Law Commons^™

Intergovernmental Organizations, Andrea Flynn-Schneider

Human Rights Brief

No abstract provided.

Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman

Contributions to Books

Chapter 6 of Research Handbook on Human Rights and Humanitarian Law

In the wake of the September 11, 2001 attacks in the United States, the US, with the assistance of its coalition partners – all parties to various human rights instruments – initiated the so-called ‘war on terror’ by invading Afghanistan, where their armed forces killed or captured hundreds of ‘terrorist suspects’. Some of those detained were taken to the US military facility at Guantanamo Bay, Cuba, while others have languished in US custody in Afghanistan. These actions raise the question whether a State is bound by its human rights …

Moving From Principles To Rights: Rio 2012 And Access To Information, Public Participation, And Justice, David Banisar, Sejal Parmar, Lalanath De Silva, Carole Excell

Sustainable Development Law & Policy

No abstract provided.

Precautionary Measures Of The Inter-American Commission On Human Rights: Legal Status And Importance, Diego Rodríguez-Pinzón

Human Rights Brief

No abstract provided.

Is Ecuador That Wrong?: Analyzing The Ecuadorian Proposals Concerning The Special Rapporteurship On Freedom Of Expression Of The Inter-American Commission On Human Rights, Oswaldo R. Ruiz-Chiriboga

Human Rights Brief

No abstract provided.

Perpetual Injustice: The Twenty-Year Battle For Reparations In Peru, Aida Faverio, Anna Naimark

Human Rights Brief

No abstract provided.

Intergovernmental Organizations, Frank Knaack

Human Rights Brief

No abstract provided.

Crashing The Misdemeanor System, Jenny M. Roberts

Articles in Law Reviews & Other Academic Journals

With “minor crimes” making up more than 75% of state criminal caseloads, the United States faces a misdemeanor crisis. Although mass incarceration continues to plague the nation, the current criminal justice system is faltering under the weight of misdemeanor processing.

Operating under the “broken windows theory,” which claims that public order law enforcement prevents more serious crime, the police send many petty offenses to criminal court. This is so even though the original authors of the theory noted that “[o]rdinarily, no judge or jury ever sees the persons caught up in a dispute over the appropriate level of neighborhood order” …

Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Kiobel v. Royal Dutch Petroleum (Shell), a long-running Alien Tort Statute (ATS) case brought by Nigerian plaintiffs alleging aiding and abetting liability against various multinational oil companies for human rights violations of the Nigerian government in the 1990s, including a non-US Shell corporation, first came before the US Supreme Court in the 2011-2012 term, following a sweeping Second Circuit holding that there was no "liability for corporations" under the ATS. In oral argument, however, several Justices asked a different question from corporate liability: noting that the case involved foreign plaintiffs, foreign defendants, and conduct taking place entirely on foreign sovereign …

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melisa C. Loomis

Project on Addressing Prison Rape - Articles

This article examines a profession where women have made great strides—corrections. Using an equality framework, corrections and other non-traditional professions were the first targets of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than men to …

Fifty State Survey Of Criminal Laws Prohibiting Sexual Abuse Of Individuals In Custody, Brenda V. Smith

The Project on Addressing Prison Rape - Surveys

This document provides information regarding enacting state, statute number, statute title, coverage, definition and notes, penalties, and defenses (if given) for criminal laws prohibiting sexual abuse of inmates by staff.

Panel Iv: Challenges To Proving Cases Of Torture Before The Committee Against Torture, Juan E. Mendez

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Should Public Buildings Be Used For Worship, Stephen Wermiel

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Owning Justice And Reckoning With Its Complexity, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

A series of developments, both doctrinal and political, seem to signify a retreat from earlier innovations in the law and practice of international justice. On closer examination, however, recent developments in international justice cannot be reduced to a single trend line. Even as various actors and processes continue to work out the ground rules for exercising jurisdiction in respect of human rights violations that international law condemns as criminal, and as international and national courts work through the inherently challenging project of redressing mass atrocities, states have increasingly internalized, owned and acted on the principle that they should ensure accountability …

The Geography Of The Battlefield: A Framework For Detention And Targeting Outside The 'Hot' Conflict Zone, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

The U.S. conflict with al Qaeda raises a number of complicated and contested questions regarding the geographic scope of the battlefield and the related limits on the state’s authority to use lethal force and to detain without charge. To date, the legal and policy discussions on this issue have resulted in a heated and intractable debate. On the one hand, the United States and its supporters argue that the conflict — and broad detention and targeting authorities — extend to wherever the alleged enemy is found, subject to a series of malleable policy constraints. On the other hand, European allies, …

Introduction, Claudio Grossman

Human Rights Brief

No abstract provided.

To Strengthen Human Rights, Change The Oas (Not The Commission), Santiago A. Canton

Human Rights Brief

No abstract provided.

U.S. Exceptionalism And The Strengthening Process Of The Inter-American Human Rights System, Francisco J. Rivera Juaristi

Human Rights Brief

No abstract provided.

The Role Of The Inter-American Commission And Court Of Human Rights In The Protection Of Human Rights: Achievements And Contemporary Challenges, Mónica Pinto

Human Rights Brief

No abstract provided.

How Best To Strengthen The Inter-American Commission And Court, Viviana Krsticevic

Human Rights Brief

No abstract provided.

The Legacy And Current Challenges Of The Inter-American Commission On Human Rights, Jorge E. Taiana

Human Rights Brief

No abstract provided.

Regions, Ernesto Alvarado, Diana Damschroder, Alyssa Antoniskis, Gabriel Auteri, Anusree Garg, Emily Singer Hurvitz, Christa Elliott, Tyler Addison

Human Rights Brief

No abstract provided.

Criminal Courts And Tribunals, Tracy French, Megan Wakefield, William Xu, Alli Assiter

Human Rights Brief

No abstract provided.

Regional Human Rights Systems, Brittany West, Antonia Latsch, Jessica Alatorre

Human Rights Brief

No abstract provided.

Intergovernmental Organizations, Frank Knaack

Human Rights Brief

No abstract provided.

Reflections On Uruguayan Law No. 18831 A Year After Its Enactment, Felipe Michelini

Human Rights Brief

No abstract provided.

Defining Myanmar's "Rohingya Problem", Benjamin Zawacki

Human Rights Brief

No abstract provided.

Identity And The Sexual Minority Refugee: A Discussion Of Conceptions And Preconceptions In The United Kingdom And Ireland, Samantha K. Arnold

Human Rights Brief

No abstract provided.

Stealing The Islands Of Chagos: Another Forgotten Story Of Colonial Injustice, Claire Grandison, Seema Niki Kadaba, Andy Woo

Human Rights Brief

No abstract provided.

Coverage Of The 147th Period Of Sessions Of The Inter-American Commission On Human Rights, Claudia Abasto

Human Rights Brief

No abstract provided.