Digital Commons Network^™

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

California Propositions 62 & 66 As Misguided Models For The Capital Punishment Debate: The Argument For The Inclusion Of Catholic Social Teaching And Other Religious Denominations In The Discussion And A Proposed Solution, Cornelius V. Loughery

Journal of Legislation

No abstract provided.

International Coverage, Human Rights Brief

Human Rights Brief Spring 2017 Regional Coverage

No abstract provided.

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Spring 2017 Regional Coverage

No abstract provided.

Property Rights And Freedom: The Keys To Improving Life In Indian Country, Adam Crepelle, Walter E. Block

Washington and Lee Journal of Civil Rights and Social Justice

American Indians are at the bottom of nearly every indicator of welfare and have been since the founding of the United States. The present paper focuses on but two of the causal agents: lack of private property rights and a dearth of economic freedom. Although addressing these issues will not solve all of Indian country’s problems, strengthening property rights and improving economic freedom will generate opportunities for American Indians to improve their economic and social well-being. This recommendation is easy to implement and aligns well with tribal culture pre-contact.

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2017 Regional Coverage

No abstract provided.

The Role Of Legal Advocates In Transnational Judicial Dialogue: The Abolition Of The Mandatory Death Penalty And The Evolution Of International Law, Andrew Novak

Cardozo Journal of International and Comparative Law

The article examines the role of transnational legal citation and advocacy in shaping constitutional norms, particularly in the context of the death penalty. It argues that lawyers and human rights advocates are driving a global consensus against the mandatory death penalty by strategically citing international and foreign jurisprudence. This process highlights the interplay between domestic and international law, demonstrating how transnational legal discourse can influence law reform and the abolition of practices deemed cruel and degrading.

Amnesty For Even The Worst Offenders, Jay Butler

Faculty Publications

In recent years, global policy makers have declared that heads of state must be held accountable through criminal prosecution for internationally wrongful acts. Scholars too have insisted that the international system’s embrace of accountability excludes or renders illegal the granting of amnesty. This Article argues that that position is too narrow and uses the ongoing conflict in Syria, as well as other contemporary examples, to examine some of consequences of the clamor for prosecution.

The Article rejects the binary juxtaposition of amnesty and accountability in current international legal scholarship, and instead seeks to broaden the terms of the conversation by …

Response To The Influence Of Exile: Three Stories, Bill Quigley

Maryland Law Review Online

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture …

Contorting Common Article 3, Michael A. Newton

Vanderbilt Law School Faculty Publications

This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article 3 to encompass members of the same armed group who commit criminal acts against one another.' In particular, the Revised Commentary fails to address the due process ramifications of an enlarged Common Article 3, even as the development of the text documented by the readily available negotiating record warrants an alternative understanding. Lastly, the ICRC position could indicate a radical shift in the very design of the …

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Cracking The Toughest Nut: Colombia's Endeavour With Amnesty For Political Crimes Under Additional Protocol Ii To The Geneva Conventions, Marie-Claude Jean-Baptiste

Notre Dame Journal of International & Comparative Law

After years of negotiations, the Colombian government and the Revolutionary Armed Forces of Colombia have reached an unprecedented peace agreement. The agreement, rooted in transitional justice, contains a strong and nuanced focus on political amnesty for rebel forces. The scope and nature of the agreement has garnered international attention and praise. Of particular interest is whether the amnesty provision under the peace agreement is compatible with international law. This legal brief tracks the contours of existing international law on amnesty for political crimes—specifically under Additional Protocol II to the Geneva Conventions—to analyze this compatibility. The conclusion is that all relevant …

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …

Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny

San Diego Law Review

Congressional gridlock does more than frustrate the populace; it has far-reaching effects, particularly for human rights abuses. From Ferguson, Missouri to Flint, Michigan, government abuses of power and civil rights violations increasingly concern those within the United States. Existing executive bodies, although able to investigate, lack the political power to force Congress to act to remedy these abuses and neither Congress nor state legislatures have offered any solutions. In response, activists have begun to approach international bodies such as the United Nations to voice their concerns, which has also allowed them to re-characterize their plights as human rights issues. If …

Detention By Armed Groups Under International Law, Andrew Clapham

International Law Studies

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.

Vulnerable Persons In Custody, Russell C. Gabriel, Jamie Roberts, Rachel Grossman, Leanne Purdum

Working in the Public Interest Conferences

Vulnerable persons face numerous issues when they enter custody. Panelists will cover prison, jail, and detention center issues with a focus on individuals who may be particularly vulnerable in these settings, including LGBTQ persons, undocumented persons, and those living in poverty. Moderated by Russell Gabriel.

A Treaty On Enforcing Human Rights Against Business: Closing The Loophole Or Getting Stuck In A Loop?, Pierre Theilbörger, Tobias Ackermann

Indiana Journal of Global Legal Studies

This Article takes a human rights law perspective on the issue of enforcing corporate social responsibility. While corporations receive a variety of rights under international law, they do not equally hold a corresponding set of duties. The Article assesses the merits and shortcomings of existing initiatives to bridge this gap, in particular the Special Representative to the Secretary-General's (legally nonbinding) Framework and Guiding Principles, as well as the most recent initiative at the United Nations Human Rights Council on developing a (legally binding) treaty on business and human rights. While emphasizing that existing legal frameworks-such as human rights law, international …

Crimmigration-Counterterrorism, Margaret Hu

Scholarly Articles

The discriminatory effects that may stem from biometric ID cybersurveillance and other algorithmically driven screening technologies can be better understood through the analytical prism of “crimmigration-counterterrorism”: the conflation of crime, immigration, and counterterrorism policy. The historical genesis for this phenomenon can be traced back to multiple migration law developments, including the Chinese Exclusion Act of 1882. To implement stricter immigration controls at the border and interior, both the federal and state governments developed immigration enforcement schemes that depended upon both biometric identification documents and immigration screening protocols. This Article uses contemporary attempts to implement an expanded regime of “extreme vetting” …

The President's Role In Advancing Criminal Justice Reform, Barack Obama

United States Department of Justice: Publications

Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and …

Segregation, Violence, And Restorative Justice: Restoring Our Communities, 50 J. Marshall L. Rev. 487 (2017), Michael Seng

UIC Law Review

This article will explain why restorative justice is an effective remedy in resolving the social and economic problems that plague our communities. A narrow approach will not succeed. Restorative justice solutions require participation by the entire community; nothing less will work.

Autonomy And Accountability: Why Informed Consent, Consumer Protection, And Defunding May Beat Conversion Therapy Bans, Melissa Ballengee Alexander

Faculty Articles

No abstract provided.

Missouri*@!!?*@! - Too Slow, Mae Quinn

Journal Articles

When asked to share my thoughts at this symposium about contemporary human rights issues in domestic criminal law—and how they manifest in St. Louis, Missouri in particular—I could not help but think of these words. Nina Simone, the brilliant vocal artist and civil rights activist, wrote these lyrics over fifty years ago and then bravely and controversially sang them for a mostly-white audience at New York City’s Carnegie Hall following the 1963 shooting death of Medgar Evers.2 Evers was a military veteran who turned civil rights activist and organizer for the National Association for the Advancement of Colored People (“NAACP”) …

Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois

Michigan Journal of International Law

In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …

Restorative Justice And The Value Of Victims, Offenders, And A Cloud Of Witnesses, 50 J. Marshall L. Rev. 451 (2017), Jeanne Bishop

UIC Law Review

No abstract provided.

Comments: Immigration And Modern Slavery: How The Laws Of One Fail To Provide Justice To Victims Of The Other, Shannon E. Clancy

University of Baltimore Law Review

On the first Sunday in February, Americans across the country look forward to the game of the year—the Super Bowl. Most sports fans would likely compare the anticipation and excitement of this game to that of a young child waking up on Christmas morning. This game brings in thousands of supporters to the host city each year and draws millions of television viewers. With the flashy lights, spirited fans, and debuting commercials, this game would appear to be the highlight of any person’s day. But looking behind the scenes, that is not always the case. This vast crowd also appeals …

Keynote Speaker Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley

University of the Pacific Law Review

No abstract provided.

Notes On Joint Criminal Enterprise Before The International Criminal Tribunal For The Former Yugoslavia, Fausto Pocar

University of the Pacific Law Review

No abstract provided.

Linguistic And Cultural Diversity In Interntational Criminal Justice: Toward Bridging The Divide, Leigh Swigart

University of the Pacific Law Review

No abstract provided.

The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller

University of the Pacific Law Review

No abstract provided.