What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, 2019 Golden Gate University School of Law
What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave
On International Women’s Day, with women facing challenges on equal pay, reproductive rights, sexual harassment and violent sexual assault, the topic of sudden, forced and unwanted kisses initially seems trivial, unworthy of consideration. However, Alva Johnson’s recent civil complaint against Donald Trump for kissing her on the side of her mouth, raises the question of whether such conduct should be criminal in the United States.
Easing “[T]He Burden Of The Brutalized”: Applying Bystander Intervention Training To Corporate Conduct, 2019 The Catholic University of America, Columbus School of Law
Easing “[T]He Burden Of The Brutalized”: Applying Bystander Intervention Training To Corporate Conduct, Jena Martin
Catholic University Law Review
The last few years have borne witness to a shift regarding how to address issues of oppression and social injustice. Across many different advocacy points—from police brutality to sexual violence—there seems to be a consensus that simply engaging the oppressor or the victim is not enough to effect real social change. The consensus itself is not new: it has been at the heart of many social justice movements over the years. However, what is new is the explicit evocation of the bystander within this framework. Too often, in conversations on conflicts generally (and negative human rights impact specifically ...
Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, 2019 The Catholic University of America, Columbus School of Law
Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, Adam Szafranski, Piotr Szwedo And Malgorzata Klein
Catholic University Law Review
The internet is virtually ubiquitous and is becoming more accessible to young people all over the world. Along with the many benefits it brings, the internet poses serious risks to the human rights of its most vulnerable users, viz. children. The United Kingdom, Poland and the U.S. State of Utah have already started to mitigate this risk through a variety of regulatory mechanisms. A priori, both self-regulation and hard law can satisfy international requirements on freedom of services and freedom of expression, but each requires careful scrutiny. Neither self-regulation nor soft law appear to be sufficient. It would seem ...
Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, 2019 Linfield College
Respect Existence Or Expect Resistance: Fundraising For Trans Law Center, Lara Martz, Sage Kramer-Urner
Student Engagement Posters
Lara Martz and Sage Kramer-Urner discuss student engagement at Linfield College with regard to a fundraising campaign to benefit the Trans Law Center.
Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, 2019 Texas A&M University School of Law
Bloody Hell: How Insufficient Access To Menstrual Hygiene Products Creates Inhumane Conditions For Incarcerated Women, Lauren Shaw
Texas A&M Law Review
For thousands of incarcerated women in the United States, dealing with menstruation is a nightmare. Across the country, many female prisoners lack sufficient access to feminine hygiene products, which negatively affects their health and rehabilitation. Although the international standards for the care of female prisoners have been raised in attempt to eliminate this issue, these stan- dards are often not followed in the United States. This Comment argues that denial of feminine hygiene products to female prisoners violates human de- cency. Additionally, this Comment considers possible constitutional violations caused by this denial, reviews current efforts to correct this problem, and ...
Universal Human Rights And Constitutional Change, 2019 Santa Clara University
Universal Human Rights And Constitutional Change, David Sloss, Wayne Sandholtz
University of Southern California Legal Studies Working Paper Series
Many Americans believe that the United States has a tradition of federal constitutional protection for fundamental human rights, dating back to adoption of the Bill of Rights in 1791. That belief is mostly wrong. For most of U.S. history, protection for fundamental rights depended primarily on state law, not federal law. This article documents the transfer of regulatory authority over human rights from the states to the federal government, which we call the “federalization” of human rights. Before 1930, state governments exercised primary or exclusive regulatory authority for most fundamental rights. Federalization occurred in two phases: from 1930 to ...
The Constitutional Rights Of Advanced Robots (And Of Human Beings), 2019 Indiana University
The Constitutional Rights Of Advanced Robots (And Of Human Beings), R. George Wright
Arkansas Law Review
Constitutional rights create and destroy otherwise available options for the rights-bearer, for governments, and for affected third parties. Thus, conferring a constitutional right always requires at least some minimal defense. But conferring a constitutional right can certainly be appropriate if the recipient of the right seems to deserve or otherwise qualify for the right in question, or if conferring the right makes sense on other, perhaps partly pragmatic, grounds.
Table Of Contents, 2019 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
The Christian Invention Of Human Dignity (Research Materials), 2019 College of the Holy Cross
The Christian Invention Of Human Dignity (Research Materials), Holy Cross Libraries
Library Resources for Campus Events
A bibliography of resources available through the Holy Cross Libraries which provide additional information related to "The Christian Invention of Human Dignity" a lecture by Samuel Moyn, professor of law and history at Yale University, who argues that human dignity has to be linked to the invention of Christian democracy. The lecture is sponsored by the Rev. Michael C. McFarland, S.J. Center for Religion, Ethics and Culture, and was held at the College of the Holy Cross on February 26, 2019.
Medical Care In Urban Conflict, 2019 U.S. Naval War College
Medical Care In Urban Conflict, Kenneth Watkin
International Law Studies
The potential for urban violence is increasing as the world population continues to migrate towards cities. Recent examples of urban warfare with insurgent groups has occurred in Damascus, Mosul, Raqqa, Marawi, Ramadi, and Fallujah, although non-State actor conflict covers a wide range of violence from ordinary crime, to terrorism and transnational crime, to near conventional conflict. Further, transnational terrorist groups have sought to extend the conflict into countries seen as the “far enemy.” A key issue is determining if an armed conflict is in existence so that the protective focus of international humanitarian law regarding the provision of medical care ...
Conflict Minerals And Crimes Against Humanity In The Drc: How To Hold Individual Corporate Officers Criminally Liable, Emily Mankowski
Notre Dame Law Review
International criminal law is concerned with holding perpetrators responsible for the gravest crimes committed by humanity. The larger and more heinous the crime, however, the more complicated the prosecution. Identifying the relevant actors, producing sufficient evidence to impose liability, and bringing criminals to justice is a challenging endeavor. This complex process becomes even more daunting when factoring in complicit actors. This Note discusses the different legal mechanisms to hold individual corporate officers criminally liable for complicity in committing crimes against humanity and other human rights atrocities in the Democratic Republic of the Congo (“DRC”) as a result of their participation ...
Constraint And Control, 2019 CUNY Hunter College
Constraint And Control, Patricia Ayres
School of Arts & Sciences Theses
I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.
The Post-9/11 Lgbtq Human Rights Struggle In Egypt, 2019 The Graduate Center, City University of New York
The Post-9/11 Lgbtq Human Rights Struggle In Egypt, Donna K. Huaman
All Dissertations, Theses, and Capstone Projects
Since the turn of the twenty-first century, the struggle for LGBTQ human rights has become a leading standard that depicts whether or not a state can be considered modern and progressive. Yet, while this new criterion seems to be supported by Global North states, other nations in other regions, like Egypt from the Middle East, North Africa (MENA) has criticized the international pressure to implement this standard as neo-imperialist and inauthentic to its Muslim-Arab culture. Egypt claims to be the universal Arab-Muslim voice for the MENA region and has become one of the greatest challengers to the international campaign for ...
Slogans Appropriate To The Legacy Of Martin Luther King Jr., 2019 Southern Methodist University
Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker
Perkins Faculty Research and Special Events
For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.
Human Rights Violations Consequent To Transshipment Practices In Fisheries, 2019 University of Maine School of Law
Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto
Ocean and Coastal Law Journal
Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board ...
Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, 2019 University of Miami Law School
Un Antagonism Towards The State Of Israel Resolution 2334 Of The Un Security Council: A Misinterpretation Of International Law, Jacob Dolinger
University of Miami Inter-American Law Review
No abstract provided.
The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, 2019 The Brookings Institution
The Power Of Ranking: The Ease Of Doing Business Indicator And Global Regulatory Behavior, Rush Doshi, Judith G. Kelley, Beth A. Simmons
Faculty Scholarship at Penn Law
The proliferation of Global Performance Indicators (GPIs), especially those that rate and rank states against one another, shapes decisions of states, investors, bureaucrats, and voters. This power has not been lost on the World Bank, which has marshaled the Ease of Doing Business (EDB) index to amass surprising influence over global regulatory policies – a domain over which it has no explicit mandate and for which there is ideological contestation. This paper demonstrates how the World Bank’s EDB ranking system affects policy through bureaucratic, transnational, and domestic-political channels. We use observational and experimental data to show that states respond to ...
“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, 2019 Southern Methodist University, Dedman School of Law
“Heal Thyself.”—An Argument For Granting Asylum To Healthcare Workers Persecuted During The 2014 West African Ebola Crisis, Bethany Echols
SMU Law Review
This article argues for a change in United States asylum policy at a time when change is needed most. Those seeking asylum must prove that they fear persecution in their home country based on one of five protected categories and that their government is the persecutor or is unable to control the actions of the persecutors. Multiple articles have recognized that the “particular social group” is the most difficult category of asylum seeker to analyze. Not only do the standards for particular social groups (PSGs) vary among circuit courts, but judicial consistency is lacking.
This article focuses on a particular ...
Borders Rules, 2019 University of Pennsylvania Law School
Borders Rules, Beth A. Simmons
Faculty Scholarship at Penn Law
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 ...
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, 2019 Ulster University, Northern Ireland
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke
American University Journal of Gender, Social Policy & the Law
Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights ...