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Articles 1 - 20 of 20
Full-Text Articles in Law
Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat
Verboten: Forbidden Homeschooling In Germany And Its Conflict With International Religious Freedom., Jacob A. Aschmutat
Jacob A Aschmutat
Germany maintains strict compulsory education laws that prevent families from educating their children at home. Germany strictly enforces these laws, with little regard to the families’ incentives to remove their children from the public schools. As such, these laws contain no exemption for families interested in homeschooling for religious purposes. The absence of such an exemption seems to contradict the internationally recognized right to religious freedom, a right concretely granted through three international treaties that Germany has both signed and ratified. Several decisions by the European Court of Human Rights give little to no credence to the notion of religious …
The Right To Read, Lea Shaver
The Right To Read, Lea Shaver
Lea Shaver
Reading – for education and for pleasure – may be framed as a personal indulgence, a moral virtue, or even a civic duty. What are the implications of framing reading as a human right?
Although novel, the rights-based frame finds strong support in international human rights law. The right to read need not be defended as a “new” human right. Rather, it can be located at the intersection of more familiar guarantees. Well-established rights to education, science, culture, and freedom of expression, among others, provide the necessary normative support for recognizing a universal right to read as already implicit in …
Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe
Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe
Nicholas A Wolfe
International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.
Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within a targeted …
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Denying Freedom Rather Than Securing The Country: National Security Is Undermined By Laws Governing Battered Immigrants, Eve Tilley-Coulson
Eve Tilley-Coulson
Relief for battered immigrants is not an obvious national security matter per se, yet remedies are enacted in conjunction with stringent interpretations of immigration law, as though victims pose a security threat. Discrepancies exist between the immigration laws themselves—which attempt to secure the United States from disease, violence, and illegal activity—and the loopholes found within remedies under these laws, unnecessarily removing victims and perpetuating a cycle of fear and abuse. This paper addresses how relief for battered immigrants, when implemented with the priority of protecting national security and immigration legislation, creates and perpetuates negative societal consequences. The economic and societal …
Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks
Post-Conflict Justice In The Aftermath Of Modern Slavery, Roy L. Brooks
Roy L. Brooks
Abstract
Modern slavery is defined as human exploitation over a period of time effectuated through coercion, fraud or trickery. An estimated 12.3 million people worldwide are held in some form of modern slavery, including forced labor, bonded labor, forced child labor, and sexual servitude. Children and women bear the brunt of modern slavery. Divided into three stages—trafficking, exploitation, and post-conflict—modern slavery has attracted much scholarly interest in recent years. However, relatively little scholarly attention has been given to the post-conflict stage. This article attempts to initiate such discussion by drawing upon the reparative framework crafted in the years since the …
"First, Do No Harm:" Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
"First, Do No Harm:" Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
Joshua L. Root
The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force which are facial violations of the UN Charter but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article applies the Vienna Convention on …
The Obligation To Investigate Ill-Treatment Of Persons With Disabilities: The Way Forward, Janos Fiala-Butora
The Obligation To Investigate Ill-Treatment Of Persons With Disabilities: The Way Forward, Janos Fiala-Butora
Janos Fiala-Butora
No abstract provided.
A Ripening Obligation: The Responsibility To Protect International Human Rights In States Of Recent Occupation, Benjamin K. Grimes
A Ripening Obligation: The Responsibility To Protect International Human Rights In States Of Recent Occupation, Benjamin K. Grimes
Benjamin K Grimes
The United Nations has described State unwillingness to address extra-territorial human rights abuses as a failure of “civic courage … at the highest level.” That view is consistent with a trend in international jurisprudence on the issue of State responsibility for respecting and protecting human rights. In line with these opinions, this article examines the arc of international understanding of human rights responsibilities to identify the proper path for U.S. military operations. It proposes specific practical solutions to guide the United States in recognizing not only its joint legal responsibility for protecting human rights in post-occupation situations (as in Afghanistan), …
A Legal Standard For Post-Colonial Land Reform, Amelia Peterson
A Legal Standard For Post-Colonial Land Reform, Amelia Peterson
Amelia Peterson
This article proposes a legal standard for the design of post-colonial land redistribution policies. It confronts the complex interface between the need for land reform to alleviate land pressure in many developing countries, and the importance of upholding the idea of property. Regardless of which side of the post-colonial milieu we most quickly sympathize with, human rights law removes the tendency to seek out the victim by framing its language in terms of the homo sapien, not one particular race, gender, or economic status. It is in the interest of the various stakeholders enmeshed in post-colonial land imbalance debates and …
Christianity In China: Maintaining Social Order Trumps Religious Freedom, Tina M. Trunzo-Lute
Christianity In China: Maintaining Social Order Trumps Religious Freedom, Tina M. Trunzo-Lute
Tina M Trunzo-Lute
China is a powerful country with a population of 1.3 billion and the world’s second largest economy. While China excels in many areas, it lacks in providing religious freedom to its citizens. China has a few safeguards in place for religious believers, including the ratification of the ICESCR and provisions in its constitution. However, the inconsistent application of the safeguards and the government’s ultimate goals of furthering socialism and maintaining social order inhibit Christians in China from having the ability to freely and openly practice their religion without fear of persecution. This fear has thrust millions of Christians into illegal …
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
The Human Rights Council And The Convergence Of Humanitarian Law And Human Rights Law, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article examines and challenges the assumption that the Human Rights Council can and ought to address violations of international humanitarian law. Though envisaged as the main guardian of human rights within the United Nations system, the Human Rights Council views its mandate as encompassing both human rights and international humanitarian law. This extension of its mandate to humanitarian law is not entirely surprising, given the close relationship between IHL and human rights law. Yet, a comparison with other human rights bodies shows that the Council has gone further and with less caution than any other human right body called …
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Yasmine Ergas
In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned, stateless and parentless.” States have tried to address the individual dramas through ad hoc solutions – issuing emergency entry documents for children caught at borders or compelling administrative authorities to recognize birth certificates related to surrogacy arrangements that run counter to domestic …
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Babies Without Borders: Human Rights, Human Dignity And The Regulation Of International Commercial Surrogacy, Yasmine Ergas
Yasmine Ergas
In recent decades, a robust international market in commercial reproductive surrogacy has emerged. But, as German citizens Jan Balaz and Susan Lohle discovered when they struggled to engineer the last-minute diplomatic compromise that saved their commissioned twins from becoming wards of the Indian state, conflicts among legal frameworks have placed the children born at risk of being “marooned, stateless and parentless.” States have tried to address the individual dramas through ad hoc solutions – issuing emergency entry documents for children caught at borders or compelling administrative authorities to recognize birth certificates related to surrogacy arrangements that run counter to domestic …
Incorporating Social Justice Concerns Into The New Law And Development Movement: The Importance Of Insolvency Law, Julia M. Davis Ms.
Incorporating Social Justice Concerns Into The New Law And Development Movement: The Importance Of Insolvency Law, Julia M. Davis Ms.
Julia M Davis Ms.
This paper focuses on insolvency law as an underutilized area for incorporating social justice concerns into legal reform projects in developing countries. Insolvency is an area of law that already plays a large role in legal development projects and is especially suited for incorporating social justice concerns because of its ability to redistribute wealth and safeguard vulnerable interests. In arguing that insolvency law should be better exploited by social justice advocates this paper briefly reviews the history and literature surrounding the “Legal Development Movement” (LDM) and discusses the responsibilities of development agencies to incorporate social justice concerns into economically-focused legal …
Overcoming The Unfortunate Legacy Of Haditha, The Stryker Brigade “Kill Team”, And Pantano: Establishing More Effective War Crimes Accountability By The United States, Alan F. Williams
Alan F. Williams
In the years since September 11, 2001 U.S. personnel have been implicated in many incidents involving possible war crimes as defined by the Geneva Conventions. The author critically examines the current U.S approach to handling war crimes and concludes that the process is fundamentally flawed and has repeatedly produced unjust outcomes, particularly in a series of high profile cases that have greatly damaged the position of the U.S. in the international community. The author concludes that not only has the U.S. lost the respect of the international community, but has also simultaneously increased the likelihood that U.S. personnel who serve …
Immigration Detention & Human Rights In The Lone Star State, Liane N. Noble
Immigration Detention & Human Rights In The Lone Star State, Liane N. Noble
Liane N Noble
Every year, almost 400,000 individuals are held in immigration detention in the United States. These individuals—men, women, and even children—are held in a patchwork of federal, local, and private contract facilities. Surprisingly, one-third of all U.S. immigration detention beds are located in the state of Texas. Given the concentration of detention space in Texas and thus the unique issues facing that state, this report seeks to elucidate the key human rights issues surrounding immigration detention with a focus on the situation in Texas.
The information contained in this report was gathered using a variety of research methods, including: (1) review …
The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel
The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel
Guy P Hamilton-Smith
Felony disenfranchisement – the exclusion of individuals convicted of felonies from the voting rolls – is a practice that is commonplace in the United States. In 2010, approximately 5.3 million Americans were ineligible to vote because of a prior felony conviction. Despite the fact that the justifications for disenfranchisement in a democratic society could be characterized as dubious, disenfranchisement has withstood various legal challenges and remains a widespread practice in almost every state. One argument which has never been examined empirically is the notion that disenfranchisement hampers efforts to rehabilitate offenders, which is what this article does. First, this article …
Torture, Customary International Law, Promulgative Articulation, And Jus Cogens: Why And How Some United States Government Conduct Violates International And United States Law, Christopher L. Blakesley
Torture, Customary International Law, Promulgative Articulation, And Jus Cogens: Why And How Some United States Government Conduct Violates International And United States Law, Christopher L. Blakesley
Christopher L. Blakesley
This essay exposes the confusion over the meaning of customary international law and jus cogens that infests the writing of many international jurists, including scholars, and judges, especially those from the Common Law world. The essay shows how the essential idea behind customary international law, especially jus cogens in relation to crime is basic and easy to grasp, although some scholars claim that it is impenetrable. On the edges, of course, there is valuable disputation over nuance and the breath of the concepts. At bottom, however, the essence of the concepts is as basic as the deepest and most dearly …
Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott
Moral And Legal Dilemma: A Legal Analysis Of The Criticisms Leveled Against Arizona Sb 1070, Michael K. Marriott
Michael K Marriott
The Support Our Law Enforcement and Safe Neighborhoods Act, more commonly known as Arizona SB 1070, is a recently passed bill targeting unlawful immigration. Touted to be the strongest piece of immigration legislation passed in America's recent history, the bill has come under fire on state, national, and international levels.
This paper begins by setting the stage for why SB 1070 was passed, and what legislators sought to accomplish. It then provides a basic overview of the bill, with an emphasis towards its more controversial aspects. From there it groups together certain classes of criticisms that have been publicly leveled …
Stateless, Jay Milbrandt
Stateless, Jay Milbrandt
Jay Milbrandt
Traveling to Southeast Asia to research human trafficking, I encountered scores of “stateless” women and children—citizens of no country and wanted by no country. By operation of law, they were denied citizenship. Left stateless, these individuals quickly became vulnerable to human rights abuses, exploitation, and trafficking.
The United Nations estimates that as many as 12 million people worldwide are victims of statelessness. From South East Asia to the Middle East, Africa and Eastern Europe, denial of citizenship takes form as both a failure of law and tool for oppression.
Fortunately, this problem was solved before. After World War I, Europe …