Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (222)
- Washington and Lee University School of Law (111)
- Seattle University School of Law (71)
- Yeshiva University, Cardozo School of Law (70)
- Loyola University Chicago, School of Law (63)
-
- University of Michigan Law School (62)
- University of Georgia School of Law (57)
- New York Law School (44)
- University of Denver (43)
- Columbia Law School (42)
- Universitas Indonesia (39)
- Vanderbilt University Law School (37)
- University of Miami Law School (36)
- Northwestern Pritzker School of Law (35)
- BLR (34)
- Schulich School of Law, Dalhousie University (34)
- University at Buffalo School of Law (32)
- UIC School of Law (31)
- Case Western Reserve University School of Law (28)
- William & Mary Law School (27)
- Pace University (23)
- University of Richmond (22)
- Maurer School of Law: Indiana University (19)
- Notre Dame Law School (19)
- Brooklyn Law School (18)
- University of Washington School of Law (18)
- Georgetown University Law Center (17)
- University of Rhode Island (17)
- St. Mary's University (16)
- The Peter A. Allard School of Law (15)
- Keyword
-
- Human rights (241)
- Human Rights Law (91)
- Human Rights (72)
- International law (65)
- Human trafficking (64)
-
- International Law (60)
- International Criminal Court (58)
- United Nations (42)
- Criminal justice (39)
- Genocide (36)
- International criminal law (36)
- Immigration (34)
- Terrorism (34)
- Criminal law (32)
- Prison (30)
- Slavery (30)
- War crimes (30)
- Civil rights (29)
- Detention (28)
- Incarceration (28)
- Law (28)
- Torture (28)
- Women (28)
- Death penalty (26)
- Justice (25)
- Capital punishment (23)
- Crimes against humanity (23)
- United States (23)
- Violence (23)
- Human Trafficking (22)
- Publication
-
- Human Rights Brief (91)
- Faculty Scholarship (71)
- Washington and Lee Journal of Civil Rights and Social Justice (69)
- Public Interest Law Reporter (61)
- Scholarly Articles in Law Reviews & Journals (49)
-
- Seattle University Law Review (46)
- Human Rights & Human Welfare (41)
- Articles (38)
- Georgia Journal of International & Comparative Law (38)
- Scholarly Articles (37)
- Articles & Chapters (34)
- ExpressO (34)
- Michigan Journal of International Law (28)
- Scholarly Works (28)
- Human Rights Institute (25)
- Vanderbilt Journal of Transnational Law (25)
- Articles, Book Chapters, & Popular Press (24)
- Jurnal Hukum & Pembangunan (24)
- Societies Without Borders (24)
- Buffalo Human Rights Law Review (21)
- Northwestern Journal of Human Rights (21)
- UIC Law Review (21)
- American University International Law Review (19)
- Cardozo Law Review (19)
- Dignity: A Journal of Analysis of Exploitation and Violence (17)
- Georgetown Law Faculty Publications and Other Works (16)
- All Faculty Publications (15)
- Seattle Journal for Social Justice (15)
- American University Journal of Gender, Social Policy & the Law (14)
- Faculty Publications (14)
- Publication Type
- File Type
Articles 1351 - 1380 of 1867
Full-Text Articles in Entire DC Network
State And Local Human Rights Agencies: Recommendations For Advancing Opportunity And Equality Through An International Human Rights Framework, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
State And Local Human Rights Agencies: Recommendations For Advancing Opportunity And Equality Through An International Human Rights Framework, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
State and local human rights agencies can play a critical role in promoting and protecting human rights close to home. State and local human rights and human relations commissions already operate every day to prevent and eliminate discrimination. These institutions have multiple functions that include enforcing anti-discrimination laws, engaging in community education and training and advocacy. Central to their mission is encouraging and facilitating institutional change to eradicate discrimination and promote equal opportunity. Thus, advancing human rights protections intersects with and, in fact, supports the work of state and local human rights and human relations commissions to encourage and ensure …
Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang
Rescuing Trafficking From Ideological Capture: Prostitution Reform And Anti-Trafficking Law And Policy, Janie Chuang
Scholarly Articles in Law Reviews & Journals
In the decade since it became a priority on the United States' national agenda, the issue of human trafficking has spawned enduring controversy. New legal definitions of “trafficking” were codified in international and U.S. law in 2000, but what conduct qualifies as “trafficking” remains hotly contested. Despite shared moral outrage over the plight of trafficked persons, debates over whether trafficking encompasses voluntary prostitution continue to rend the anti-trafficking advocacy community - and are as intractable as debates over abortion and other similarly contentious social issues. Attempts to equate trafficking with slavery invite both disdain and favor: they are often rejected …
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley
Faculty Scholarship
The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …
Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy
Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy
Cardozo Journal of Equal Rights & Social Justice
The article argues that the mistake of law defense is irrelevant in cases of culture-based crimes against women, particularly honor killings, committed by immigrants in Western societies. It asserts that such crimes, often justified by cultural preservation, warrant harsher sentencing rather than leniency due to cultural ignorance. The analysis distinguishes between first-generation immigrants and refugees, emphasizing that refugees should not receive special treatment in legal accountability. The article advocates for stricter legal measures to address these crimes and minimize their occurrence.
Propaganda For War And Transparency, Richard B. Collins
Propaganda For War And Transparency, Richard B. Collins
Publications
No abstract provided.
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall
Human Rights Brief
No abstract provided.
Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen
Paradigm Shifts In International Justice And The Duty To Protect; In Search Of An Action Principle, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article places the emerging “responsibility to protect” within the historical development of international human rights and criminal law, while also attempting to more fully theorize the responsibility to ensure that it can be a basis for action in the face of a state’s commission of atrocities against its citizens. The main point of departure concerns the issue of “right authority” at that point in time when a coercive intervention is justified. Rather than rely solely on the Security Council in these situations, this article contends that unilateral and multilateral action must be countenanced by a fully theorized “responsibility to …
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
Give Me Your Tired, Your Poor…And Your Convicted? Teaching “Justice” To Law Students By Defending Criminal Immigrants In Removal Proceedings, Michael S. Vastine
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti
Cardozo Journal of Conflict Resolution
This Note will explore the pros and cons of using victim-offender dialogue in cases of human trafficking. In the first part of the Note, a background on human trafficking will be provided, including current statistics on human trafficking cases and the effects on victims. Restorative justice will be discussed in the second part of the note, with specific emphasis on VOD. The third part of the Note will explore how the criminal system has used VOD, beginning with low-level crimes and then exploring how VOD has been applied to serious and violent crimes. This Note will then propose the application …
Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger
Regulating Segregation: The Contribution Of The Aba Criminal Justice Standards On The Treatment Of Prisoners, Margo Schlanger
Articles
Over recent decades, solitary confinement for prisoners has increased in prevalence and in salience. Whether given the label "disciplinary segregation," "administrative segregation," "special housing," "seg," "the hole," "supermax," or any of a dozen or more names, the conditions of solitary confinement share basic features: twenty-three hours per day or more spent alone in a cell, with little to do and no one to talk to, and one hour per day or less in a different, but no less isolated, setting-an exercise cage or a space with a shower. Long-term segregation units operated along these lines are extraordinarily expensive to build …
Making Social Rights Conditional: Lessons From India, Madhav Khosla
Making Social Rights Conditional: Lessons From India, Madhav Khosla
Faculty Scholarship
Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …
In Search Of An “Action Principle”, Patrick J. Glen
In Search Of An “Action Principle”, Patrick J. Glen
Human Rights & Human Welfare
In his seminal work on the history of scientific development, Thomas Kuhn described the structure of that development as revolutionary in nature, occurring at that point in time “in which an older paradigm is replaced in whole or in part by an incompatible one.” The impetus for this paradigm shift is malfunction—“scientific revolutions are inaugurated by a growing sense … that an existing paradigm has ceased to function adequately in the exploration of an aspect of nature to which that paradigm itself had previously led the way…. [T]he sense of malfunction that can lead to crisis is prerequisite to revolution.” …
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro
American University Journal of Gender, Social Policy & the Law
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Crimes Without Punishment: Violence Against Women In Guatemala, Karen Musalo, Elisabeth Pellegrin, S. Shawn Roberts
Faculty Scholarship
No abstract provided.
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights, Eugene K. B. Tan
Managing Female Foreign Domestic Workers In Singapore: Economic Pragmatism, Coercive Legal Regulation, Or Human Rights, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
Singapore's immigration discourse is deeply influenced by its need to “right-size” its population. As a society that has and remains in need of immigration, contemporary immigration and globalization have rigorously challenged the conventional thinking and understanding of citizenship, as well as notions of who belongs and who does not. Nevertheless, international marriages and pervasive in-and out-migration for purposes of employment, study, and family, conspire to make more pronounced the decoupling of citizenship and residence in Singapore. This transnational dimension sits uncomfortably with the policy makers' desire for, and the imperatives of, state sovereignty, control, and jurisdiction.Although one quarter of people …
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
Unsex Cedaw: What's Wrong With "Women's Rights", Darren Rosenblum
International & Comparative Law Colloquium Papers
Although the Convention on the Elimination of All Forms of Discrimination against Women (“CEDAW” or the “Convention”) has succeeded in some respects, even its supporters acknowledge broad failures. CEDAW’s weakness draws on the titular mistaken diagnosis: “women” are not the issue&#;gender disparities are. The 1970’s drafting of CEDAW focused on bringing women to their place at the international law table. What’s wrong with women’s rights? In the international context, CEDAW attempts to empower women but fails to respect other gender inequality. As the preeminent treaty on gender inequality, CEDAW cannot succeed in creating gender equality if its scope remains limited …
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Repression And Punishment In North Korea: Survey Evidence Of Prison Camp Experiences, Stephan Haggard, Marcus Noland
Human Rights & Human Welfare
The penal system has played a central role in the North Korean government’s response to the country’s profound economic and social changes. Two refugee surveys—one conducted in China, one in South Korea—document its changing role. The regime disproportionately targets politically suspect groups, particularly those involved in market-oriented economic activities. Levels of violence and deprivation do not appear to differ substantially between the infamous political prison camps, penitentiaries for felons, and labor camps used to incarcerate individuals for misdemeanors, including economic crimes. Substantial numbers of those incarcerated report experiencing deprivation with respect to food as well as public executions and other …
Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart
Sex And Slavery: An Analysis Of Three Models Of State Human Trafficking Legislation, Melynda H. Barnhart
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary
The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sácouto, Katherine Cleary
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin
Attempt, Conspiracy, And Incitement To Commit Genocide, Jens David Ohlin
Cornell Law Faculty Publications
In these brief commentaries to the U.N. Genocide Convention, I explore three criminal law modes of liability as they apply to the international crime of genocide. Part I analyzes attempt to commit genocide and uncovers a basic tension over whether attempt refers to the genocide itself (the chapeau) or the underlying offense (such as killing). Part I concludes that the tension stems from the fact that the crime of genocide itself is already inchoate in nature, since the legal requirements for the crime do not require an actual, completed genocide, in the common-sense understanding of the term, but only a …
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
International Law Studies
No abstract provided.
International Criminal Justice Must Not Only Be Done, It Must Be Seen To Be Done, Rhona Smith
International Criminal Justice Must Not Only Be Done, It Must Be Seen To Be Done, Rhona Smith
Human Rights & Human Welfare
“[U]ntil a time in which the global governance structure is not reliant on states, humanity will continue to fail in its attempt to protect global human rights” (Eric Leonard, June 2008 Roundtable). Discourse across a range of disciplines (e.g. Roundtable comments by Landman in October 2008, and Thomson-Jensen and co-panelists in May 2007), irrespective of the methods of evaluation, conclude that the existing system of “human rights protection” fails those whose rights are heinously violated: millions die annually as a direct result of violations of basic human rights (food, clean water, adequate health); gross and systematic violations of human rights …
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Atrocity Crimes Litigation: 2008 Year-In-Review, Beth Van Schaack
Faculty Publications
This survey of 2008's top developments in these international fora will focus on the law governing international crimes and applicable forms of responsibility. Several trends in the law are immediately apparent. The tribunals continue to delineate and clarify the interfaces between the various international crimes, particularly war crimes and crimes against humanity, which may be committed simultaneously or in parallel with each other. Several important cases went to judgment in 2008 that address war crimes drawn from the Hague tradition of international humanitarian law, and the international courts are demonstrating a greater facility for adjudicating highly technical aspects of this …
The Legal See-Saw: The Rights Of The Sex Offender V. The Perception Of A Safe Community, Brittany E. Kane
The Legal See-Saw: The Rights Of The Sex Offender V. The Perception Of A Safe Community, Brittany E. Kane
Pell Scholars and Senior Theses
The question of how to safely deal with convicted sex offenders upon release from incarceration has been an ongoing hotly-debated topic within American society for decades, with one of the earliest approaches to dealing with these criminals dating back to the 1930s (Petrunik 486). Although it is universally acknowledged that sex crimes are deemed wrong from both the criminal and moral aspect, indecision exists with respect to the constitutionality and effectiveness of current legislation in place for the offenders to maintain rehabilitation and keep neighborhoods safe. Statutes, such as the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration …
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Book Review, Victor Peskin, International Justice In Rwanda And The Balkans: Virtual Trials And The Struggle For State Cooperation (2008), Mark A. Drumbl
Scholarly Articles
Implementation of the law requires strategic cooperation. No surprise there: It does so even in the most taut domestic polity. Law is intrinsically contingent. And political. But what does the particularly acute dependency of international criminal law on political cooperation teach us about its pertinence? Its promise? Its limits? It is one thing to assess the functionality of international criminal law. It is another to gauge the value of international criminal law, when actuated through adversarial trials, in reconstituting shattered communities; and its effectiveness as a tool of transitional justice. At its core, Virtual Trials is an analysis about functionality. …
Peering Into The Judicial Magic Eight Ball: Arbitrary Decisions In The Area Of Juror Removal, 42 J. Marshall L. Rev. 813 (2009), Kimberly Wise
Peering Into The Judicial Magic Eight Ball: Arbitrary Decisions In The Area Of Juror Removal, 42 J. Marshall L. Rev. 813 (2009), Kimberly Wise
UIC Law Review
No abstract provided.
Realizing A Promise: A Case For Ratification Of The Optional Protocol To The Covenant On Economic, Social And Cultural Rights, Jan Kratochvíl
Realizing A Promise: A Case For Ratification Of The Optional Protocol To The Covenant On Economic, Social And Cultural Rights, Jan Kratochvíl
Human Rights Brief
No abstract provided.
Commentary: International Prosecution Of Heads Of State For Genocide, War Crimes, And Crimes Against Humanity, 43 J. Marshall L. Rev. Xxv (2009), Hans Corell
UIC Law Review
No abstract provided.
Book Review, Kavita Kapur