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Advice For Future Truth Commission Architects: How To Gender-Mainstream And Intersectionality-Mainstream Consultations, Operations, And Final Reports To Improve Outcomes In Healing, Justice, And Empowerment, Natalie Romeri-Lewis 2017 Brigham Young University

Advice For Future Truth Commission Architects: How To Gender-Mainstream And Intersectionality-Mainstream Consultations, Operations, And Final Reports To Improve Outcomes In Healing, Justice, And Empowerment, Natalie Romeri-Lewis

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Intersectionality theory identifies some females at higher risk for experiencing silencing and human rights abuses than others (Crenshaw 1989) and calls for analyzing discrimination among interconnected identities (e.g. ethnicity, level of education, urban-rural residence). Thus, we ask, have truth commission designers gender-mainstreamed or applied intersectionality theory when respectively designing, promoting, taking statements at, and writing the final reports and recommendations of truth commissions?

First, this project identifies the level of gender and intersectionality awareness of academic truth commission studies and the more than 20 existing transitional justice datasets found in Mallinder and O'Rourke (2016).

Second, this project aims ...


Indigenous Rights In The Trump Era, Tereza M. Szeghi 2017 University of Dayton

Indigenous Rights In The Trump Era, Tereza M. Szeghi

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper examines the ways in which the Dakota Access Pipeline and the related protests were divergently covered in mainstream versus alternative news sources and what this divergent coverage suggests about the current status of American Indian affairs and the role of American Indians in the U.S. cultural imaginary. Moreover, the paper will address the status of American Indian tribal sovereignty in the Trump era more broadly, with particular focus on American Indians' treaty-related rights to self-determination in the use of their lands.


Encounters With Climate Change: How Sdg 13 Can Move From Awareness To Action, Rebecca C. Potter 2017 University of Dayton

Encounters With Climate Change: How Sdg 13 Can Move From Awareness To Action, Rebecca C. Potter

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In a well-known passage from his book I and Thou, Martin Buber relates his encounter with a tree: “I contemplate a tree,” he writes, and then lists the various ways he could perceive the tree, as an artist or biologist, as someone interested in the trees parts and construction or interested in its function as a living system. But in all cases, Buber observes, “the tree remains my object and has its place and its time span, its kind and condition.”

Yet sometimes, “if will and grace are conjoined,” Buber describes being drawn into a relation with the tree wherein ...


Climate Change, Development, And The Global Commons, Robert J. Brecha 2017 University of Dayton

Climate Change, Development, And The Global Commons, Robert J. Brecha

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

An important link between energy, climate change, human development, and human rights comes in the form of a question that has yet to be answered satisfactorily: The earth’s atmosphere and other physical systems are the ultimate example of the global commons. Do future generations have a human right to an unchanged earth system? Sustainable Development Goals 13, 14, and 15 imply an affirmative answer. Given that climate scientists have a good estimate of the amount of carbon dioxide that can be emitted before the safe uptake capacity of the atmosphere is breached, how do we allocate that remaining atmospheric ...


Democratic Civic Engagement: Transformative Local, Inclusive Decision-Making To Achieve Global Peace And Climate Solutions, Leah Ceperley 2017 University of Dayton

Democratic Civic Engagement: Transformative Local, Inclusive Decision-Making To Achieve Global Peace And Climate Solutions, Leah Ceperley

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

The UN Sustainable Development Goals call for action on Climate (No. 13) and Strengthening Governance (No. 16) as imperative to transform our world toward one that is resilient, just, and peaceful. Climate change is a global problem, marked frequently in the U.S. by indifference, with far-reaching impacts disproportionately burdening the poor and vulnerable worldwide. Global in scope, its sources, impacts, and fields of action are local. Combating indifference at the local level can strengthen local governance structures, build trust across ideological divides, and shift the conversation from indifference to action.

Using an example from a University of Dayton-sponsored National ...


Brief Of Karen Korematsu, Jay Hirabayashi, Holly Yasui, The Fred T. Korematsu Center For Law And Equality, Civil Rights Organizations, And National Bar Associations Of Color As Amici Curiae In Support Of Respondents, Fred T. Korematsu Center for Law and Equality, Attorneys for Amicus Curiae 2017 Seattle University School of Law

Brief Of Karen Korematsu, Jay Hirabayashi, Holly Yasui, The Fred T. Korematsu Center For Law And Equality, Civil Rights Organizations, And National Bar Associations Of Color As Amici Curiae In Support Of Respondents, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

No abstract provided.


The Ecology Of Transparency Reloaded, Seth F. Kreimer 2017 University of Pennsylvania Law School

The Ecology Of Transparency Reloaded, Seth F. Kreimer

Faculty Scholarship

As Justice Stewart famously observed, "[t]he Constitution itself is neither a Freedom of Information Act nor an Official Secrets Act." What the Constitution's text omits, the last two generations have embedded in "small c" constitutional law and practice in the form of the Freedom of Information Act and a series of overlapping governance reforms including Inspectors General, disclosure of political contributions, the State Department’s “Dissent Channel,” the National Archives Information Security Oversight Office, and the publication rights guaranteed by New York Times v. United States. These institutions constitute an ecology of transparency.

The late Justice Scalia argued ...


Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center for Law and Equality, Attorneys for Amicus Curiae 2017 Seattle University School of Law

Brief Of Amicus Curiae Fred T. Korematsu Center For Law And Equality In Support Of Appellant, Fred T. Korematsu Center For Law And Equality, Attorneys For Amicus Curiae

Fred T. Korematsu Center for Law and Equality

State of Washington v. Lares-Storms


Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman 2017 University of Maine School of Law

Putting The Restroom Debate To Rest: Addressing Title Ix And Equal Protection In G.G. Ex Rel. Grimm V. Gloucester County School Board, Alexandra A. Harriman

Maine Law Review

Courts, legislatures, and citizens have been debating whether transgender students should use the restroom that corresponds to their biological sex, or whether they can choose to use the facilities which align with their gender identity. The Fourth Circuit decided that Title IX required the latter in G.G. ex. rel. Grimm v. Gloucester County School Board, but that didn't settle the issue. To complicate things, the Trump Administration revoked the guidance that the Fourth Circuit had relied on. This Note argues that a court should resolve this once and for all by finding that a school policy that requires ...


Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green 2017 Chicago-Kent College of Law

Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green

Sonia Bychkov Green

This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.


Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel 2017 University of North Carolina Wilmington

Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel

Pace Law Review

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and ...


Relationship Of Civil Rights Issues To Education And Taxation, John A. Liekweg, Assistant General Counsel, United States Catholic Conference 2017 St. John's University School of Law

Relationship Of Civil Rights Issues To Education And Taxation, John A. Liekweg, Assistant General Counsel, United States Catholic Conference

The Catholic Lawyer

No abstract provided.


Introduction To The Vienna Declaration And Program Of Action Of Africans And African Descendants, Vernellia R. Randall 2017 Selected Works

Introduction To The Vienna Declaration And Program Of Action Of Africans And African Descendants, Vernellia R. Randall

Vernellia R. Randall

No abstract provided.


Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina 2017 Réseau européen des femmes migrantes

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Flint Drinking Water Contamination: Frames Of Reference, Clifford Villa 2017 University of New Mexico

Flint Drinking Water Contamination: Frames Of Reference, Clifford Villa

Clifford J. Villa

Presentation given at Harvard Law School on Flint, Michigan, lead toxicity and what we can do as a matter of law.


Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg 2017 Golden Gate University School of Law

Hackers Made Me Lose My Job!: Health Data Privacy And Its Potentially Devastating Effect On The Lgbtq Population, Alex Lemberg

Golden Gate University Law Review

This Comment shows that because of an increasing rate and severity of data breaches, insufficient legal recourse for affected individuals, and lack of incentives for healthcare companies to strengthen their data security systems, leaked healthcare data will cause the substantive due process right of privacy of LGBTQ individuals to be disenfranchised. Because sexual orientation and gender identity are unprotected by heightened scrutiny under federal due process and equal protection jurisprudence, additional protections must be created for LGBTQ people. These protections should include a new legal right in tort under the Health Information Portability and Accountability Act of 1996 (HIPAA), increase ...


Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Tragedy, Outrage & Reform: Crimes That Changed Our World: 1983 – Thurman Beating - Domestic Violence, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. As it turns out, it is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of our everyday existence but some crimes make people stop and take notice – because they are so outrageous, or so curious, or so heart-wrenching. These “trigger crimes” are the cases that this book is about.

They offer some incredible stories about how people, good and bad, change the world around ...


Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby 2017 Barry University School of Law

Contemplating Masterpiece Cakeshop, Terri R. Day, Danielle Weatherby

Washington and Lee Law Review Online

Next term, in Masterpiece Cakeshop v. Colorado Civil Rights Commission, the Supreme Court will consider whether a baker’s religious objection to same-sex marriage justifies his violation of Colorado’s public accommodation law in refusing to bake a cake for a same-sex wedding. At the centerpiece of Masterpiece Cakeshop is a clash between the First Amendment’s Free Exercise Clause and the Fourteenth Amendment’s Equal Protection Clause or, more precisely, the principles of equality in commercial life as grounded in Colorado’s public accommodation law. In exploring the purpose inherent in regulating private conduct through public accommodation laws ...


Bystander Intervention Policies For Campus Sexual Assault Should Be Framed As Civil Rights Programs, And Made Broadly Applicable To All Protected Class Offenses, Wendy J. Murphy 2017 New England Law Boston

Bystander Intervention Policies For Campus Sexual Assault Should Be Framed As Civil Rights Programs, And Made Broadly Applicable To All Protected Class Offenses, Wendy J. Murphy

Utah Law Review

The overarching goal of any campus sexual assault prevention program should be to reduce incidence rates. BIPs may accomplish this result more effectively than other programs because they engage students to become personally involved in actual incidents, thus directly influencing the way students think and feel about sexual assault. By framing BIPs as civil rights programs applicable to all protected class categories, schools ensure that students understand why intervening is appropriate, and underscores that everyone has a stake in promoting and protecting the safety and full equality of all women and girls on every campus.


Upstanders, Whistle-Blowers, And Rescuers, Martha Minow 2017 SJ Quinney College of Law, University of Utah

Upstanders, Whistle-Blowers, And Rescuers, Martha Minow

Utah Law Review

Communities of responsibility and the cultures that nurture them take many steps to build. An important step is to honor remarkable individuals with courage and commitment. Raphael Lemkin, Benjamin Ferencz, Luis Moreno Ocampo, Emmanuel Uwurukundo, Samantha Power, filmmaker Edet Belzberg, and Victor Koningsberger deserve recognition and honor. At the same time, we need to emphasize that an upstander does not need extraordinary qualities. Ordinary people can and do stand up in small and big ways against oppression and injustice. Education can help. Speeches can help. When we honor heroes, we should not simply recognize individual courage. Doing so can help ...


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