Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 178
Full-Text Articles in Law
Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun
Breast Ironing: Analyzing The Rights Of The Girl-Child In The Context Of Cameroon’S Obligation Under International Human Rights Law, Olusola Babatunde Adegbite, Olaitan Oluwaseyi Olusegun
Buffalo Human Rights Law Review
Among the various forms of sexual violence perpetrated against the girl-child, breast ironing remains largely obscured due to its underreporting. Yet thousands of girls, especially in Sub-Saharan Africa where it is most prevalent, continue to suffer in silence. These girls are not just exposed to the immediate violence of this act, but they also carry the scar of this human rights violation for life. With the scholarly focus on the practice rather scant, the necessary legal response has also been checkmated. The goal of this article is to bring international focus to this problem by examining the practice in the …
Life Without Parole: An Eighth Amendment Analysis, Alexis Dicarlo
Life Without Parole: An Eighth Amendment Analysis, Alexis Dicarlo
Buffalo Human Rights Law Review
This Article will analyze the constitutionality of life without parole under the U.S. Supreme Court’s test for categorical bans on sentencing practices. This article first addresses the cruelty of prison and how that affects individuals with life sentences specifically. Next, it will analyze life without parole under the Supreme Court’s Eighth Amendment analysis, starting with examining evolving standards of decency. In doing so, this article will address how the U.S. operates with respect to sentencing compared to the rest of the world. Importantly, it will engage in a culpability analysis, following the Supreme Court’s logic, that ultimately favors abolition of …
Addressing Root Causes: The Need For Ex-Ante Regulation In Business And Human Rights, Vidhya Karnamadakala
Addressing Root Causes: The Need For Ex-Ante Regulation In Business And Human Rights, Vidhya Karnamadakala
Buffalo Human Rights Law Review
With the rise of mandatory human rights due diligence (HRDD) laws across various jurisdictions, governments are turning to regulatory tools to tackle the transnational challenges of business and human rights. Yet, the dominant focus on an ex-post standard such as mandatory HRDD may not adequately address the root causes of rights abuses in commercial activities. The individualized ex-post enforcement model which underpins HRDD has limited potential to address the systemic infrastructure of exploitative business practices. The upstream purchasing and contracting practices which lead to human rights violations in supply chains are overlooked, and even reinforced, in such a model. Without …
Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave
Hate Speech, Historical Oppressions, And European Human Rights, Eva Nave
Buffalo Human Rights Law Review
Today, around 5 billion people communicate through the Internet. While the benefits of online communication are undeniable, we also witness the proliferation of online hate speech, often associated with an increase in offline violence. Internet intermediaries and public bodies have developed frameworks to counter online hate speech. However, current frameworks lack a standardized approach to the conceptualization of hate speech. Some conceptualizations are overbroad, and others are underinclusive; overbroad because they lead to the removal of legal content (e.g. removal tools deleting legal content posted by marginalized communities), and underinclusive as the context of posts by linguistic minorities is often …
The Forgotten: Nyc And School Segregation, Deja Graham
The Forgotten: Nyc And School Segregation, Deja Graham
Buffalo Human Rights Law Review
School segregation is an issue of the past and present. Generations of Black and Brown Americans have attended schools that were inadequate and unequal to their white counterparts. This inequity in access to quality education has caused issues with diversity in professional fields, like the medical and legal fields. The lack of diversity in these fields are the results of decades of school segregation due to the government’s failure to eradicate the dual system of education. Since the landmark case of Brown v. Board of Education, little progress has been made in providing Black and Brown children in metropolitan cities …
Solidarity As A Constitutional Value, Tamar Hostovsky Brandes
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
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
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.
Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley
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.
Ideological Exclusion Of Foreigners In Israel And In The United States, Yuval Livnal
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
Asylum Under Attack: Is It Time For A Constitutional Right?, Stephen Meili
Buffalo Human Rights Law Review
No abstract provided.
Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre
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
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.
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
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.
"Make Sure You Belong!": A Critical Assessment Of Integration Requirements For Residential And Citizenship Rights In Europe, Tamar De Waal
"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.
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
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.
The Whole Wide World: Recognizing Jus Cogens Violations Under The Alien Tort Statute, Ursula Tracy Doyle
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
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
Caged In: The Devastating Harms Of Solitary Confinement On Prisoners With Physical Disabilities, Jamelia N. Morgan
Buffalo Human Rights Law Review
No abstract provided.
A Legal Pluralist Approach To The Use Of Cultural Perspectives In The Implementation And Adjudication Of Human Rights Norms, Valeska David, Julie Fraser
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.
Strength Of Review And Scale Of Response: A Quantitative Analysis Of Human Rights Council Universal Periodic Review On China, Junxiang Mao, Xi Sheng
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
Modem Day Slavery: A Socio-Legal Analysis Of Slavery-Like Offences In Charismatic Cults, Hava Dayan
Buffalo Human Rights Law Review
No abstract provided.
No Rest For The Wicked: Civil Liability Against Hotels In Cases Of Sex Trafficking, Gallant Fish
No Rest For The Wicked: Civil Liability Against Hotels In Cases Of Sex Trafficking, Gallant Fish
Buffalo Human Rights Law Review
No abstract provided.
Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte
Justice In Dire Straits: Unlawful Pretrial Detainees, Family Members And Legal Remedies, Danushka S. Medawatte
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
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
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- …
Back To Politics: Lessons From The Crisis Of The Inter-American Commission On Human Rights, Ignacio A. Boulin Victoria
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.
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
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.
Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka
Human Rights In Nigeria's External Relations: Exigency, Methods, And Rebuttable Objections, Philip C. Aka
Buffalo Human Rights Law Review
No abstract provided.