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Full-Text Articles in Law

Indigenous Communities In Peru And The Peruvian Nation State, Jenna Rose Scanlon May 2012

Indigenous Communities In Peru And The Peruvian Nation State, Jenna Rose Scanlon

Honors College Theses

In today’s society there are indigenous communities that live and thrive the way that their ancestors did. These people try and maintain their culture while modern society tries to impose their beliefs and practices on them. Peru is a country that is quickly developing and westernizing. These indigenous communities in Peru are considered citizens but do not receive the rights that are granted to them by their constitutions. They have their land unlawfully seized, they are forced into menial jobs where they are abused and exploited, they do not receive adequate education if any, and they are excluded from the …


Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi Apr 2012

Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi

Dissertations & Theses

The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …


Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green Jan 2012

Imagining A Right To Housing, Lying In The Interstices, Shelby D. Green

Elisabeth Haub School of Law Faculty Publications

This article explores whether the philosophical and constitutional predicates for the recognition of a right to housing exist in some form in our nation’s jurisprudence and political order. Part II traces the evolution of the concept of “rights” from that embraced by the country’s founders to the present, how such a right to housing would fit within the dialogue of property rights, the notion of ownership, and the interest in liberty. Part III discusses the historical role of the court in protecting housing. Part IV discusses the notion of protecting rights to housing under existing equal protection and due process …