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Full-Text Articles in Law

2022-2023 Impact Series - Modern Slavery And Human Trafficking Resource Guide, Amy An Jan 2023

2022-2023 Impact Series - Modern Slavery And Human Trafficking Resource Guide, Amy An

Impact Series Study Guides

Modern Slavery and Human Trafficking Resource Guide: A guide to Impact Series events and the topic of modern slavery and human trafficking.


Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya Dec 2022

Is "Guatemalan Women" A Viable Particular Social Group For Asylum Petitions? Circuit Split Between The United States Courts Of Appeal For The Ninth And Third Circuits, Jazmin Moya

Refugee Law & Migration Studies Brief

No abstract provided.


The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell Dec 2022

The Distinction Between Refugee Populations In Lebanon: A Look Into Lebanon's Treatment Of Palestinian Refugees Since 1948 Versus Its Treatment Of Syrian Refugees Since 2011, Mia Bodell

Refugee Law & Migration Studies Brief

No abstract provided.


The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan Dec 2022

The European Union Agency For Asylum: A Promising Improvement Or Vestige Of The European Asylum Support Office?, Alexandra Tarzikhan

Refugee Law & Migration Studies Brief

No abstract provided.


Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla Dec 2022

Local Human Rights Governance To Advance Migrants' Rights, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.


Letter From The Editor, Isabella Zink Dec 2022

Letter From The Editor, Isabella Zink

Refugee Law & Migration Studies Brief

No abstract provided.


Korean Comfort Women: State Immunity And Inter-State Negotiations, Dimitris Liakopoulos Dec 2022

Korean Comfort Women: State Immunity And Inter-State Negotiations, Dimitris Liakopoulos

Indonesian Journal of International Law

This study aims to analyze the situation of comfort women and the acquired jurisprudence, as well as a comparison regarding slavery and the protection of human rights at the international level. It also examines the protection of human rights, international responsibility, crimes committed with impunity, interstate agreements, state immunity, victim reparation, and international jurisprudence. A comparative method was used to analyze tribunal sentences at the International Court of Justice (ICJ) or the national level of Italian constitutional law. However, international responsibility is important because it helps to protect slavery and human rights. The argument of comfort women includes the right ...


The Impact Of Reservations To Cedaw On Women’S Rights In Malaysia, Brunei And Indonesia, Ayu Nanda Saraswati Anak Agung Dec 2022

The Impact Of Reservations To Cedaw On Women’S Rights In Malaysia, Brunei And Indonesia, Ayu Nanda Saraswati Anak Agung

Indonesian Journal of International Law

Substantive (religious-based) reservations towards CEDAW have been made by states. Unfortunately, this type of reservations can also have a negative effect on women’s rights. This paper intends to examine the reservation system in CEDAW, state practices and the legal consequences of reservations in general and the rights of women, particularly in South East Asia, namely Malaysia, Brunei and Indonesia. This normative research uses a statutory, conceptual and comparative legal approach. The results show that States tend to object religious-based reservations because this type of reservations is against the object and purpose of the treaty. Whereas under international law, States ...


Speculations On Criminal Justice Mechanisms To Address The North Korean Regime's Human Rights Violations: Icc, Ad Hoc Tribunals, Or Something Else?, Yun Ju Kang Nov 2022

Speculations On Criminal Justice Mechanisms To Address The North Korean Regime's Human Rights Violations: Icc, Ad Hoc Tribunals, Or Something Else?, Yun Ju Kang

Ohio Northern University Law Review

No abstract provided.


Rising From The Dead: A Jurisprudential Review Of Recent Cemetary And Human Rights Cases, Mary Catherine Joiner, Ryan M. Seidemann Nov 2022

Rising From The Dead: A Jurisprudential Review Of Recent Cemetary And Human Rights Cases, Mary Catherine Joiner, Ryan M. Seidemann

Ohio Northern University Law Review

No abstract provided.


Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan Nov 2022

Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan

مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL

Technology has cast its shadow on us in most aspects of our lives and nothing has escaped its grip even human intelligence. Human intelligence now has a major rival known as "artificial intelligence" (AI). The main question is can machines think like humans?!

Since AI involves, in part, the dispensation with humans, then it is a matter that affects human rights, regardless of the manifestations, consequences or even scope of this dispensation.

Accordingly, this study has several problems to tackle: 1) the absence of adequate binding national and international provisions governing AI, 2) AI systems involve changing the way businesses ...


Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham Nov 2022

Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham

International Law Studies

This article aims at elucidating the human rights of conscientious objectors to military service and offers detailed substantive guidance for protecting their rights vis-à-vis armed non-State actors and de facto authorities. Persons who live in territory controlled by armed groups or de facto authorities often face human rights protection gaps, for example their freedom of conscientious objection may not be recognized or fully implemented. This article analyzes the practice by international human rights mechanisms in their engagement with de facto authorities in Afghanistan (Taliban), Cyprus (northern part), the Republic of Moldova (Transnistrian region), and Azerbaijan (Nagorno-Karabakh region), along with the ...


International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel Oct 2022

International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel

West Virginia Law Review

No abstract provided.


On Account Of Youth: Winning Asylum For Children, Linda Kelly Oct 2022

On Account Of Youth: Winning Asylum For Children, Linda Kelly

University of Cincinnati Law Review

No abstract provided.


U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin Oct 2022

U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin

Alpenglow: Binghamton University Undergraduate Journal of Research and Creative Activity

After the Korean War in 1950, the Cold War expanded to Asia transitioning from purely economic aid in Europe from the Marshall Plan, to direct military intervention then to covert military operations under the Eisenhower Administration in Indonesia. The focus of this research is on the United States military intervention through covert military operations from 1950-66 and details the evolution of foreign policy in Indonesia from the economic aid to supplying names of PKI insurgents to be slaughtered. With the general research questions of How did CIA interference through covert military operations in Indonesia highlight a shift in CIA intervention ...


Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden Oct 2022

Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Masthead Oct 2022

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever, Marc Bookman Oct 2022

Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever, Marc Bookman

Washington and Lee Journal of Civil Rights and Social Justice

The concept of lynching, several hundred years old and unclear in its origins, has never really left the lexicon. The word itself, however, has taken on different meanings over the years, from a mob’s taking the law into its own hands, to an organized utilization of racial violence as a means of societal control and intimidation; and finally to the more casual and defensive use of the word (“high tech lynching”) by current Supreme Court justices Thomas and Kavanaugh and others after being questioned about their past behaviors. Many academics have opined that the modern system of capital punishment ...


Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan Oct 2022

Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan

Washington and Lee Journal of Civil Rights and Social Justice

Virginia’s abolition of the death penalty in 2021 was a historic development. As both a southern state and one of the country’s most active death penalty jurisdictions, Virginia’s transition away from capital punishment represented an important shift in the national landscape. This article considers whether that shift has any constitutional significance, focusing on the effect of Virginia’s abolition on the geographical arbitrariness of the country’s death penalty.

As a starting point, the death penalty in America is primarily regulated by the Eighth Amendment, which bars “cruel and unusual punishments.” The United States Supreme Court has ...


Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll Oct 2022

Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll

Washington and Lee Journal of Civil Rights and Social Justice

The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the ...


Table Of Contents Oct 2022

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri Oct 2022

Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines copyright formalities through a race conscious lens and concludes that further change is necessary given the legacy of economic inequality that communities of color experience. It examines the history of copyright formalities in the United States and the disenfranchisement of Black musical creators through the theft of their intellectual property. In exploring the relationship between race, wealth, and musical copyright protection this Note explains why considering the economic inequality is relevant to ensure copyright protection for Black creators. This Note proposes abolishing the registration timeline for certain remedies and altering the filing fee structure of the copyright ...


It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey Oct 2022

It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey

Washington and Lee Journal of Civil Rights and Social Justice

In July 2020, the New York Times published an article on a Department of Justice report detailing the systematic abuse of incarcerated individuals by prison guards within the State of Alabama’s Department of Corrections. This report evidences the challenges faced by incarcerated individuals seeking to vindicate their Eighth Amendment rights. In a legal sense, those individuals who turn to the court system for relief face an almost insurmountable burden of proof. This Note begins by surveying the history of excessive force claims under the Fourth, Eighth, and Fourteenth Amendments, as well as deliberate indifference claims under the Eighth and ...


Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle Oct 2022

Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle

Washington and Lee Journal of Civil Rights and Social Justice

Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court’s decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state ...


Colorblind Capture, Jonathan Feingold Oct 2022

Colorblind Capture, Jonathan Feingold

Faculty Scholarship

We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.

The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed ...


Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers Sep 2022

Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers

Online Publications

This memorandum supports the Free Yezidi Foundation’s (FYF) filing in the Lafarge Case concerning allegations of complicity in crimes against humanity, including genocide. The Lafarge Corporation continuously operated its factory and, moreover, financially contributed to the Islamic State of Iraq and al-Sham (IS, ISIS, Daesh) between 2013 and 2014, inclusive of the period between 3 August 2014 and 19 September 2014. During those weeks, and represented in a timeline annexed to this memorandum, international and French media, international organizations, and governments extensively reported on and condemned IS acts committed against the Yezidi population that could constitute crimes against humanity ...


Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes Sep 2022

Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes

Shorter Faculty Works

Massachusetts officials say Florida may have broken the law by transporting 50 Venezuelan immigrants to Martha’s Vineyard on September 14.

Rachel Rollins, US Attorney for the District of Massachusetts, says she’s reviewing whether the unannounced transport violated laws against human trafficking, coercion, or other crimes. Lawyers and aid workers on the Vineyard report that the immigrants were lied to about jobs and housing awaiting them in Massachusetts, about landing in Boston, and about having to register their new addresses with federal citizenship and immigration officials.


Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love Sep 2022

Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love

The International Journal of Ecopsychology (IJE)

If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and ...


Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr, Mari Galloway Sep 2022

Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr, Mari Galloway

Dalhousie Law Journal

Climate change is expected to have an unprecedented impact on human migration and displacement over the next decade. Individuals forced to migrate on the basis of climate change or natural disasters remain, however, on the periphery of international and domestic environmental and refugee protections. Teitiota, a landmark decision by the UN Human Rights Committee (the Committee) in 2020 could, however, point the way toward filling these legal gaps by using the principle of non-refoulement under human rights law to prevent the deportation of those whose lives are at risk. As such, this paper seeks to explore the application of Teitiota ...


Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire O. Finkelstein, Harvey Rishikof Sep 2022

Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire O. Finkelstein, Harvey Rishikof

Faculty Scholarship at Penn Carey Law

In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists ...