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Full-Text Articles in Law

Solidarity As A Constitutional Value, Tamar Hostovsky Brandes Sep 2021

Solidarity As A Constitutional Value, Tamar Hostovsky Brandes

Buffalo Human Rights Law Review

No abstract provided.


Considering Rehabilitation Of Minors Sentenced In Juvenile Military Courts - Initial Proposals And Thoughts For The Future, Shai Farber, Sharon Rivlin Achai Sep 2021

Considering Rehabilitation Of Minors Sentenced In Juvenile Military Courts - Initial Proposals And Thoughts For The Future, Shai Farber, Sharon Rivlin Achai

Buffalo Human Rights Law Review

No abstract provided.


Access To University Education By Learners With Physical Disabilities: Combating The Barriers, Edwin O. Abuya, Jane W. Githinji Sep 2021

Access To University Education By Learners With Physical Disabilities: Combating The Barriers, Edwin O. Abuya, Jane W. Githinji

Buffalo Human Rights Law Review

No abstract provided.


The Refugees We Are: Solidarity, Asylum, And Critique In The European Constitutional Imagination, Paul Linden-Retek Jun 2021

The Refugees We Are: Solidarity, Asylum, And Critique In The European Constitutional Imagination, Paul Linden-Retek

Journal Articles

This Article aims to reimagine post-national legal solidarity. It does so by bringing debates over Habermasian constitutional theory to bear on the evolving use of mutual recognition and mutual trust in the EU’s Area of Freedom, Security, and Justice (AFSJ), particularly in the context of European asylum law and reforms to the Dublin Regulation. Insofar as critiques of Habermasian “constitutional patriotism” apply to the principle of mutual trust, the Article suggests why post-national solidarity requires fallibilism and dynamic responsiveness that exceed formalized rules of forbearance and respect.

On this revised view, legal solidarity guarantees a particular form of adjudication through …


Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman May 2021

Wild Legalities: Animals And Settler Colonialism In Palestine/Israel, Irus Braverman

Journal Articles

This article examines the underlying biopolitical premises of wildlife management in Palestine/Israel that make, remake, and unmake this region's settler colonial landscape. Drawing on interviews with Israeli nature officials and observations of their work, the article tells several animal stories that illuminate the hierarchies and slippages between wild and domestic, nature and culture, native and settler, and human and nonhuman life in Palestine/Israel. Animal bodies are especially apt technologies of settler colonialism, I show here. They naturalize and normalize settler modes of existence, while criminalizing native livelihoods and relations. Utilizing the terra nullius doctrine, creating biblical landscapes by reintroducing extirpated …


Ideological Exclusion Of Foreigners In Israel And In The United States, Yuval Livnal Jan 2020

Ideological Exclusion Of Foreigners In Israel And In The United States, Yuval Livnal

Buffalo Human Rights Law Review

This article explores the challenge which free speech poses to Israeli immigration policy. It does so, first, by looking into the American immigration policy regarding ideological exclusions, i.e. refusing entry of a foreigner to the U.S., or the deportation of one from it, solely due to the foreigner's ideological belief As discussed in this article, the U.S. Supreme Court has been consistently reluctant to strike down laws and regulations barring entry of foreigners due to their ideological convictions, from the beginning of the previous century, throughout the Cold-War era, and up until the recent upholding of President Trump's travel ban. …


Asylum Under Attack: Is It Time For A Constitutional Right?, Stephen Meili Jan 2020

Asylum Under Attack: Is It Time For A Constitutional Right?, Stephen Meili

Buffalo Human Rights Law Review

No abstract provided.


Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley Jan 2020

Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley

Buffalo Human Rights Law Review

No abstract provided.


Beyond Human Rights: The Legal Status Of The Individual In International Law. By Anne Peters. Cambridge, Uk: Cambridge University Press, 2016. Pp. Xxxv, 602. Index, Tara J. Melish Jul 2019

Beyond Human Rights: The Legal Status Of The Individual In International Law. By Anne Peters. Cambridge, Uk: Cambridge University Press, 2016. Pp. Xxxv, 602. Index, Tara J. Melish

Book Reviews

No abstract provided.


The Right Of All Children To Grow Up With A Family Under International Law: Implications For Placement In Orphanages, Residential Care, And Group Homes, Eric Rosenthal Jan 2019

The Right Of All Children To Grow Up With A Family Under International Law: Implications For Placement In Orphanages, Residential Care, And Group Homes, Eric Rosenthal

Buffalo Human Rights Law Review

This article describes the right of all children to live and grow up in a family as it has evolved thirty years after the adoption of the U.N. Convention on the Rights of the Child (CRC) and since the 2006 adoption of the U.N. Convention on the Rights of Persons with Disabilities (CRPD). The article examines the implications of this right for the millions of children placed in orphanages, residential care, and group homes around the world.

The CRC favors the placement of children with a family, but it does allow for the placement of children in "suitable institutions" when …


Student Publication: Undocumented, Untreated, Unhealthy: How The Expansion Of Fqhcs Can Fill The Gaps Of Basic Healthcare For Undocumented Immigrants, Bethany A. Taylor Jan 2019

Student Publication: Undocumented, Untreated, Unhealthy: How The Expansion Of Fqhcs Can Fill The Gaps Of Basic Healthcare For Undocumented Immigrants, Bethany A. Taylor

Buffalo Human Rights Law Review

No abstract provided.


"Make Sure You Belong!": A Critical Assessment Of Integration Requirements For Residential And Citizenship Rights In Europe, Tamar De Waal Jan 2019

"Make Sure You Belong!": A Critical Assessment Of Integration Requirements For Residential And Citizenship Rights In Europe, Tamar De Waal

Buffalo Human Rights Law Review

No abstract provided.


Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher Jan 2019

Temptation's Page Flies Out The Door: Navigating Complex Systems Of Disability And The Law From A Therapeutic Jurisprudence Perspective, Michael L. Perlin, Mehgan Gallagher

Buffalo Human Rights Law Review

No abstract provided.


Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre Jan 2019

Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre

Buffalo Public Interest Law Journal

No abstract provided.


Cash Rules Everything Around The Money Bail System: The Effect Of Cash-Only Bail On Indigent Defendants In America's Money Bail System, Nicholas P. Johnson Jan 2019

Cash Rules Everything Around The Money Bail System: The Effect Of Cash-Only Bail On Indigent Defendants In America's Money Bail System, Nicholas P. Johnson

Buffalo Public Interest Law Journal

No abstract provided.


The Whole Wide World: Recognizing Jus Cogens Violations Under The Alien Tort Statute, Ursula Tracy Doyle Jan 2018

The Whole Wide World: Recognizing Jus Cogens Violations Under The Alien Tort Statute, Ursula Tracy Doyle

Buffalo Human Rights Law Review

No abstract provided.


Abstraction From The Religious Dimension, Sohail Wahedi Jan 2018

Abstraction From The Religious Dimension, Sohail Wahedi

Buffalo Human Rights Law Review

No abstract provided.


Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia N. Morgan Jan 2018

Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia N. Morgan

Buffalo Human Rights Law Review

No abstract provided.


Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish Sep 2017

Putting “Human Rights” Back Into The U.N. Guiding Principles On Business And Human Rights: Shifting Frames And Embedding Participation Rights, Tara J. Melish

Contributions to Books

Published as Chapter 4 in Business and Human Rights: Beyond the End of the Beginning, Cesar Rodriguez-Garavito, ed.


A Legal Pluralist Approach To The Use Of Cultural Perspectives In The Implementation And Adjudication Of Human Rights Norms, Valeska David, Julie Fraser Jan 2017

A Legal Pluralist Approach To The Use Of Cultural Perspectives In The Implementation And Adjudication Of Human Rights Norms, Valeska David, Julie Fraser

Buffalo Human Rights Law Review

No abstract provided.


No Rest For The Wicked: Civil Liability Against Hotels In Cases Of Sex Trafficking, Gallant Fish Jan 2017

No Rest For The Wicked: Civil Liability Against Hotels In Cases Of Sex Trafficking, Gallant Fish

Buffalo Human Rights Law Review

No abstract provided.


Strength Of Review And Scale Of Response: A Quantitative Analysis Of Human Rights Council Universal Periodic Review On China, Junxiang Mao, Xi Sheng Jan 2017

Strength Of Review And Scale Of Response: A Quantitative Analysis Of Human Rights Council Universal Periodic Review On China, Junxiang Mao, Xi Sheng

Buffalo Human Rights Law Review

No abstract provided.


Modem Day Slavery: A Socio-Legal Analysis Of Slavery-Like Offences In Charismatic Cults, Hava Dayan Jan 2017

Modem Day Slavery: A Socio-Legal Analysis Of Slavery-Like Offences In Charismatic Cults, Hava Dayan

Buffalo Human Rights Law Review

No abstract provided.


The North Korea Human Rights Act: South Korean And International Efforts And The Necessity For The Law, Shinbum Han Apr 2016

The North Korea Human Rights Act: South Korean And International Efforts And The Necessity For The Law, Shinbum Han

Buffalo Human Rights Law Review

No abstract provided.


The Great Sioux Nation V. The "Black Snake": Native American Rights And The Keystone Xl Pipeline, Cindy S. Woods Apr 2016

The Great Sioux Nation V. The "Black Snake": Native American Rights And The Keystone Xl Pipeline, Cindy S. Woods

Buffalo Human Rights Law Review

The Keystone XL Pipeline has been shrouded in controversy almost since its conception. As a structure intending to cross the Canadian border into the United States, the Pipeline must receive presidential approval before construction can commence. Since 2008, TransCanada has at- tempted to obtain this approval unsuccessfully. Criticism against the Pipe- line has focused largely on the negative environmental impacts that will likely accompany its construction and utilization, and it is precisely these environmental concerns that have ultimately stymied presidential approval and made international headlines. In November 2015, the U.S. government denied TransCanada's application, effectively killing the Keystone XL pro- …


Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte Apr 2016

Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte

Buffalo Human Rights Law Review

No abstract provided.


Back To Politics: Lessons From The Crisis Of The Inter-American Commission On Human Rights, Ignacio A. Boulin Victoria Apr 2016

Back To Politics: Lessons From The Crisis Of The Inter-American Commission On Human Rights, Ignacio A. Boulin Victoria

Buffalo Human Rights Law Review

No abstract provided.


Justice Brennan And The Foundations Of Human Rights Federalism, James A. Gardner Jan 2016

Justice Brennan And The Foundations Of Human Rights Federalism, James A. Gardner

Journal Articles

In a well-known and widely cited 1977 law review article, Justice William J. Brennan called on state courts to “step into the breach” and use their authority as independent interpreters of state constitutions to continue on the state level the expansion of individual liberties begun on the national level by the Warren Court. Justice Brennan was right about the importance of independent state constitutional law, but he was wrong about the reason. The benefits of independent state constitutional law have little to do with expanding human rights and everything to do with federalism. The confusion is understandable; both individual rights …


Genocide Denial And The Law: A Critical Appraisal, Paul Behrens Apr 2015

Genocide Denial And The Law: A Critical Appraisal, Paul Behrens

Buffalo Human Rights Law Review

Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.


Aiding Transitional Justice In Solomon Islands, Nicole Dicker Apr 2015

Aiding Transitional Justice In Solomon Islands, Nicole Dicker

Buffalo Human Rights Law Review

Overall in Solomon Islands, foreign aid donors have neither engaged effectively with transitional justice itself nor leveraged transitional justice in support of broader development outcomes. Transitional justice in Solomon Islands responds to the five-year period of violent civil conflict, the Tensions, which devastated the Pacific Island nation of Solomon Islands from 1998 to 2003. The Tensions resulted in the deaths of an estimated 200 people and left some 35,000 people displaced; many suffered abductions, illegal detentions, torture and ill-treatment, sexual violence, and property violations. To remedy past human rights abuses, several transitional justice measures have been implemented in Solomon Islands, …