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South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker Mar 2013

South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker

Rachael Whitaker

South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …


Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus Jan 2013

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus

ILSA Journal of International & Comparative Law

At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.


Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma Dec 2012

Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma

Dr. Saumya Uma

This paper discusses the atrocities committed by police officials belonging to a Joint Special Task Force (JSTF) established by the state governments of Tamil Nadu and Karnataka in India to capture Veerappan – a well-known forest brigand. The paper traces the widespread use of torture, inhuman and degrading treatment, extra-judicial killings and enforced disappearances of persons from poor and underprivileged communities living on the borders of Satyamangalam forest in this context. It analyzes the atrocities through the lens of international legal standards as well as Indian criminal law. It critically evaluates the responses of Indian state and democratic institutions, including …


Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma Dec 2012

Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma

Dr. Saumya Uma

The article advocates an integration of victims' rights within the Indian legal framework, to be balanced with the rights of the accused and standards of fair trial.
In the first part, the article discusses international norms and standards related to three aspects of victims' rights: protection, participation and reparations.
In the second part, the article discusses existing statutory law, judicial interpretations and recommendations / reports / policies for law reform in India, with regard to each of the three aspects of victims' rights.
The third part of the article discusses the challenges faced when integrating a victims' perspective within the …