Law Commons^™

Framing Israel: The U.N. Commission Of Inquiry On The Spring 2018 Gaza Border Confrontations, Peter Margulies, Geoffrey S. Corn

Law Faculty Scholarship

No abstract provided.

What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave

Publications

On International Women’s Day, with women facing challenges on equal pay, reproductive rights, sexual harassment and violent sexual assault, the topic of sudden, forced and unwanted kisses initially seems trivial, unworthy of consideration. However, Alva Johnson’s recent civil complaint against Donald Trump for kissing her on the side of her mouth, raises the question of whether such conduct should be criminal in the United States.

Innovative Financing Solutions For Community Support In The Context Of Land Investments, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Communities affected by agricultural, forestry, and other resource investments urgently need increased funding for legal and technical support. Without support, communities risk losing access to critical land and resources, suffering human rights violations, or missing opportunities to benefit from investments. A lack of community support can also lead to conflict and challenges that are damaging for companies and host governments.

Donors and support providers have found ways to finance support for communities, but such efforts can only extend so far. Promising new opportunities exist for filling the financing gap, yet they will require sustained efforts by a range of actors. …

Popular Versus Elite Democracies And Human Rights: Inclusion Makes A Difference, Devin K. Joshi, J. S. Maloy, Timothy M. Peterson

Research Collection School of Social Sciences

Scholarly research generally finds that democratic governments are more likely to respect human rights than other types of regimes. Different human rights practices among long-standing and affluent democracies therefore present a puzzle. Drawing from democratic theory and comparative institutional studies, we argue more inclusive or "popular" democracies should enforce human rights better than more exclusive or "elite" democracies, even in the face of security threats from armed conflict. Instead of relying on the Freedom House or Polity indexes to distinguish levels of democracy, we adopt a more focused approach to measuring structures of inclusion, the Institutional Democracy Index (IDI), which …

Unequal Enforcement Of The Law: Targeting Aggressors For Mass Atrocity Prosecutions, Nancy Amoury Combs

Faculty Publications

It is a central tenet of the laws of war that they apply equally to all parties to a conflict. For this reason, a party that illegally launches a war benefits from all the same rights as a party that must defend against the illegal aggression. Countless philosophers have shown that this so-called equal application doctrine is morally indefensible and that defenders should have more rights and fewer responsibilities than aggressors. The equal application doctrine retains the support of legal scholars, however, because they reasonably fear that applying different rules to different warring parties will substantially reduce overall compliance with …

Assigning Protection: Can Refugee Rights And State Preferences Be Reconciled?, James C. Hathaway

Articles

The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries – predominantly very poor – hosting more than half of the world’s refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world’s refugees stuck in “protracted refugee situations” for decades with their lives on hold. Both concerns – the unprincipled allocation of responsibility based on accidents of geography and the desperate need for greater attention to resettlement as a core protection response – cry out for a global, managed system to protect refugees.

Gendering Islamophobia To Better Understand Immigration Laws, Catherine Dauvergne

All Faculty Publications

This paper examines two recent developments in immigration law in Western liberal democracies: security exclusions and forced marriage provisions. It aims to consider how both of these settings are influenced by a pernicious Islamophobia and by gender. And, of course, by the intersection that creates a gendered version of Islamophobia. The overarching aim of the work is to consider whether and how human rights arguments are likely to be effective in immigration law. The work proceeds by developing the ideas of ‘unknowability’ and ‘unintelligibility’ as two ways to describe how Western law responds to Islam, and in so doing, contributes …

Advancing Racial Justice And Human Rights: Rights-Based Strategies For The Current Era, Human Rights Institute

Human Rights Institute

On June 1, 2018, the Human Rights Institute convened its 15th annual CLE Symposium on Human Rights in the United States, a signature event of the Human Rights Institute’s Bringing Human Rights Lawyers’ Network. The day-long event brought together more than 150 leading U.S. lawyers, activists, and academics, along with federal and local government representatives to share strategies to advance racial justice within a domestic and global context increasingly hostile to human rights.

This report highlights key takeaways and themes from the Symposium, drawing from speakers’ remarks and their advocacy. It also serves as a basic human rights primer, describing …

Red Mining: Mining And The Right To Water In Porgera, Papua New Guinea, Human Rights Clinic, Advanced Consortium On Cooperation, Conflict And Complexity (Ac4)

Human Rights Institute

The Porgera Joint Venture (PJV) gold mine in the highlands of Papua New Guinea (PNG) has been one of the world’s highest producing gold mines over the course of its quarter-century history, and has accounted for a considerable percentage of PNG’s economic income. Yet many Porgeran residents live in deplorable conditions and feel trapped by the mine. Where they once farmed vegetables and collected fresh water from natural streams, they now see ever-expanding waste dumps. For years, security guards at the mine physically abused many residents, including sexually assaulting and gang-raping Porgeran women. 3 Residents feel the earth shake with …

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves

Faculty Scholarship

The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …

The Justice System Is Criminal, Raven Delfina Otero-Symphony

2020 Award Winners

No abstract provided.

Bridging The Information Gap: How Access To Land Contracts Can Serve Community Rights, Lara Wallis, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Land contracts (also known as investor-state contracts, or concession agreements) show what commitments a forestry, farming or renewable energy company has made and what the government has said the company can do on the land. These promises define the positive and harmful effects the company’s project could have on community members’ livelihoods and human rights, and on the environment.

Accessing land contracts is a crucial strategy for local organizations. This briefing note explains how local organizations can use land contracts and the Open Land Contracts repository (OpenLandContracts.org) to help communities to:

• Understand company and government obligations related to a company …

Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues, Cheryl Page

Journal Publications

Society and our criminal justice system place a value on victims and defendants. We manifest this valuation in how we mete out punishment, how we choose who will be stopped, frisked, searched, arrested, charged, given probation, have charges dismissed and even expunged. We show the worth we place in people by the fact that 95% of elected prosecutors are white males and they have control and say over a jail and prison population that is increasingly People of Color.

Disparities In The Use Of Prophylactic Treatments In Reproductive Health Between The Sexes: A Recommendation For The Use Of Hpv Vaccination Schemes Rather Than Surgical Interventions To Reduce Inequities And Threats To The Public's Health, Paul J. Mclaughlin

Library Faculty Publications

On the issue of prophylactic treatment of reproductive diseases, the sexes have historically been treated differently under medical ethics guidelines and the laws of the United States. Women have drawn the focus of medical and legal scrutiny on issues of prophylactic reproductive health. Women were often required to undergo quarantine and forced to recieve treatment for reproductive diseases considered dangerous to public health. Women are now afforded protections against involuntary prophylactic procedures to prevent diseases in reproductive organs. Specifically, women are provided access to vaccinations against the human papillomavirus at a higher rate than males despite the disease's ability to …

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sacouto, Patricia Viseur Sellers

Articles in Law Reviews & Other Academic Journals

On June 8, 2018, a majority of the Appeals Chamber of the International Criminal Court (ICC) reversed the conviction of former military commander Jean-Pierre Bemba for the crimes against humanity of rape and murder and the war crimes of rape, murder, and pillaging committed by his troops in the Central African Republic (CAR) between October 2002, and March 2003. The decision was clearly a disappointment for the victims of the crimes committed by Bemba’s troops, who have been waiting for more than fifteen years for a measure of justice. Significantly, the acquittal also means that sixteen years after the Rome …

Dog Whistles And Beachheads: The Trump Administration, Sexual Violence, And Student Discipline In Education, Nancy Chi Cantalupo

Law Faculty Research Publications

No abstract provided.

Human Pipeline To The Continental United States: Puerto Rico’S Trafficking Of A Vulnerable Population As A Violation Of The Right To Health (2019), Sarah Dávila A.

UIC Law White Papers

No abstract provided.

Submission To The U.N. Human Rights Committee In Relation To The List Of Issues Of The United States Concerning The Unsafe Dumping And Mismanagement Of Coal Ash In Puerto Rico, Sarah Dávila A.

UIC Law White Papers

The IHRC has investigated the human rights abuses arising out of the environmental injustices imposed on communities in the southern municipalities of Puerto Rico that represent violations of international human rights, and specifically of the International Covenant on Civil and Political Rights (“ICCPR”). Since 1994, Applied Energy Systems (“AES”), a private American energy company, has been responsible for continued coal ash contamination of the southern coastal region of Puerto Rico.[i] AES coal-fired power plants in Puerto Rico have released toxic amounts of coal ash into the air and water, negatively impacting air quality and drinking water for residents in …

Rethinking The Individual In International Law, Chiara Giorgetti

Law Faculty Publications

The acceptance of the individual as a subject of international law has been gradual and asymmetrical. Individuals have become international law subjects in their own rights in some international legal areas, including human rights and international criminal law. This affords individuals substantive rights and obligations, as well as procedural rights. In most legal areas, however, individuals acquired substantive rights, but not direct procedural rights. In those instances, individuals need the filter of a nationality to enforce their claim and remedy in international proceedings. This Article criticizes the nationality-based approach and argues that there are better and alternative ways to provide …

The Right To Migrate: A Human Rights Response To Immigration Restrictionism In Argentina, David C. Baluarte

Scholarly Articles

Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South America, a continent that has taken progressive steps towards recognizing the human rights of migrants in recent years. Until Macri’s 2017 Decree, Argentina was considered a leader in this regard, with its 2004 immigration law that boldly codified a “right to migrate” and included robust substantive and …

Improving Human Rights Compliance In Supply Chains, Kishanthi Parella

Scholarly Articles

Corporations try to convince us that they are good global citizens: “brands take stands” by engaging in cause philanthropy; CEOs of prominent corporations tackle a variety of issues; and social values drive marketing strategies for goods and services. But despite this rhetoric, corporations regularly fall short in their conduct. This is especially true in supply chains where a number of human rights abuses frequently occur. One solution is for corporations to engage in meaningful human rights due diligence that involves monitoring human rights, reporting on social and environmental performance, undertaking impact assessments, and consulting with groups whose human rights they …

Book Review, Marcos Zunino, Justice Framed: A Genealogy Of Transitional Justice (2019), Mark A. Drumbl

Scholarly Articles

Transitional justice initiatives, broadly speaking, respond to systematic human rights abuses. These initiatives take multiple shapes and forms. This means that the actual practice of transitional justice is diverse and organic. Transitional justice discourse, however, is aspirational, normative and selective. It is less heterogeneous and far more directive. Marcos Zunino’s eye-opening book, Justice Framed, is about gaps between narrative discourse and tangible practice. It is about the effects of discourse on practice. More pointedly, Justice Framed is about how discourse ‘surfaces’ certain kinds of practices of the past while sidelining and ignoring others. Hence, to come full circle, this book …

Call For Proposals 2019: The Social Practice Of Human Rights, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

2019 marks 30 years since the end of the Cold War and the beginning of an era pregnant with promise and potential for human rights, democracy, and global governance.

Yet today, global capitalism drives widening and deepening inequalities. Its dependence on natural resource extraction and exploitation is hastening ecological collapse. Authoritarianism and populism have risen from the rubble of liberalism’s inability to deliver on its pledges. Technology, once promoted as a panacea for transnational boundary breaking and democratization, further empowers the powerful to reshape politics and upend notions of privacy, social life, information, employment, and even biology.

Critics have questioned …

Beyond Samuel Moyn's Countermajoritatian Difficulty As A Model Of Global Judicial Review, James T. Gathii

Faculty Publications & Other Works

This Article responds to Samuel Moyn's critique of judicial review and his endorsement of judicial modesty as an alternative. By invoking the countermajoritarian difficulty, Moyn argues that judicial overreach has become an unwelcome global phenomenon that should be reexamined and curbed. I reject Moyn's claim that this kind of judicial modesty should define the role of courts for all time. By applying the countermajoritarian difficulty beyond its United States origins, Moyn assumes it is an unproblematic baseline against which to measure the role of courts globally. Moyn's vision says nothing about when it would be appropriate for courts to rule …

October 1, 2019 Broadcast: 'The Rohingya Genocide', Rebecca Hamilton

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The New Social Contracts In International Supply Chains, David Snyder

Articles in Law Reviews & Other Academic Journals

This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …

Trump’S Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne F. Lindgren

Faculty Works

A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question …

Mass Atrocities And Their Prevention, Charles H. Anderton, Jurgen Brauer

Economics Department Working Papers

Counting conservatively, and ignoring physical injuries and mental trauma, data show about 100 million mass atrocity-related deaths since 1900. Occurring in war and in peacetime, and of enormous scale, severity, and brutality, they are geographically widespread, occur with surprising frequency, and can be long-lasting in their adverse effects on economic and human development, wellbeing, and wealth. As such, they are a major economic concern. This article synthesizes very diverse and widely dispersed theoretical and empirical literatures, addressing two gaps: a “mass atrocities gap” in the economics literature and an “economics gap” in mass atrocities scholarship. Our goals are, first, for …