patient’s consent? Must the treating physician personally provide all the necessary disclosures, or can the consent process, like other aspects of modern medicine, take advantage of specialization and division of labor? Analysis of Shinal v. Toms, …

A Martin Luther King Jr. Amendment To The U.S. Constitution: Toward The Abolition Of Poverty, Theodore Walker

Perkins Faculty Research and Special Events

Rev. Dr. Martin Luther King Jr. prescribed that we add an economic bill of rights to the U.S. Constitution. A King-Inspired bill of rights should include a constitutional amendment that enumerates a natural human right to be free from economic poverty, and appropriate enforcement legislation.

For the sake of abolishing slavery, the Thirteenth Amendment says:

(Section 1) Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

(Section 2) Congress shall have power to enforce this article by …

Parallel Worlds: Comparing Rural Development To Development In Global Communities, Jena Martin, Karon Powell

West Virginia Law Review

No abstract provided.

Joint Declaration On Freedom Of Expression And “Fake News,” Disinformation, And Propaganda, Mickey Huff

Secrecy and Society

No abstract provided.

Review Of John Whalen-Bridge, Tibet On Fire: Buddhism, Protest, And The Rhetoric Of Self-Immolation, Daniel S. Capper

Faculty Publications

Review of John Whalen-Bridge, Tibet on Fire: Buddhism, Protest, and the Rhetoric of Self-Immolation, in Journal of Contemporary Religion