The Impact Of Cultural Heritage On Japanese Towns And Villages, 2020 University of Tsukuba
The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.
Seattle Journal of Technology, Environmental & Innovation Law
In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..
However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.
First, this paper seeks to discuss the doctrine of standing ...
Proposed Federal Osha Standards For Wildfire Smoke, 2020 Seattle University School of Law
Proposed Federal Osha Standards For Wildfire Smoke, Keenan Layton
Seattle Journal of Technology, Environmental & Innovation Law
With the rise of global temperatures, climatologists predict a corresponding increase in the frequency and severity of wildfires in the Pacific Northwest. Rising temperatures are expected to create drier conditions in forests, thereby creating environmental conditions more prone to forest fires. Wildfires have become a common enough occurrence in the Pacific Northwest that summers have become synonymous with smoky conditions, but the issue is not constrained to this region. Though the Pacific Northwest has recently acted as a harbinger of increasing wildfires, environmental scientists forecast an increase in fire risk throughout the Western United States. The predicted rise in forest ...
Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark
Indiana Law Journal
This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the state parties that accepted them. Intercountry adoption is a useful context in which to consider this proposal for several reasons.
First, as a practical matter, there have probably never been more babies and children in orphanages, on the street, on the market, or on their own. Yet intercountry adoptions have declined to levels not seen for ...
Table Of Contents, 2020 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, 2020 University of Baltimore
Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko
Genocide Studies and Prevention: An International Journal
Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy ...
Trafficking To The Rescue?, 2020 Boston University School of Law
Trafficking To The Rescue?, Julie Dahlstrom
Since before the dawn of the #MeToo Movement, civil litigators have been confronted with imperfect legal responses to gender-based harms. Some have sought to envision and develop innovative legal strategies. One new, increasingly successful tactic has been the deployment of federal anti-trafficking law in certain cases of domestic violence and sexual assault. In 2017, for example, victims of sexual assault filed federal civil suits under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) against Hollywood producer Harvey Weinstein. Plaintiffs argued that the alleged sexual assault conduct amounted to “commercial sex acts” and sex trafficking. Other plaintiffs’ lawyers have similarly invoked trafficking ...
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, 2020 William & Mary Law School
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
No abstract provided.
Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, 2020 University of Cincinnati College of Law
Protecting The Flores And Hutto Settlements: A Look At The History Of Migrant Children Detention And Where Immigration Policies Are Headed, Megan Kauffman
Immigration and Human Rights Law Review
The Flores and Hutto settlement agreements established basic standards the government must meet when detaining minor children. This comment discusses the history and importance of the Flores and Hutto agreement and the current administration’s attempt to limit and circumvent both agreements.
How Medicalization Of Civil Rights Could Disappoint, 2020 University of Pennsylvania Carey Law School
How Medicalization Of Civil Rights Could Disappoint, Allison K. Hoffman
Faculty Scholarship at Penn Law
This essay reflects on Craig Konnoth’s recent Article, Medicalization and the New Civil Rights, which is a carefully crafted and thought-provoking description of the refashioning of civil rights claims into medical rights frameworks. He compellingly threads together many intellectual traditions—from antidiscrimination law to disability law to health law—to illustrate the pervasiveness of the phenomenon that he describes and why it might be productive as a tool to advance civil rights.
This response, however, offers several reasons why medicalization may not cure all that ails civil rights litigation’s pains and elaborates on the potential risks of overinvesting ...
The Shibboleth Of Human Rights In Public Health, 2020 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
The Shibboleth Of Human Rights In Public Health, Lawrence O. Gostin, Tamira Daniely, Hanna E. Huffstetler, Caitlin R. Williams, Benjamin Mason Meier
Georgetown Law Faculty Publications and Other Works
Human rights discourse has greatly influenced advocacy for justice in public health. Yet, beyond rhetorical claims, how can we employ human rights to achieve the aspiration of health with justice? Without human rights education to support public health practice, human rights have become a shibboleth of public health—raised frequently to signal devotion to justice, but employed rarely in policy, programming, or practice. As advocates respond to the public health injustices of populist nationalism during an unprecedented pandemic, human rights education must be an essential foundation to hold governments accountable for implementing rights to safeguard public health.
Unmuddying The Waters: Evaluating The Legal Basis Of The Human Right To Water Under Treaty Law, Customary International Law, And The General Principles Of Law, Ndjodi Ndeunyema
Michigan Journal of International Law
This article evaluates the existence of a freestanding, general human right to water under each of the three principal sources of international law: treaty, customary international law, and the general principles of law. To date, the right to water has been derived from treaty law, most prominently as part of the right to an adequate standard of living in article 11 of the International Covenant on Economic, Social and Cultural Rights (as implied by General Comment 15 to the ICESCR). The potential importance of a non-treaty based right to water––as a matter of customary international law or a general ...
Increasing Case Traffic: Expanding The International Criminal Court's Focus On Human Trafficking Cases, 2020 University of Michigan Law School
Increasing Case Traffic: Expanding The International Criminal Court's Focus On Human Trafficking Cases, Nadia Alhadi
Michigan Journal of International Law
Human trafficking falls within the jurisdictional competence of the International Criminal Court (“ICC”) as one of the article 7 crimes against humanity, whether committed in an atmosphere of conflict or in times of relative peace. Despite the ICC’s jurisdiction, as well as the globally pervasive nature of peacetime trafficking in particular, the ICC has not yet heard a human trafficking case.
Accountability at the international level, however, is crucial, and the ICC’s oversight has the potential to fill gaps in the current anti-trafficking regime. This note explores this potential, and then examines whether the text of the Rome ...
Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, 2020 UIC John Marshall Law School
Protection Of Vulnerable Communities: A Case Of Coal-Ash Disaster In Puerto Rico, Sarah Dávila-Ruhaak
Michigan Journal of Environmental & Administrative Law
The connection between the environment and human rights is not a surprising one. The enjoyment of human rights depends on a person’s ability to live free from interference and to have his or her rights protected. The interdependence of human rights and the protection of the environment is manifested in the full and effective enjoyment of the right to a healthy environment. This article argues that in order to protect vulnerable persons and communities facing environmental harm, a human rights framework—specifically the right to a healthy environment—must be applied. A human rights approach complements environmental justice work ...
Review Of When Misfortune Becomes Injustice: Evolving Human Rights Struggles For Health And Social Equality By Alicia Ely Yamin, 2020 Boston College Law School
Review Of When Misfortune Becomes Injustice: Evolving Human Rights Struggles For Health And Social Equality By Alicia Ely Yamin, Katharine G. Young
Boston College Law School Faculty Papers
Review of When Misfortune Becomes Injustice: Evolving Human Rights Struggles for Health and Social Equality (Stanford University Press, 2020) by Alicia Ely Yamin and , Beyond Repair?: Mayan Women’s Protagonism in the Aftermath of Genocidal Harm (New Brunswick: Rutgers University Press, 2019) by Alison Crosby and M. Brinton Lykes.
Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health, 2020 Northwestern Pritzker School of Law
Consensus Statement From The Santa Cruz Summit On Solitary Confinement And Health
Northwestern University Law Review
No abstract provided.
Oppression Or Occupation: Conflicting Views On The Nature Of Sex Work In France And Under International Law, Carver Wolfe
Politics and International Relations Presentations
Although there is some debate over the exact number of victims of sex trafficking, it is agreed upon that it is an issue that affect primarily women and girls around the world. This paper will examine modern day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis ...
Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, 2020 Ursinus College
Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe
International Relations Summer Fellows
Although there is some debate over the exact number of victims of sex trafficking, it is agreed that it is an issue that affects primarily women and girls around the world. This paper will examine modern-day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for the total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis by ...
Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, 2020 The University of Western Ontario
Privacy And Surveillance In The Workplace: Closing The Electronic Surveillance Gap, Christina Catenacci
Electronic Thesis and Dissertation Repository
This dissertation argues that there is an electronic surveillance gap in the employment context in Canada, a gap that is best understood as an absence of appropriate legal provisions to regulate employers’ electronic surveillance of employees both inside and outside the workplace. This dissertation aims to identify and articulate principles and values that can be used to close the electronic surveillance gap in Canada and suggests that, through the synthesis of social theories of surveillance and privacy, together with analyses of privacy provisions and workplace privacy cases, a new and better workplace privacy regime can be designed. This dissertation uses ...
Human Supremacy As Posthuman Risk, 2020 New Jersey Institute of Technology
Human Supremacy As Posthuman Risk, Daniel Estrada
The Journal of Sociotechnical Critique
Human supremacy is the widely held view that human interests ought to be privileged over other interests as a matter of ethics and public policy. Posthumanism is the historical situation characterized by a critical reevaluation of anthropocentrist theory and practice. This paper draws on animal studies, critical posthumanism, and the critique of ideal theory in Charles Mills and Serene Khader to address the appeal to human supremacist rhetoric in AI ethics and policy discussions, particularly in the work of Joanna Bryson. This analysis identifies a specific risk posed by human supremacist policy in a posthuman context, namely the classification of ...
A Difficult Time, 2020 Department of Sociology, Case Western Reserve University
A Difficult Time, Brian Gran Phd
Societies Without Borders
No abstract provided.