Framing For A New Transnational Legal Order: The Case Of Human Trafficking,
2015
U.S. Department of State
Framing For A New Transnational Legal Order: The Case Of Human Trafficking, Paulette Lloyd, Beth A. Simmons
All Faculty Scholarship
How does transnational legal order emerge, develop and solidify? This chapter focuses on how and why actors come to define an issue as one requiring transnational legal intervention of a specific kind. Specifically, we focus on how and why states have increasingly constructed and acceded to international legal norms relating to human trafficking. Empirically, human trafficking has been on the international and transnational agenda for nearly a century. However, relatively recently – and fairly swiftly in the 2000s – governments have committed themselves to criminalize human trafficking in international as well as regional and domestic law. Our paper tries to …
No Refuge: Hungarian Romani Refugee Claimants In Canada,
2015
Osgoode Hall Law School of York University
No Refuge: Hungarian Romani Refugee Claimants In Canada, Julianna Beaudoin, Jennifer Danch, Sean Rehaag
Osgoode Legal Studies Research Paper Series
From 2008 to 2012, large numbers of Hungarian Romani refugee claimants came to Canada. Their arrival was controversial. Some political actors suggested that their claims were unfounded and amounted to abuse of Canada’s refugee processes -- abuse which could only be prevented through wide-scale reforms to the refugee determination system. Many advocates for refugees, by contrast, argued that persecution against Roma was rampant in Hungary and noted that hundreds of Hungarians had been recognized as refugees in Canada. Some went further and contended that Romani refugee claimants fled persecution in Hungary only to be confronted with similar mistreatment in Canada. …
Towards A Natural Law Foundationalist Theory Of Universal Human Rights,
2015
Osgoode Hall Law School of York University
Towards A Natural Law Foundationalist Theory Of Universal Human Rights, Anthony Robert Sangiuliano
Osgoode Legal Studies Research Paper Series
The contemporary literature on the philosophy of human rights features a clash between two opposing theoretical paradigms. The first paradigm, called Functionalism, grounds the nature of human rights in their practical or political significance. The second paradigm, called Foundationalism, grounds the nature of human rights in a pre-political substratum of moral thought to which positive legal-political institutions ought to conform. What tends to make the first paradigm more appealing is that it avoids the problem of grounding human rights in moral considerations that may be ethnocentric and thus not acceptable to all peoples everywhere. This paper makes a case for …
Ending Homelessness: Building Not Only Homes But Relationships Of Respect,
2015
Osgoode Hall Law School of York University
Ending Homelessness: Building Not Only Homes But Relationships Of Respect, Janet Mosher
Commissioned Reports, Studies and Public Policy Documents
No abstract provided.
Archbishop Desmond Tutu: 2000 Recipient,
2015
University of Cincinnati College of Law
Archbishop Desmond Tutu: 2000 Recipient, Miranda Anandappat
Freedom Center Journal
Former Archbishop Desmond Tutu received the 2000 International Freedom Conductor Award for his invaluable contributions to the collapse of the apartheid system in South Africa. His fight for the freedom and equality of all South Africans and continuing efforts to advocate for world peace, global human rights, and democratic transition through reconciliatory and restorative justice have made the Archbishop a renowned world leader.
International Freedom Conductor Award: Introduction,
2015
University of Cincinnati College of Law
International Freedom Conductor Award: Introduction, Zack Eckles
Freedom Center Journal
The International Freedom Conductor Award ("IFCA") was created to recognize and honor contemporary individuals who exemplify the courageousness and personal strength of the historic Underground Railroad conductors.
Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients,
2015
University of Cincinnati College of Law
Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients, Priya Walia
Freedom Center Journal
The National Underground Railroad Freedom Center proudly presented the 2013 recipients the International Freedom Conductor Award to Reverend Fred Shuttlesworth and Nicholas Kristof. Rev. Shuttlesworth was known as the courageous, charismatic, blunt preacher who vowed to "kill segregation or be killed by it." After his successes with racial desegregation, Shuttlesworth spent the rest of his life fighting for equality for impoverished people. Two-time Pulitzer Prize winning journalist, Nicholas Kristof changed the course of social justice philanthropy through his work. Through individual personal narratives, Kristof compels the audience to delve further into seemingly remote global issues and inspires the American public …
Letter From The Editors,
2015
American University Washington College of Law
Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser
Human Rights Brief
No abstract provided.
Americas,
2015
American University Washington College of Law
New Perspectives On European Women’S Legal History,
2015
DePaul University
New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp
School of Continuing and Professional Studies Faculty Publications
No abstract provided.
Giving As Governance: Philanthrocapitalism And Modern-Day Slavery Abolitionism,
2015
American University Washington College of Law
Giving As Governance: Philanthrocapitalism And Modern-Day Slavery Abolitionism, Janie Chuang
Articles in Law Reviews & Other Academic Journals
This Essay examines the potential influence of a new breed of actor in the global antitrafficking arena: the venture philanthropist, or "philanthrocapitalist." Philanthrocapitalists have already helped rebrand "trafficking" as "modern-day slavery," and have expressed their ambitions to lead global efforts to eradicate the problem. With their deep financial resources and access to powerful networks, philanthrocapitalists hold tremendous power to shape the future trajectory of the antitrafficking movement. this Essay warns, however, against the possibility that philanthrocapitalists could also reconfigure the landscape of global antitrafficking policymaking, marginalizing or even displacing other actors' efforts to address the problem.
Persecution: How Much Is Enough?,
2015
University of Kentucky
Persecution: How Much Is Enough?, Hillary R. Chambers
Kentucky Law Journal
No abstract provided.
Argentina's Trials: New Ways Of Writing Memory,
2015
University of San Francisco
Argentina's Trials: New Ways Of Writing Memory, Susana Kaiser
Media Studies
The last Argentine dictatorship (1976–1983) left a legacy of an estimated 30,000 desaparecidos (disappeared people). Three decades later, the wall of impunity is now being torn down. Trials are spreading across Argentina and hundreds of repressors are being judged. These trials are public spaces for collective memory making, political arenas for competing memory battles, and forums in which new information and perspectives about what happened under state terrorism continually emerge. Through the testimonies of survivors and the claims of the defense teams we gain new knowledge about the level and scope of the human rights abuses, how the repressive apparatus …
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption,
2015
Barry University
Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra
Faculty Scholarship
No abstract provided.
Kermit Gosnell’S Babies: Abortion, Infanticide And Looking Beyond The Masks Of The Law,
2015
University of Nebraska College of Law
Kermit Gosnell’S Babies: Abortion, Infanticide And Looking Beyond The Masks Of The Law, Richard F. Duncan
Nebraska College of Law: Faculty Publications
If, as Laurence Tribe has observed, “all law tells a story,” this Article tells two stories occurring forty years apart—the story of Justice Harry Blackmun and the unborn human beings he covered with the legal mask of “potential” lives in Roe v. Wade in 1973, and the story of Doctor Kermit Gosnell and the unmasked babies he was convicted of murdering in his Philadelphia abortion clinic in 2013. As Professor Tribe also observes, these stories amount to “a clash of absolutes, of life against liberty,” and therefore they are stories that must be told time and again, until we get …
The Executioners‘ Dilemmas,
2015
University of Nebraska College of Law
The Executioners‘ Dilemmas, Eric Berger
Nebraska College of Law: Faculty Publications
When people learn that I study lethal injection, they are usual-ly curious to know more (or at least they are polite enough to ask questions). Interestingly, the question that arises most often—from lawyers, law students, and laypeople—is why states behave as they do. In the wake of botched executions and ample evidence of lethal injection‘s dangers, why do states fail to address their execution procedures‘ systemic risks? Similarly, why do states so vigorously resist requests to disclose their execution procedures‘ details? This symposium essay takes a stab at answering these ques-tions. In the interest of full disclosure, I should admit …
Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels,
2015
Columbia Law School
Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
The United States has repeatedly affirmed that state and local governments are vital to comprehensive human rights implementation within and throughout the country. During the 2010 UPR, the Legal Adviser to the U.S. State Department emphasized that “the best human rights implementation combines overlapping enforcement by ... the federal government working together with state and local partners.” Indeed, state and local authorities are on the front lines of addressing key human rights issues, including housing, employment, criminal justice and education. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human …
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct,
2015
Columbia Law School, Columbia Center on Sustainable Development
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …
Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry,
2015
Dalhousie University - Schulich School of Law
Report From The Restorative Justice Process At The Dalhousie University Faculty Of Dentistry, Jennifer Llewellyn, Jacob Mcissac, Melissa Mackay
Reports & Public Policy Documents
In December 2014, female students in Dalhousie University’s Faculty of Dentistry filed complaints under the University’s Sexual Harassment Policy after they became aware some of their male colleagues had posted offensive material about them in a private Facebook group. The select materials revealed from the Facebook group reflected misogynistic, sexist and homophobic attitudes. At the complainants’ request, the University began a restorative justice process to investigate the matter, address the harms it caused and examine the climate and culture within the Faculty that may have influenced the offensive nature of the Facebook group’s content. Twenty-nine students from the class of …
Draft Provincial/Territorial Legislation To Implement A Regulatory Framework For Medically-Assisted Dying Consistent With Carter V. Canada (Attorney General) 2015 Scc 5 And The Final Report Of The Provincial-Territorial Expert Advisory Group On Physician-Assisted Dying,
2015
Dalhousie University - Schulich School of Law
Draft Provincial/Territorial Legislation To Implement A Regulatory Framework For Medically-Assisted Dying Consistent With Carter V. Canada (Attorney General) 2015 Scc 5 And The Final Report Of The Provincial-Territorial Expert Advisory Group On Physician-Assisted Dying, Jocelyn Downie
Reports & Public Policy Documents
On February 6, 2015, the Supreme Court of Canada unanimously declared that the Criminal Code prohibitions on physician-assisted dying (both assisted suicide and voluntary euthanasia) violate the Canadian Charter of Rights and Freedoms. They immediately suspended the declaration for 12 months thus allowing the government time to craft new legislation. This paper is a contribution to the project of meeting that deadline -- it presents draft provincial/territorial legislation. This draft legislation is based on: 1) a thorough review of existing legislation in all permissive regimes throughout the world (reviewed through a "lessons learned" lens); 2) the requirements for constitutional validity …
