Open Access. Powered by Scholars. Published by Universities.®

Human Rights Law Commons

Open Access. Powered by Scholars. Published by Universities.®

8,306 Full-Text Articles 5,813 Authors 3,598,408 Downloads 198 Institutions

All Articles in Human Rights Law

Faceted Search

8,306 full-text articles. Page 5 of 246.

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt 2018 Texas A&M University School of Law

Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt

Texas A&M Law Review

Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine ...


Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough 2018 Bowling Green State University

Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough

Honors Projects

“To protect our kids, we’ve given law enforcement new tools to fight human trafficking (Brett Guthrie).” Though Brett’s hopeful sentiment portrays a police force that is ready to battle the epidemic of modern day slavery, research has shown that local officers are sorely uneducated on the subject. The main focus of this paper is the link between the prevalence of human trafficking in the U.S. and the lack of local law enforcement training on the issue. The first section will be a brief overview of human trafficking, defining and discussing a few relevant details about it first ...


Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto 2018 Golden Gate University School of Law

Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto

Golden Gate University Law Review

Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect ...


The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil 2018 Golden Gate University School of Law

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note ...


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 ...


I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo 2018 Washington and Lee University School of Law

I Pledge Allegiance To The Party: Reclaiming The Associational Rights Of Independent Voters In Open Primaries, C. Alan Carrillo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Contraception Matters: Rights, Class, And Context, Naomi Cahn 2018 George Washington University Law School

Contraception Matters: Rights, Class, And Context, Naomi Cahn

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro 2018 The Hastings Center

Savior Siblings In The United States: Ethical Conundrums, Legal And Regulatory Void, Zachary E. Shapiro

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Forward, Joan M. Shaughnessy 2018 Washington and Lee University School of Law

Forward, Joan M. Shaughnessy

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst 2018 Washington and Lee University School of Law

What Is Life? Geriatric Release And The Conflicting Definitions Of “Meaningful Opportunity For Release”, Anthony Gunst

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan 2018 Washington and Lee University School of Law

Battle Of The Backlog: How Congressional Inaction Threatens The Integrity Of Medicare, Joshua M. Kaplan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth 2018 University of Richmond School of Law

The Burden Of A Good Idea: Examining The Impact Of Unfunded Federal Regulatory Mandates On Medicare Participating Hospitals, Rachel J. Suddarth

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond 2018 Indiana University

Information And The Regulatory Landscape: A Growing Need To Reconsider Existing Legal Frameworks, Anjanette H. Raymond

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead, 2018 Washington and Lee University School of Law

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note, Erica Sieg 2018 Washington and Lee University School of Law

Editor's Note, Erica Sieg

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents, 2018 Washington and Lee University School of Law

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi 2018 Mississippi College School of Law

Personhood Seeking New Life With Republican Control, Jonathan F. Will, I. Glenn Cohen, Eli Y. Adashi

Indiana Law Journal

Just three days prior to the inauguration of Donald J. Trump as President of the United States, Representative Jody B. Hice (R-GA) introduced the Sanctity of Human Life Act (H.R. 586), which, if enacted, would provide that the rights associated with legal personhood begin at fertilization. Then, in October 2017, the Department of Health and Human Services released its draft strategic plan, which identifies a core policy of protecting Americans at every stage of life, beginning at conception. While often touted as a means to outlaw abortion, protecting the “lives” of single-celled zygotes may also have implications for the ...


Humanitarianism As A Weapons System, David Luban 2018 Georgetown University Law Center

Humanitarianism As A Weapons System, David Luban

Georgetown Law Faculty Publications and Other Works

One important theme in Rosa Brooks’s How Everything Became War and the Military Became Everything is that in Iraq and Afghanistan the United States has increasingly given the military reconstruction tasks that seem more like civilian jobs. This is part of the pivot to a “hearts-and-minds” counter-insurgency strategy; but in larger part it reflects our great trust in our military and diminishing trust in civilian government. The result is a vicious circle: As resources shift from civilian agencies to the military doing similar jobs, the civilian agencies become less effective, which seems to vindicate the judgment that the military ...


Digital Commons powered by bepress