Human Rights Law Commons^™

The Separation Of Migrant Families At The Border Under The Trump Administration’S Zero-Tolerance Policy: A Critical Analysis Of The Mistreatment Of Immigrant Children Held In U.S. Custody, Dhillon Ramkhelawan

Child and Family Law Journal

This article provides a critical analysis of the Trump Administration’s zero-tolerance policy that separated migrant families at the Southwest United States border from April to June 2018. It will provide a statistical analysis regarding the number of migrant children that were separated from their parents during this time period, and it will describe the poor living conditions that many of these children were subjected to as they waited for their parent’s immigration cases to be decided. Additionally, this article will also critically analyze the United States’ history of mistreating migrant children who started to flee their war-torn countries in Central …

Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam

Brooklyn Journal of International Law

With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …

Coming To Terms With Wartime Collaboration: Post-Conflict Processes & Legal Challenges, Shane Darcy

Brooklyn Journal of International Law

The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. …

Book Review: Hitler’S Atrocities Against Allied Pows: War Crimes Of The Third Reich, Timothy Heck

Genocide Studies and Prevention: An International Journal

Hitler’s Atrocities Against Allied PoWs cannot be regarded as an academic study of the fate awaiting captured Allied servicemen and women. Its narrow focus, socio-political goal, and limited engagement with the historiography prevent it from serving as more than a survey text or springboard. Chinnery attempts to tie the individual fates to a larger argument that the German armed forces and their security force compatriots were systematically responsible for the abuses described in the book. While the individual cases are compelling and some have a clear connection to explicit policies, the book does not succeed in linking its other examples …

Haiti – U.S. Migration Through A Labor Lens: The H-2 Visa Program, The Temporary Protected Status (Tps), And Its Policy Implications, Tatiana Devia

University of Miami Inter-American Law Review

No abstract provided.

The Impact Of Racism On Maternal Health Outcomes For Black Women, Gabrielle T. Wynn

University of Miami Race & Social Justice Law Review

No abstract provided.

Human Rights For Health Across The United Nations, Benjamin Mason Meier, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The United Nations (UN) plays a central role in realizing human rights to advance global health. Looking beyond state obligations, the UN has called on all its specialized agencies to mainstream human rights across all their activities. With globalization compelling these UN institutions to meet an expanding set of global challenges to underlying determinants of health, human rights are guiding these international organizations in addressing public health. These international organizations within the UN system are actively engaged in implementing health-related human rights—in both their mission and their actions to carry out that mission. Through this mainstreaming of human rights, global …

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

The Scholar: St. Mary's Law Review on Race and Social Justice

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …

Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello

The Scholar: St. Mary's Law Review on Race and Social Justice

In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …

Lunchtime Talk With Diana Kearney: Strategic Litigation Against The Administration’S Migration Policies, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

Event Invitations 2019

CLIHHR will host Diana Kearney for a lunchtime lecture on the Administration's migration policies. Strategic litigation efforts across the US and Mexico are combating policies that strip migrants of their human and refugee rights. We will survey cases protecting these rights, including challenges to the "remain in Mexico" policy, family separation, and expedited deportations without due process. In addition, we will examine how civil society groups are coordinating efforts throughout North and Central America to protect migrants.

Diana Kearney is a Legal and Shareholder Advocacy Advisor at Oxfam America, where she focuses on corporate accountability, land rights, refugee rights, and …

Improving Human Rights Compliance In Supply Chains, Kishanthi Parella

Notre Dame Law Review

Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they …

Hiring Algorithms In The Canadian Private Sector: Examining The Promise Of Greater Workplace Equality, Connor Bildfell

Canadian Journal of Law and Technology

Private-sector employers are increasingly using hiring algorithms as a tool for screening job applicants, comparing qualifications, and ultimately determining which candidates should be selected. Within this context, hiring algorithms make no small promise: a hiring process that is not only more efficient and effective, but also more supportive of workplace equality. This promise rests largely on the notion that traditional human-driven models of hiring are beset by subjective biases and prejudices, whereas hiring algorithms, which are driven by hard data and objective evidence, can eliminate certain human biases and prejudices, thereby promoting workplace equality. But can hiring algorithms deliver on …

Acceptance Speech For Lifetime Achievement Award From Canadian Prison Lawyers Association, Michael Jackson Qc

Dalhousie Law Journal

Acceptance Speech for Lifetime Achievement Award from Canadian Prison Lawyers Association

Refugee Resettlement In The U.S.: The Hidden Realities Of The U.S. Refugee Integration Process, Bienvenue Konsimbo

Master of Science in Conflict Management Final Projects

From the 1946 to the 1980 Act, more than two million refugees have resettled in the U.S. (Eby, Iverson, Smyers, & Kekic, 2011p.). This has made the U.S. the largest of the 10 resettlement countries (Xu, 2007, p. 38). The U.S. department of state (DOS)’ hope is to give “the refugee a leg up on their journey to self-sufficiency” (Darrow, 2015, p. 92). For these millions of refugees, their expectations are to find “employment, education, to provide a better environment for their children, and to integrate into the community” (Xu, 2007p.38).

However, this pre-package deal is not without repercussions or …

Sb 158 - Human Trafficking, Starr Crafton, Lillian K. Henry

Georgia State University Law Review

No abstract provided.

Ensuring Victims’ Rights And Inspiring Hope Through Community Collaboration, Evelyn Rodriguez Martinez

Capstone Projects and Master's Theses

Numerous crime victims who qualify for Victim Witness Assistance Program services through the San Benito County District Attorney's office are not accessing the resources. Research done to support this project revealed that countless crime victims did not utilize the services offered by the program during the time of their victimization. The project conducted was an outreach presentation, which included all the services provided by the Victim Witness Assistance Program, victims’ legal rights, and the qualifications for the California Victim Compensation Board. The outreach presentation was developed to increase awareness of victims’ rights and the Victim Witness Assistance Program to community …

Personality Disruption As Mental Torture: The Cia, Interrogational Abuse, And The U.S. Torture Act, David Luban, Katherine S. Newell

Georgetown Law Faculty Publications and Other Works

This Article is a contribution to the torture debate. It argues that the abusive interrogation tactics used by the United States in what was then called the “global war on terrorism” are, unequivocally, torture under U.S. law. To some readers, this might sound like déjà vu all over again. Hasn’t this issue been picked over for nearly fifteen years? It has, but we think the legal analysis we offer has been mostly overlooked. We argue that the basic character of the CIA’s interrogation of so-called “high-value detainees” has been misunderstood: both lawyers and commentators have placed far too much emphasis …

Law School News: Tough Talk On Asylum 11/22/2019, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A Modest Proposal: The Federal Government Should Use Firing Squads To Execute Federal Death Row Inmates, Stephanie Moran

University of Miami Law Review

The Eighth Amendment prohibits cruel and unusual punishment in the criminal justice system. As the federal government looks to reinstate the death penalty, this Note argues that it should include firing squad as an option for carrying out executions. While firing squads may shock the senses, this Note argues that they are in fact the only way to comport with the requirements of the Eighth Amendment.

Targeting Civilians, Daniel Ivo Odon

SJD Dissertations

No abstract provided.