Human Rights Law Commons^™

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

Sara L Kimble

No abstract provided.

Inciting Genocide With Words, Richard Ashby Wilson

Richard Ashby Wilson

This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has ...

New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp

School for New Learning Faculty Publications

No abstract provided.

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and ...

Duty To Revolt, Katherine Crabtree

Katherine Crabtree

The Universal Declaration of Human Rights not only prescribes universal rights but also individual duties, stating “everyone has duties to the community in which alone the free and full development of his personality is possible.” This paper examines the nature of the right to revolution and considers whether an individual’s duty to uphold human rights includes a moral duty to revolt when the current social structure permits or requires intolerable systematic human rights violations. Four subsections discuss (1) the development and nature of disciplinary power that a government imposes on citizens in order to force conformity to the laws ...

Is It Time For The Court To Accept The O.F.F.E.R.? Applying Smith V. Organization Of Foster Families For Equality And Reform To Promote Clarity, Consistency, And Federalism In The World Of De Facto Parenthood, Eric A. Degroff, Steven W. Fitschen

Eric A DeGroff

The question of psychological, or de facto, parents and their rights versus biological or adoptive parents has been percolating through the state and lower federal courts for some years. Given the disparity in approaches and the constitutional issues implicated, it is likely that the Supreme Court will take up this issue, and it may well do so in the near future. When it does, it is imperative that the Court adopt a test that will serve American society and her children and families well. This article proposes such a test.

The argument could be made that, absent a finding of ...

Marriage Penalty: How Stacking Income Affects The Secondary Earner’S Decision To Work, Kevin M. Walsh

Kevin M Walsh

Our progressive tax rate structure is aimed at taxing citizens fairly and based on their ability to pay. The rate structure, however, partially loses its purpose when analyzing the income taxation of married individuals. If a married couple decides to file jointly they are sometimes taxed at higher rates than individuals are depending on the incomes of the couple. This has created what we know today as the “marriage penalty,” and it can serve as a deterrent to the secondary earner from working.

There is no simple solution to address how the marriage penalty, in combination with necessary expenses, affects ...

Matevosyan Nr (2014). Dissociative Identity Disorder In The Courtroom

Naira R. Matevosyan (Naira Roland Matevosyan)

RATIONALE: Dissociative identity disorder (DID) has been raised to defend a variety of criminal offenses or to moderate the civil suits. Applying traditional rules of criminal culpability or civil liability to these cases poses a significant challenge. Diagnostic exclusions of identity-versus-personality alters are rare, with exceptions of the explicit memory transfer to be the key to deny the dissociated identity, and the absence of implicit memory transfer be held as personality dissociation.

OBJECTIVE: An attempt was made to study judicial determinants toward a facile consistency whether individuals with DID should be held culpable or liable.

METHODS: Rules, issues, precedents, verdicts ...

Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper

Casey J Cooper

The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not ...

The New World Order: Humanitarian Interventions From Kosovo To Libya And Perhaps Syrian?, Ilan Fuchs, Harry Borowski

Ilan Fuchs

The Involvement of NATO forces in the toppling of Libyan longtime dictator Muammar Kaddafi was received with standing ovation in world media. The Libyan dictator was involved in terrorism and in crimes not only against his own people but against citizens of many other countries as well. One question seems to have been overlooked: under what grounds did NATO join an armed non-international conflict?

This article will reevaluate the few sources that discuss the issue and offer a model that will help define the ambiguous scenario of humanitarian intervention.

Food Deprivation: A Basis For Refugee Status?, James C. Hathaway

Articles

It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in countries such as North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice, but rather because their own desperation compels them to pursue a survival strategy away from the desperation confronting their home communities.

The question addressed here is whether persons in ...

An Emerging Fact-Finding Discipline? A Conceptual Roadmap For Social Science Methods In Human Rights Advocacy, Margaret L. Satterthwaite, Justin C. Simeone

New York University Public Law and Legal Theory Working Papers

Human rights advocates seek to find, interpret, and communicate facts about rights violations amidst some of the most complex social, economic, and political circumstances. To meet these challenges, fact-finders have developed research procedures that increasingly draw on a wide range of interdisciplinary tools and perspectives—with a notable expansion in the use of qualitative and quantitative methods from social science during recent years. Yet there is little discussion of investigative principles, research components, and methodological standards in the human rights field—a reality that often fuels tension and uncertainty over the extent to which social scientific research standards can and ...

Ttip Call For Papers In E&L 2015, Michele Faioli

Michele Faioli

The Scuola Europea di Relazioni Industriali – SERI is pleased to announce a call for papers for the monographic part of one of the 2015 issues of “Economia&Lavoro”, Fondazione Giacomo Brodolini’s four-monthly journal published by Carocci.

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation ...

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Global Rules For Global Health: Why We Need An Independent, Impartial Who, Devi Sridhar, Julio Frenk, Lawrence O. Gostin, Suerie Moon

Georgetown Law Faculty Publications and Other Works

Over the past few years the World Health Organization (WHO) has been undergoing a significant reform process. The immediate trigger was a budget crisis in 2010 that spurred massive lay-offs at the global agency. But at a more fundamental level, deeper systematic changes in global health governance have made reform imperative. While WHO reform draws relatively little attention outside diplomatic circles in Geneva, at stake are critical issues that will impact public health everywhere. This article’s key messages are:

• Recent outbreaks of MERS highlight the need for a global response to infectious disease
• The WHO has had a crucial ...

Day Of The African Child, J Kagina Loserian Mr

Jackson, Roselian

No abstract provided.

Presidential Powers Including Military Tribunals In The October 2005 Term, Erwin Chemerinsky

Touro Law Review

No abstract provided.

Migrant Workers' Access To Justice At Home: Nepal, Sarah Paoletti, Eleanor Taylor-Nicholson, Bandita Sijapati, Bassina Farbenblum

Faculty Scholarship

Nepal’s citizens engage in foreign employment at the highest per capita rate of any other country in Asia, and their remittances account for 25 percent of the country’s GDP. The Middle East is now the most popular destination for Nepalis--nearly 700,000 were working in the Middle East in 2011 on temporary labor contracts. For some Nepalis, working abroad provides much-needed household wealth. For others, their contributions to Nepal come at great personal cost. Migrant workers in the Gulf, for example, routinely report wage theft, lack of time off and unsafe and unhealthy working conditions. Some migrant workers ...

Preventive Detention In Malaysia: Constitutional And Judicial Obstacles To Reform And Suggestions For The Future, Tyler James B. Jeffery

Georgia Journal of International & Comparative Law

No abstract provided.