The Consumer Imaginary: Labor Rights, Human Rights, And Citizen-Consumers In The Global Supply Chain,
2019
Vanderbilt University Law School
The Consumer Imaginary: Labor Rights, Human Rights, And Citizen-Consumers In The Global Supply Chain, Kevin Kolben
Vanderbilt Journal of Transnational Law
Consumers are increasingly demanding that the goods and services they consume be produced in a way that meets their social expectations. By extension, they are exhibiting greater willingness to pay more at the cash register for products made in good working conditions, and they are willing to punish companies that do not satisfy these expectations. Driving these "citizen-consumers" is what this Article terms the "consumer imaginary," which is defined as the narratives that consumers tell themselves about the people that make their things--people whom consumers will likely never meet, and whose lived experiences are distant from their own. Policymakers have …
The Gender Injustice Of Abortion Laws,
2019
Dalhousie University Schulich School of Law
The Gender Injustice Of Abortion Laws, Joanna Erdman
Articles, Book Chapters, & Popular Press
This commentary is a response to Katarzyna Sękowska-Kozłowska’s article on the treatment of criminal abortion laws as a form of sex discrimination under international human rights law through a study of the communications, Mellet v. Ireland and Whelan v. Ireland. The commentary offers a reading of these communications, and specifically the sex discrimination analysis premised on inequalities of treatment among women, as an engagement with the structural discrimination that characterises abortion laws, and asa radical vision for gender justice under international human rights law.
Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry,
2019
Dalhousie University - Schulich School of Law
Responding Restoratively To Student Misconduct And Professional Regulation – The Case Of Dalhousie Dentistry, Jennifer Llewellyn
Articles, Book Chapters, & Popular Press
The 2015 restorative justice process at Dalhousie University’s Faculty of Dentistry is a case study that reveals the connection at conceptual and practical levels between restorative justice and responsive regulation as common expressions of relational theory and practice. Their relationship is clearest when, as in this case, issues are understood in their full contexts and circumstances require a widening of the circle of issues and parties. At this scale the complexity of the situation and the need for responsive interventions capable of supporting and sustaining a just relationship is revealed.
When Law Frees Us To Speak,
2019
Dalhousie University Schulich School of Law
When Law Frees Us To Speak, Jonathon Penney, Danielle Citron
Articles, Book Chapters, & Popular Press
A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyber harassment and sexual privacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, law has an equally important expressive role. In this article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role—its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We …
Privacy And Legal Automation: The Dmca As A Case Study,
2019
Dalhousie University Schulich School of Law
Privacy And Legal Automation: The Dmca As A Case Study, Jonathon Penney
Articles, Book Chapters, & Popular Press
Advances in artificial intelligence, machine learning, computing capacity, and big data analytics are creating exciting new possibilities for legal automation. At the same time, these changes pose serious risks for civil liberties and other societal interests. Yet, existing scholarship is narrow, leaving uncertainty on a range of issues, including a glaring lack of systematic empirical work as to how legal automation may impact people’s privacy and freedom. This article addresses this gap with an original empirical analysis of the Digital Millennium Copyright Act (DMCA), which today sits at the forefront of algorithmic law due to its automated enforcement of copyright …
Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia,
2019
Assistant Professor and Chancellor’s Chair in Aboriginal Law and Policy at the Schulich School of Law at Dalhousie University
Celebrating 30 Years Of The Indigenous Blacks & Mi’Kmaq Initiative: How The Creation Of A Critical Mass Of Black And Aboriginal Lawyers Is Making A Difference In Nova Scotia, Naiomi Metallic
Articles, Book Chapters, & Popular Press
Drawing on my own experience as alumni of the Indigenous Blacks & Mi’kmaq Initiative at the Schulich School of Law at Dalhousie University—one of the only dedicated access program in a Canadian law school for Black and Aboriginal students—I argue that such programs create optimal conditions for fostering greater awareness of critical race issues within the legal profession. The reason for this is that such programs create a critical mass of Black and Aboriginal law students and alumni, who support and encourage each other and, as a result, acquire confidence and skill in raising, and educating others about, critical race …
Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability,
2019
University of Colorado Law School
Binary Governance: Lessons From The Gdpr’S Approach To Algorithmic Accountability, Margot E. Kaminski
Publications
Algorithms are now used to make significant decisions about individuals, from credit determinations to hiring and firing. But they are largely unregulated under U.S. law. A quickly growing literature has split on how to address algorithmic decision-making, with individual rights and accountability to nonexpert stakeholders and to the public at the crux of the debate. In this Article, I make the case for why both individual rights and public- and stakeholder-facing accountability are not just goods in and of themselves but crucial components of effective governance. Only individual rights can fully address dignitary and justificatory concerns behind calls for regulating …
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime,
2019
National University of Singapore
International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx
Michigan Journal of International Law
This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …
Freedom: A Work In Progress,
2019
Dalhousie University Schulich School of Law
Freedom: A Work In Progress, Rusi Stanev, Sheila Wildeman
Articles, Book Chapters, & Popular Press
Rusi Stanev, survivor of an intransigent system of guardianship and institutionalisation, victor in a ground breaking disability rights case against Bulgaria at the European Court of Human Rights, my partner in this writing project and (for too short a time) my friend, died on March 9, 2017, before our chapter could be completed. He was 61. Questions have been raised about the appropriateness of the care Rusi received in his final days; at the time of finalising this chapter, a formal inquest into the circumstances of his death had not issued in a decision. But whether or not Rusi Stanev’s …
Debating Rights Inflation In Canada: A Sociology Of Human Rights,
2019
Dalhousie University Schulich School of Law
Debating Rights Inflation In Canada: A Sociology Of Human Rights, Hannah Steeves
Articles, Book Chapters, & Popular Press
Dominique Clément’s Debating Rights Inflation in Canada is intended to augment a report he co-authored, “The Evolution of Human Rights in Canada,” published by the Canadian Human Rights Commission in 2012. The book’s goal is to stimulate discussion on the effects that rights inflation has had and could continue to have in Canada.
Book Review: Not Enough: Human Rights In An Unequal World,
2019
University of Georgia School of Law
Book Review: Not Enough: Human Rights In An Unequal World, Harlan G. Cohen
Scholarly Works
Review of the book Not Enough: Human Rights in an Unequal World. By Samuel Moyn. Cambridge, Massachusetts, Harvard University Press 2018. Pp. ix, 220. Index.
Amplifying The Voices Of The Muted: Reinterpreting Rival Representations Of Mexican And Central American Migrants And Refugees In American Migration Discourse,
2019
Bard College
Amplifying The Voices Of The Muted: Reinterpreting Rival Representations Of Mexican And Central American Migrants And Refugees In American Migration Discourse, Katherine Marie Hopper
Senior Projects Spring 2019
Senior Project submitted to The Division of Social Studies of Bard College.
Pardon Me Please: Cyntoia Brown And The Justice System’S Contempt For The Rights Of Black People,
2019
University of Richmond - School of Law
Pardon Me Please: Cyntoia Brown And The Justice System’S Contempt For The Rights Of Black People, Danielle Wingfield-Smith
Law Faculty Publications
"The outcry that precipitated Cyntoia Brown’s pending release on August 7, 2019 is a resonating reverberation of the voices of counter-resistance, which continue to echo in the halls of American injustice. From the social media platforms for social justice to the chambers of the Supreme Court, the pleas for pardon are nothing new. Pardon me for driving, pardon me for walking home from the store, pardon me for walking in the street with friends, pardon me for playing with toys—all while Black. While you’re at it, excuse me for wanting the right to equal education. As a matter of fact, …
Red Mining: Mining And The Right To Water In Porgera, Papua New Guinea,
2019
Columbia Law School
Red Mining: Mining And The Right To Water In Porgera, Papua New Guinea, Human Rights Institute, Earth Institute
Human Rights Institute
An interdisciplinary study of the human right to water in the villages near the Porgera Joint Venture (PJV) gold mine in Papua New Guinea (PNG) finds that local residents do not have consistent access to sufficient, acceptable, and safe water, or adequate information about their water resources. It concludes that the PNG government and the mining companies Barrick Gold and Zijin Mining, as well as their jointly controlled operator of the mine, Barrick (Niugini) Limited (BNL), can do more to meet their human rights obligations and responsibilities.
Submission To The United Nations Universal Periodic Review Of Yemen,
2019
Columbia Law School
Submission To The United Nations Universal Periodic Review Of Yemen, Mwatana Organization For Human Rights, Human Rights Clinic, Cairo Institute For Human Rights Studies, International Federation For Human Rights (Fidh), Gulf Centre For Human Rights (Gchr)
Human Rights Institute
Mwatana for Human Rights (Mwatana), the Columbia Law School Human Rights Clinic (the clinic), Cairo Institute for Human Rights Studies (CIHRS), International Federation for Human Rights (FIDH), and the Gulf Centre for Human Rights (GCHR) submit this report to inform the examination of Yemen during its third Universal Periodic Review (UPR). This submission focuses on international human rights and humanitarian law violations by the Government of Yemen and by the armed group Ansar Allah (the Houthis).
Human Rights Racism,
2019
University of Colorado Law School
Human Rights Racism, Anna Spain Bradley
Publications
International human rights law seeks to eliminate racial discrimination in the world through treaties that bind and norms that transform. Yet law’s impact on eradicating racism has not matched its intent. Racism, in all of its forms, remains a massive cause of discrimination, indignity, and lack of equality for millions of people in the world today. This Article investigates why. Applying a critical race theory analysis of the legal history and doctrinal development of race and racism in international law, Professor Spain Bradley identifies law’s historical preference for framing legal protections around the concept of racial discrimination. She further exposes …
Latin American Racial Equality Law As Criminal Law,
2019
Fordham University School of Law
Latin American Racial Equality Law As Criminal Law, Tanya K. Hernandez
Faculty Scholarship
No abstract provided.
Black Interests In Slaveries,
2019
Valparaiso University
Black Interests In Slaveries, Karen E. Bravo
Valparaiso University Law Review
No abstract provided.
Borders Rules,
2019
University of Pennsylvania Carey Law School
Borders Rules, Beth A. Simmons
All Faculty Scholarship
International political borders have historically performed one overriding function: the delimitation of a state’s territorial jurisdiction, but today they are sites of intense security scrutiny and law enforcement. Traditionally they were created to secure peace through territorial independence of political units. Today borders face new pressures from heightened human mobility, economic interdependence (legal and illicit), and perceived challenges from a host of nonstate threats. Research has only begun to reveal what some of these changes mean for the governance of interstate borders. The problems surrounding international borders today go well-beyond traditional delineation and delimitation. These problems call for active forms …
Measuring Norms And Normative Contestation: The Case Of International Criminal Law,
2019
University of Pennsylvania Carey Law School
Measuring Norms And Normative Contestation: The Case Of International Criminal Law, Beth A. Simmons, Hyeran Jo
All Faculty Scholarship
One way to tell if an international norm is robust is to assess the breadth of its support from a wide variety of important actors. We argue that to assess norm robustness, we should look at the general beliefs, rhetorical support, and actions of both primary and secondary norm addressees (states and non-state actors) at various levels: international, regional, domestic and local. By way of example, we evaluate the robustness of international criminal law (ICL) norms by looking at the rhetoric and actions of a diverse set of international actors, including not only states and intergovernmental organizations but also ordinary …
