Law Commons^™

Human Rights Laws And Authorship Norms, Roberta Rosenthal Kwall

Mitchell Hamline Law Review

No abstract provided.

A Class Action Lawsuit For The Right To A Minimum Education In Detroit, Carter G. Phillips

Northwestern Journal of Law & Social Policy

No abstract provided.

Charter Rights, State Expertise: Testing State Claims To Expert Knowledge, Emma Cunliffe

All Faculty Publications

This article considers the individual and collective significance of two decisions issued by the Supreme Court of Canada in 2018: Ewert v. Canada and R. v. Gubbins.

Elusive Justice: Reflections On The Tenth Anniversary Of Afghanistan's Law On Elimination Of Violence Against Women, Mehdi J. Hakimi

Northwestern Journal of Human Rights

The Taliban’s fall in 2001 elevated hopes for improving the plight of women and girls in Afghanistan. Those aspirations were bolstered with the promulgation of the country’s landmark Law on the Elimination of Violence against Women (EVAW) in 2009. The tenth anniversary of Afghanistan’s EVAW Law, however, offers little cause for celebration. This essay examines Afghanistan’s legal framework on combating gender-based violence against women, and the mounting challenges on the ground. The ongoing rampant violence against women, pervasive use of mediation in criminal cases, and violations perpetrated by State agents have made Afghan women’s quest for justice increasingly more elusive. …

Paradox Of Hierarchy And Conflicts Of Values: International Law, Human Rights, And Global Governance, Jootaek Lee

Northwestern Journal of Human Rights

In an international society, hierarchies are set up differently among different countries and societies based on different values, which are naturally conflicting and colliding with each other and result in unstable conditions. Is hierarchy really necessary in an international society? Does more hierarchical order in international society mean more peace? Do we need a supranational organization like the European Union whose laws can pierce state sovereignty and bind citizens of each member state? Does the United Nations need to be reformed to create an effective hierarchy, which will give international society more peace, security, and protection of human rights? This …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Plant-Based Diets And Covid-19: Those Who Harvest Crops Are At High Risk, Jarret S. Lovell

Animal Sentience

This commentary extends Wiebers & Feigin’s (2020) plea to adopt diets that are less dependent on animals by calling on experts and activists to work for change with regard to farm worker labor conditions. Already doing among the most dangerous jobs, farmworkers are at increased risk of COVID-19. As we increasingly transition to plant-based diets, we must all ensure that farmworkers have safe and just working conditions to meet the demands of our changing diets.

Our Trade Law System, Kathleen Claussen

Articles

No abstract provided.

Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Covid-19 And Lgbt Rights, Suzanne B. Goldberg

Faculty Scholarship

Even in the best of times, LGBT individuals have legal vulnerabilities in employment, housing, healthcare and other domains resulting from a combination of persistent bias and uneven protection against discrimination. In this time of COVID-19, these vulnerabilities combine to amplify both the legal and health risks that LGBT people face.

This essay focuses on several risks that are particularly linked to being lesbian, gay, bisexual, or transgender, with the recognition that these vulnerabilities are often intensified by discrimination based on race, ethnicity, age, disability, immigration status and other aspects of identity. Topics include: 1) federal withdrawal of antidiscrimination protections; 2) …

Copyright Exceptions Across Borders: Implementing The Marrakesh Treaty, Laurence R. Helfer, Molly K. Land, Ruth L. Okediji

Faculty Scholarship

This article reviews state ratification and implementation of the Marrakesh Treaty since its conclusion in 2013. We find that most states have adhered closely to the Treaty’s text, thus creating a de facto global template of exceptions and limitations that has increasingly enabled individuals with print disabilities, libraries and schools to create accessible format copies and share them across borders. The article argues that the Marrakesh Treaty’s core innovation—mandatory exceptions to copyright to promote public welfare—together with consultations with a diverse range of stakeholders, may offer a model for harmonising human rights and IP in other contexts.

The Legalization Of Restorative Justice: A Fifty-State Empirical Analysis, Thalia González

Utah Law Review

This Article addresses the increasing formal legal nature of restorative justice in the United States. Over the last three decades, a substantial body of research has demonstrated the ways in which restorative justice offers an alternative societal response to crime and harm. It has also examined how restorative justice empowers individuals and groups to address violence, respond to social, political and economic injustice, and engage in resistance to existing structural inequities. Yet a prominent gap in the field exists: a comprehensive theoretical and empirical examination of the codification of restorative justice in state law. Studies of this nature are essential …

Dismantling “Dilemmas Of Difference” In The Workplace, Rangita De Silva De Alwis, Sarah Heberlig, Lindsay Holcomb

All Faculty Scholarship

Over the course of six months, the University of Pennsylvania Carey Law School’s class “Women, Law, and Leadership” interviewed 55 women between the ages of 25 and 85, all leaders in their respective fields. Nearly half of the women interviewed were women of color, and 10 of the women lived and worked in countries other than the U.S., spanning across Europe, Africa, and Southeast Asia. Threading together the common themes touched upon in these conversations, we gleaned a number of novel insights, distinguishing the leadership trajectories pursued by women who have risen to the heights of their professions. Through thousands …

Paradigm Perplexities: Does International Humanitarian Law Or International Human Rights Law Govern The Gaza Border Protests Of 2018-2019, & What Are The Consequences? A Response To The Supreme Court’S Opinion In Yesh Din V. Idf Chief Of Staff (Hcj 3003/18), Anthony Carl

Articles

In March 2018, thousands of Gazan citizens mobilized for a mass protest movement at the border with the State of Israel that endured for more than a year and a half, ending in late 2019. By February 2019, the IDF’s response to these protestors resulted in 189 deaths and 23,313 injuries to Gazan Palestinian protestors. Upon hearing challenges to the IDF’s rules of engagement brought by a number of human rights groups, the Israeli Supreme Court ruled in HCJ 3003/18 Yesh Din v. IDF Chief of Staff that the IDF’s response was proper under the law enforcement paradigm of international …

Human Trafficking Victims' Need For Vacatur: Demolishing Roadblocks To Freedom: An Analysis Of The Current State Laws In The United States, The Current Federal Landscape, And A Call For The United Nations To Amend An Existing Protocol To Allow Victims Of Human Trafficking To Vacate Their Criminal Records, Melissa Owens

American University Journal of Gender, Social Policy & the Law

No abstract provided.

The Chumash Heritage National Marine Sanctuary: An Exploration Of Changing The Discourse On Conservation, Arielle Ben-Hur

Pitzer Senior Theses

In 2015, the Northern Chumash Tribal Council submitted a National Marine Sanctuary Nomination to establish the Chumash Heritage National Marine Sanctuary– a means by which to ensure the protection of one of the most culturally and biologically diverse coastlines in the world. On October 5, 2015, John Armor of the National Oceanic and Atmospheric Administration (NOAA) responded to the nomination, adding it to the inventory of areas NOAA may consider in the future for national marine sanctuary designation.

In my thesis, I explore how the nomination of the Chumash Heritage National Marine Sanctuary acts as a platform from which Traditional …

The Weaponization Of Poverty: An Investigation Into United States Military Recruitment Practices In High Schools Of Low-Income Communities In The Inland Empire, Michael Springer-Gould

Pitzer Senior Theses

Military recruitment in the United States is a highly contentious subject that has yielded a multitude of prior research across a variety of academic concentrations. To further the conversation, I narrow my focus to Southern California’s Inland Empire (IE) to explore practices of military recruitment in high schools that serve students in low-income communities. I begin with a general overview of life and labor in the Inland Empire before moving into prior research on military recruitment. My empirical research consists of five in-depth interviews documenting the lived experiences of individuals hailing from and attending high school in low-income communities of …

Imbalanced Progress On The Implementation Of Anti Domestic Violence Law In China, Hao Yang, Feng Yuan

Human Rights Brief

No abstract provided.

Special Coverage

Human Rights Brief

No abstract provided.

Inter-American System Coverage

Human Rights Brief

No abstract provided.

When In Conflict: Guaranteeing The Right To Education In India, Sanskriti Sanghi

Human Rights Brief

No abstract provided.

Prosecuting Offenders For Rape Committed In Armed Conflict: Interrogating The Accountability Of The Nigerian State, Caroline Omochavwe Oba

Human Rights Brief

No abstract provided.

Universal Protocol For Investigative Interviewing And Associated Safeguards: Taking Jordan As An Example, Lubna N. Nasser

Human Rights Brief

No abstract provided.

Indigenous Peoples’ Rights In Russian North: Main Challenges And Prospects For Future Development, Ruslan Garipov

Human Rights Brief

No abstract provided.

Student Columns

Human Rights Brief

No abstract provided.

Strengthening The Right To Know Through Truth And Reconciliation Commissions, Tracey B.C. Begley

Human Rights Brief

No abstract provided.

Inter-American Commission On Human Rights Response To Covid-19, Julio A. Sanchez

Human Rights Brief

No abstract provided.

The Risks Of Criminalizing Covid-19 Exposure: Lessons From Hiv, Naomi K. Seiler, Anya Vanecek, Claire Heyison, Katherine Horton

Human Rights Brief

No abstract provided.