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Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson 2016 Columbia University

Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson

Katharine Jackson

This paper first examines and critiques the group rights to religious exercise derived from the three ontologies of the corporation suggested by different legal conceptions of corporate personhood often invoked by Courts. Finding the implicated groups rights inimical to individual religious freedom, the paper then presents an argument as to why a discourse of intra-corporate toleration and voluntariness does a better job at protecting religious liberty.


A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer 2016 DePaul University

A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer

International Human Rights Law Journal

The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in ...


Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley 2016 Keimyung University

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

International Human Rights Law Journal

Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any ...


Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy 2016 United States Military Academy

Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy

International Human Rights Law Journal

Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.


The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America, Phillip L. Ray Jr., J. Sherrod Taylor 2016 University of Georgia School of Law

The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America, Phillip L. Ray Jr., J. Sherrod Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


Progress Report On United Nations Human Rights Activities To Protect Prisoners, Richard H. Goolsby 2016 University of Georgia School of Law

Progress Report On United Nations Human Rights Activities To Protect Prisoners, Richard H. Goolsby

Georgia Journal of International & Comparative Law

No abstract provided.


International Adjudication Of Human Rights And The European Court Of Human Rights: A Survey Of Its Procedural And Some Of Its Substantive Holdings, Sigmund A. Cohn 2016 University of Georgia School of Law

International Adjudication Of Human Rights And The European Court Of Human Rights: A Survey Of Its Procedural And Some Of Its Substantive Holdings, Sigmund A. Cohn

Georgia Journal of International & Comparative Law

No abstract provided.


The International League For Human Rights: The Strategy Of A Human Rights Ngo, Laurie S. Wiseberg, Harry M. Scoble 2016 University of Georgia School of Law

The International League For Human Rights: The Strategy Of A Human Rights Ngo, Laurie S. Wiseberg, Harry M. Scoble

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt 2016 University of Georgia School of Law

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And Foreign Policy, Cyrus Vance 2016 University of Georgia School of Law

Human Rights And Foreign Policy, Cyrus Vance

Georgia Journal of International & Comparative Law

No abstract provided.


Introduction, Dean Rusk 2016 University of Georgia School of Law

Introduction, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Georgia Journal of International and Comparative Law 2016 University of Georgia School of Law

Table Of Contents, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea VanderVelde 2016 Seattle University School of Law

The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde

Seattle University Law Review

Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction ...


The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller 2016 Seattle University School of Law

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller

Seattle University Law Review

Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever ...


A Positive Right To Free Labor, Rebecca E. Zietlow 2016 Seattle University School of Law

A Positive Right To Free Labor, Rebecca E. Zietlow

Seattle University Law Review

This Article seeks to resurrect a lost thread in our civil rights tradition: the idea that workers have a positive right to free labor. A positive right to free labor includes the right to work for a living wage free of undue coercion and free from discrimination based on immutable characteristics. Not merely the negative guarantee against the state’s infringement on individual equality and liberty, a positive right to free labor is immediately enforceable against state and private parties. A positive right to free labor is rooted in the Thirteenth Amendment of the Constitution, which prohibits slavery and involuntary ...


The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway 2016 Seattle University School of Law

The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway

Seattle University Law Review

Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois ...


Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros 2016 Seattle University School of Law

Introduction: The Thirteenth Amendment Through The Lens Of Class And Labor, Maria L. Ontiveros

Seattle University Law Review

The articles in this Symposium are arranged in three clusters. One cluster focuses on the definition of slavery and involuntary servitude and the reach of the Thirteenth Amendment in prohibiting oppressive labor relationships. Another cluster analyzes several positive class-based rights that emanate from the Thirteenth Amendment. The final cluster examines contemporary examples of oppressive labor that could violate the Thirteenth Amendment’s proscription against slavery and involuntary servitude.


Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros 2016 Seattle University School of Law

Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros

Seattle University Law Review

The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.


The Constitution And Slavery Overseas, George Rutherglen 2016 Seattle University School of Law

The Constitution And Slavery Overseas, George Rutherglen

Seattle University Law Review

This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power ...


Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer 2016 Seattle University School of Law

Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer

Seattle University Law Review

This Article begins with a brief reprise of what should be a textual “gotcha” about the Enforcement Clauses of the post-Civil War Amendments—if our current Supreme Court Justices actually cared about original texts, originalism, or a combination of the two. Next, the Article focuses on the gnarled issue of “coercion.” It argues that, contrary to a great deal of Anglo-American legal doctrine, coercion is best understood along a spectrum rather than as a binary phenomenon. Coercion is actually much contested and highly contextual across many legal categories. Federal coercion—also described as commandeering or dragooning— has become a particular ...


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