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The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer 2018 Brandman University

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design ...


Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer 2018 CUNY City College

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events ...


What Is The Right To Privacy?, Andrei Marmor 2018 USC Gould School of Law

What Is The Right To Privacy?, Andrei Marmor

Andrei Marmor

A philosophical account of the right to privacy should explain what is the distinct interest that the right is there to protect, what it takes to secure it, and what would count as a violation of the right. In this paper I argue that the right to privacy is grounded on people’s interest in having a reasonable measure of control over ways in which they present themselves (and what is theirs) to others; I argue that in order to secure this kind of interest we need to have a reasonably secure and predictable environment about the flow of information ...


The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga 2018 Concordia University School of Law

The Role Of International Actors In Promoting Rule Of Law In Uganda, Joseph M. Isanga

Joseph Isanga

African conflicts have been caused in part by regimes that do not respect democracy. Uganda is an illustrative case. International actors have played along under an undeclared policy of constructive engagement, but this has essentially served only to delay democratic evolution. As a result, Ugandan leaders have become increasingly autocratic. In such circumstances, reliance on the military and personal rule based on patronage--as opposed to democracy and the rule of law-have become critically important in governance. Yet forceful measures often only beget forceful reactions. The best hope for democracy is for courts to enforce the will of the people as ...


The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga 2018 Concordia University School of Law

The "Common Word," Development, And Human Rights: African And Catholic Perspectives, Joseph M. Isanga

Joseph Isanga

Africa is the most conflict-ridden region of the world and has been since the end of the Cold War. The Continent's performance in both development and human rights continues to lag behind other regions in the world. Such condi­tions can cause religious differences to escalate into conflict, particularly where religious polarity is susceptible to being exploited. The sheer scale of such con­flicts underscores the urgency and significance of interreligious engagement and dialogue: 'Quantitative and qualitative analysis based on a ... database including 28 violent conflicts show that religion plays a role more frequently than is usually assumed.' This ...


Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga 2018 Concordia University School of Law

Counter-Terrorism And Human Rights: The Emergence Of A Rule Of Customary International Law From U.N. Resolutions, Joseph M. Isanga

Joseph Isanga

This article is divided into four sections. Section I will discuss how a rule of customary international law generally develops, including discussions of development from conventional sources and the use of United Nations resolutions for finding a rule of customary international law generally. Section II will expound the treatment of and reliance upon the United Nations resolutions as a source of law by the International Court of Justice, in order to facilitate our discussion of an emerging rule of customary international law from resolutions. Section III will consider the limitations for using resolutions as binding statements of opinio juris. Finally ...


Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga 2018 Concordia University School of Law

Mulieris Dignitatem, Ephesians 5, And Domestic Violence, Joseph M. Isanga

Joseph Isanga

This Article considers the contribution of Pope John Paul II’s apostolic letter On the Dignity and Vocation of Women to the deeper understanding of women’s dignity as it relates to the process of articulating and rearticulating international women’s rights, with particular attention on domestic violence.2 This letter, Mulieris Dignitatem, brings together some of the Catholic Church’s most important teachings on gender equality. This Article delineates norms articulated in Mulieris Dignitatem that can inform international standards regarding the protection of women from domestic violence. To date there are no legally binding global human rights instruments that ...


Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga 2018 Concordia University School of Law

Kadhi's Courts And Kenya's Constitution: An International Human Rights Perspective, Joseph M. Isanga

Joseph Isanga

This article examines Kenya's international human rights obligations and finds that there is support for religious courts, provided relevant human rights guarantees are ensured. Kenya's Kadhi's courts have existed in the constitution since independence from the British. So why do some religious groups now oppose them or their enhancement under Kenya's Constitution? Opponents of Kadhi's courts advance, inter aha, the following arguments. First, Kadhi's courts provisions favour one religion and divide Kenyans along religious lines. Second, they introduce Sharia law. Third, the historical reasons for their existence have been overtaken by events. Fourth, non-Muslims ...


Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga 2018 Concordia University School of Law

Foundations Of Human Rights And Development: A Critique Of African Human Rights Instruments, Joseph M. Isanga

Joseph Isanga

This Article argues that, of the contemporary human rights theories, sustainable African development necessitates grounding human rights in complete alignment with the broader perspective of natural law theory, as opposed to narrower perspectives such as utilitarian, positivist, and kindred theories.3 Part I presents pertinent philosophical theories and modes of analysis in conjunction with general international legal jurisprudence. Part II then uses this philosophical analysis to examine specific African human rights instruments and jurisprudence. Part III considers African traditional human rights conceptions. Part IV recommends a natural law foundation for African development. [excerpt]


The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera 2018 College of William & Mary Law School

The Role Of International Human Rights Law In Mediating Between The Rights Of Parents And Their Children Born With Intersex Traits In The United States, Cristian González Cabrera

William & Mary Journal of Women and the Law

No abstract provided.


Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis 2018 College of William & Mary Law School

Reimagining Justice For Gender-Based Crimes At The Margins: New Legal Strategies For Prosecuting Isis Crimes Against Women And Lgbtiq Persons, Lisa Davis

William & Mary Journal of Women and the Law

No abstract provided.


Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid 2018 College of William & Mary Law School

Gender Violence And Human Rights In An Era Of Backlash, Julie Goldscheid

William & Mary Journal of Women and the Law

This Article brings the lens of civil cases seeking accountability for gender violence to the question of how international human rights decisions interpret gender and gender norms. It argues that a broad interpretation of gender is particularly critical as we face increasing backlash globally. It demonstrates how international human rights decisions assessing state responses to gender violence recognize the role of historic gender biases and stereotypes in holding states to account for redressing discriminatory responses to abuse, and considers structural limitations in those instruments that could impede those instruments’ transformative reach.


Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard 2018 Columbia Law School

Climate Change And Human Trafficking After The Paris Agreement, Michael B. Gerrard

University of Miami Law Review

At least 21 million people globally are victims of human trafficking, typically involving either sexual exploitation or forced labor. This form of modern-day slavery tends to increase after natural disasters or conflicts where large numbers of people are displaced from their homes and become highly vulnerable. In the decades to come, climate change will very likely lead to a large increase in the number of people who are displaced and thus vulnerable to trafficking. The Paris Climate Agreement of 2015 established objectives to limit global temperature increases, but the voluntary pledges made by nearly every country fall far short of ...


Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson 2018 University of Vienna

Climate Change And The Challenges To Democracy, Marcello Di Paola, Dale Jamieson

University of Miami Law Review

This Article explores the uneasy interaction between climate change and democracy, particularly liberal democracy. Its central claim is that climate change and other problems of the Anthropocene—this new epoch into which no earthly entity, process, or system escapes the reach and influence of human activity—expose and exacerbate existing vulnerabilities in democratic theory and practice, particularly in their currently dominant liberal form; and that both democracies’ failures and their most promising attempts at managing these problems expose democracies to significant legitimacy challenges.


Limiting The National Right To Exclude, Katrina M. Wyman 2018 NYU School of Law

Limiting The National Right To Exclude, Katrina M. Wyman

University of Miami Law Review

This essay argues that the robust right to exclude that nation states currently enjoy will be harder to justify in an era of climate change. Similar to landowners, nation states have virtual monopolies over portions of the earth. However, the right of landowners to control who enters their land is considerably more constrained than the right of nation states to control who enters their territory. Climate change will alter the areas of the earth suitable for human habitation and the broad right of nation states to exclude will be more difficult to justify in this new environment.


The Climate For Human Rights, Rebecca M. Bratspies 2018 CUNY School of Law

The Climate For Human Rights, Rebecca M. Bratspies

University of Miami Law Review

Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ºC. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change


Energy, Governance, And Market Mechanisms, Alice Kaswan 2018 San Francisco School of Law

Energy, Governance, And Market Mechanisms, Alice Kaswan

University of Miami Law Review

As climate modelers’ projections materialize through intense storms, catastrophic flooding, unprecedented heat waves, and more, the need for substantial decarbonization within the next few decades has become increasingly clear. Transitioning to clean energy will bring benefits and drawbacks and will create winners and losers. Who will decide how we transition? Our choice of policy tools will have significant implications for who controls the transition and how it unfolds.

Many economists promote the role of market-based mechanisms like carbon taxes or cap-and-trade, mechanisms that rely largely on private actors to make crucial decisions. Under this view, government measures would fill in ...


Who Gets In? The Price Of Acceptance In Canada, Chavon A. Niles 2018 University of Toronto

Who Gets In? The Price Of Acceptance In Canada, Chavon A. Niles

Journal of Critical Thought and Praxis

The Canadian nation state is often applauded for its open and welcoming attitude towards Others. The Prime Minister of Canada has openly stated that “Diversity is our strength.” However, who gets in suggests who and what Canada values. Through the stories of Jazmine, Nico and Harold shared by Global News, I will illustrate how Canada continues to discriminate against people with disabilities. Using critical disability studies and critical race theory, I explore the assumptions the “excessive demand,” point system, and medical exam make in labelling and disregarding disabled applicants who are read as undesirable and unworthy. Finally, I reflect on ...


Maine's "Act To Protect Traditional Marriage And Prohibit Same-Sex Marriages": Questions Of Constitutionality Under State And Federal Law, Jennifer B. Wriggins 2018 University of Maine School of Law

Maine's "Act To Protect Traditional Marriage And Prohibit Same-Sex Marriages": Questions Of Constitutionality Under State And Federal Law, Jennifer B. Wriggins

Maine Law Review

In 1997, Maine's Legislature passed “An Act to Protect Traditional Marriage and Prohibit Same-Sex Marriages” (Act). The summary attached to the bill states that the bill “prohibits persons of the same sex from contracting marriage.” The bill was the verbatim text of an initiative petition. Civil marriage in Maine and other states is regulated by state statute, and marriage regulation is generally considered to be within the state's police power. However, the state's power to regulate marriage is subject to constitutional limitations. I maintain that “heightened scrutiny” should be applied to the Act because the Act creates ...


Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis 2018 University of Maine School of Law

Global Intersections: Critical Race Feminist Human Rights And Inter/National Black Women, Hope Lewis

Maine Law Review

In this brief essay, I illustrate how Critical Race Feminist analysis could reconceptualize the human rights problems facing “Inter/national Black women” --in this case, Black women who migrate between the United States and Jamaica. This focus on Jamaican American migrants is very personal as well as political; I was raised by Jamaican American women. However, I have begun to focus on such women in my research not only in a search for “home” but also because there are important lessons to be learned from those who are the least visible in the legal literature. I draw the framework for ...


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