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Private And Family Life, Gender Equality And Social Security Under The European Convention On Human Rights - Di Trizio V Switzerland, Mel Cousins 2017 Trinity College Dublin

Private And Family Life, Gender Equality And Social Security Under The European Convention On Human Rights - Di Trizio V Switzerland, Mel Cousins

Mel Cousins

This note examines the recent Di Trizio ruling by the European Court of Human Rights. The case, first, involves the scope of Article 8 of the Convention as it concerns social security schemes. The Court by a narrow majority held that the claim fell within the scope of Article 8 but, it is submitted that the approach of the dissenting judges was a better reading of the Convention.  However, a panel of the Grand Chamber has rejected a State request to refer the matter to the Grand Chamber.[1] Second, the case involves a rather complicated gender equality claim concerning ...


Jimmy Carter - Human Rights, Richard M. O'Dea 2017 St. John's University School of Law

Jimmy Carter - Human Rights, Richard M. O'Dea

The Catholic Lawyer

No abstract provided.


There Is More To Come: The Analytical Dynamics Of Human Rights And Social Need, Stewart B. Whitney 2017 St. John's University School of Law

There Is More To Come: The Analytical Dynamics Of Human Rights And Social Need, Stewart B. Whitney

The Catholic Lawyer

No abstract provided.


Transferring Away Human Rights: Using Human Rights To Address Corporate Transfer Mispricing, Monica Iyer 2017 Northwestern University School of Law

Transferring Away Human Rights: Using Human Rights To Address Corporate Transfer Mispricing, Monica Iyer

Northwestern Journal of Human Rights

An estimated sixty percent of international trade happens within multinational enterprises. Transfer pricing occurs when one part of a firm sets a price in order to sell to another division in another country. When these prices are deliberately set at something other than market rate in order to minimize the firm’s tax liability, this is known as transfer mispricing, or abusive transfer pricing. These practices account for an enormous portion of global illicit financial flows. This paper will consider transfer mispricing as a violation of human rights, and will look at the ways in which various human rights instruments ...


Keynes, Sen, And Hayek: Competing Approaches To International Labor Law In The Ilo And The Wto, 1994–2008, Pascal McDougall 2017 Northwestern University School of Law

Keynes, Sen, And Hayek: Competing Approaches To International Labor Law In The Ilo And The Wto, 1994–2008, Pascal Mcdougall

Northwestern Journal of Human Rights

In discussions of recent human rights-driven developments in the International Labour Organization (ILO), as well as in other international legal debates, many scholars have suggested that human rights and “neoliberalism” intrinsically tend to converge. Such purported convergence is at once deplored by critics of “globalization” and applauded by its defenders. This article offers an empirical refutation of this convergence thesis by documenting the potential for systematic divergences between human rights, neoliberalism and a third omnipresent discourse, social legal thought (i.e. tropes associated with the welfare state and Keynesianism). I support this claim by taking as a case study three ...


The Normalization Of Immigration Law, Mac LeBuhn 2017 Northwestern University School of Law

The Normalization Of Immigration Law, Mac Lebuhn

Northwestern Journal of Human Rights

In “The Normalization of Foreign Relations Law,” Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law—it has “normalized” this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their account, which obscures the fact that immigration law, unlike the rest of foreign relations law, has not normalized in nearly the same fashion.

To understand the normalization of immigration law, this paper proposes a theory of rights normalization: the Court has been reluctant to normalize immigration law except where immigrants ...


Workers, Dignity, And Equitable Tolling, Duane Rudolph 2017 Northwestern University School of Law

Workers, Dignity, And Equitable Tolling, Duane Rudolph

Northwestern Journal of Human Rights

When workers allege that mental illness prevented the timely filing of a federal employment discrimination lawsuit, courts subject them to extreme standards at the equitable tolling stage, which ends workers’ lawsuits against their employers. Such an approach to workers suffering from mental illness is indicative both of judicial misunderstanding of equitable remedies and judicial ignorance of equity’s historical engagement with those afflicted with mental illness. More importantly, subjection of workers to high threshold requirements at equity is an affront to workers’ dignity. Dignity, like equity, has a powerful moral basis that focuses on the individual. Dignity requires that workers ...


Workers’ Rights As Natural Human Rights, Anne Marie Lofaso 2017 University of Miami Law School

Workers’ Rights As Natural Human Rights, Anne Marie Lofaso

University of Miami Law Review

We live in an increasingly polarized world: one summed up by President Clinton, “we’re all in this together;” the other summed up by then-presidential candidate Trump, “I alone can fix it.” These world views have implications for workers and how the future workplace is ordered. In this Article, I explore the idea that a natural human rights approach to workplace regulations will tend to favor the we’re-all-in-this-together view, whereas the Lochnerian or neo-liberal view tends to favor an individualistic world view.

The Article’s six-step analytical approach starts with a historical analysis of labor law jurisprudence, concluding that ...


Sovereignty And Social Change In The Wake Of India’S Recent Sodomy Cases, Deepa Das Acevedo 2017 University of Pennsylvania Law School

Sovereignty And Social Change In The Wake Of India’S Recent Sodomy Cases, Deepa Das Acevedo

Boston College International and Comparative Law Review

American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation (PIL)—have only recently begun to question the judiciary’s ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India’s most disadvantaged and optimism that public interest ...


Integrating Indigenous Rights Into Multilateral Environmental Agreements: The International Whaling Commission And Aboriginal Subsistence Whaling, Chris Wold 2017 Lewis & Clark Law School

Integrating Indigenous Rights Into Multilateral Environmental Agreements: The International Whaling Commission And Aboriginal Subsistence Whaling, Chris Wold

Boston College International and Comparative Law Review

Although the international community has addressed whether environmental harm violates human rights norms, only recently has it asked whether international organizations must implement those norms. That changed when Greenland posited that the International Whaling Commission (IWC) has a duty to implement aboriginal subsistence whaling (ASW) in light of customary international human rights norms, including the rights to cultural identity and resources. This article explains why international organizations have an obligation to implement customary international human rights law. Implementation, however, may be challenging because the content of some rights is not clear. In addition, these rights are not absolute. Actions may ...


Human Rights In America, Walter F. Mondale 2017 St. John's University School of Law

Human Rights In America, Walter F. Mondale

The Catholic Lawyer

No abstract provided.


The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili 2017 Pennsylvania State University, Dickinson School of Law, Penn State Law

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are ...


Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert 2017 Boston College Law School

Prioritizing National Security At The Expense Of Refugee Rights: The Effects Of H.T. V. Land Baden-Württenberg, Thomas F. Lampert

Boston College International and Comparative Law Review

Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries implement policies that diminish and threaten the rights of refugees. Specifically, the European Court of Justice ruled that legislation governing the distribution of residence permits to refugees impliedly allowed for the revocation of a residence permit from a refugee accused of terrorist activities ...


O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee 2017 Boston College Law School

O'Keeffe V. Ireland: The State's Obligation To Protect Children From Sexual Assault In State Schools, Heekyoung Lee

Boston College International and Comparative Law Review

Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty members. On January 28, 2014, the Grand Chamber of the European Court of Human Rights held in O’Keeffe v. Ireland that despite Ireland’s delegation of authority to religious denominations, the State was obligated to protect students from sexual assaults. The court reasoned ...


Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella 2017 Cedarville University

Child Brides, Brydon Koch, Alexis Steffanni, Carly Catalanello, Michelle Gamberdella

The Research and Scholarship Symposium

The goal of this presentation is to take a look into the human rights violation of child marriage happening in countries all over the world. For the purpose of this presentation, we will focus on four countries where child marriages are extremely prevalent: India, Niger, Bangladesh, and Yemen. First, we will begin with a brief history and background of child brides and statistics related to this population. Second, we will discuss the four countries (as stated above) where this is a major problem, and why the rates of child brides are especially high within each country. Third, we will consider ...


Barriers To Housing Equality For The Lgbt Community: A Literature Review, Carissa Lavin 2017 Georgia State University

Barriers To Housing Equality For The Lgbt Community: A Literature Review, Carissa Lavin

Georgia State Undergraduate Research Conference

No abstract provided.


Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon 2017 Barry University School of Law

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.


Undocumented: How Immigration Became Illegal By Aviva Chomsky, Lisa Y. Wang 2017 Yale Law School

Undocumented: How Immigration Became Illegal By Aviva Chomsky, Lisa Y. Wang

Yale Human Rights and Development Journal

Trainloads of Mexican laborers imported daily by American railroad capitalists, backed by the might of Congress . . . Sal, an Arizona high school graduate who was brought to the United States by his parents at the age of three, deported for the crime of jaywalking . . . Social workers at the border identifying migrants by their lack of shoelaces, anticipating that the Department of Homeland Security will have removed such suicide hazards. . . A deported Guatemalan woman's parental rights over her infant son terminated swiftly and obscurely, based on a tenuous legal theory of "effective abandonment" . . . A perverse and
unconcealed alliance between the private ...


The Experience Of Face Veil Wearers In Europe And The Law Edited By Eva Brems, Diana Li, Jacqueline Van De Velde 2017 Yale Law School

The Experience Of Face Veil Wearers In Europe And The Law Edited By Eva Brems, Diana Li, Jacqueline Van De Velde

Yale Human Rights and Development Journal

The Experience of Face Veil Wearers in Europe and the Law, edited by Eva
Brems, positions itself in the midst of a political, cultural, and intimately personal debate enveloping Europe over what is colloquially known as the "burqa ban." Since 2010, Belgium, France, and select regions of the Netherlands, Italy, and Spain have adopted laws prohibiting citizens from covering their faces with "disguises," "masks," and "costumes." Ostensibly, such bans are to
protect the rights of all citizens and improve national security; in practice, they function to prevent practicing Muslim women from wearing garments such as the niqab. Brems takes care ...


Speeding Up Sexual Assault Trials: A Constructive Critique Of India's Fast-Track Courts, Vandana Peterson 2017 University of Michigan Law School

Speeding Up Sexual Assault Trials: A Constructive Critique Of India's Fast-Track Courts, Vandana Peterson

Yale Human Rights and Development Journal

India has a strong tradition of judicial activism for social change and comprehensive laws designed to combat sexual violence against women.
Yet such crime has significantly escalated. In December 2012, a widely publicized assault occurred in Delhi. The victim's death triggered a frantic response from many quarters including legal scholars, religious leaders, global media, and government officials. The central government undertook a comprehensive review of existing mechanisms to deter future crimes against women. Its findings led to the creation or designation of "fasttrack" courts to adjudicate cases involving sexual crime against women.


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