Law Commons^™

The Opioid-Dependent Criminal: Improving The Criminal Justice System To Account For Their Needs, Courtney Priolo

Courtney E Priolo

Over the past twenty-five years national concern over the drug-crime relationship has been increasing. This increase has led to growth of criminal justice penalties as opposed to therapeutic approaches such as medication-assisted treatment, resulting in an expansion of the drug-involved criminal justice population. Individuals who are opioid-dependent are vulnerable at the time of arrest, and at the time of their initial detention due to their chemical dependence and impairment of their neurocognitive functioning. The denial of medication to inmates in order to alleviate withdrawal symptoms is stigmatizing, punishing, and potentially life-threatening. This article argues that medication-assisted treatment for the criminal …

Emerging Limitations On The Rights Of The Child: The U.N. Convention On The Rights Of The Child And Its Early Case Law, Jonathan Todres

Jonathan Todres

No abstract provided.

A Child Rights Framework For Addressing Trafficking Of Children, Jonathan Todres

Jonathan Todres

No abstract provided.

Mainstreaming Children's Rights In Post-Disaster Settings, Jonathan Todres

Jonathan Todres

In recent years, major natural disasters — ranging from the 2004 Indian Ocean tsunami to the 2010 Haiti earthquake — have challenged the global community to ensure the survival and well-being of millions of individuals under the most difficult circumstances. Each of these natural disasters has created crisis spots with huge numbers of displaced individuals, including many children. The international community has struggled to deliver the resources needed to ensure a prompt and full recovery. In these settings, the challenges confronting children are particularly acute. Yet frequently children are marginalized and underserved by disaster response and reconstruction efforts. This symposium …

Rights Relationships And The Experience Of Children Orphaned By Aids, Jonathan Todres

Jonathan Todres

The global AIDS pandemic has left more than fifteen million children orphaned. These children constitute one of the most vulnerable populations, yet their situation has received relatively little scrutiny from legal scholars. This Article intends to fill that void by explicating the experience of children orphaned by AIDS, situating it in the broader context of the HIV/AIDS pandemic, and evaluating protections available under international human rights law. Analyzing human rights law as applied to children orphaned by AIDS exposes the extent to which rights are interrelated, particularly for marginalized populations. In current scholarship, the interrelationship among rights, for the most …

The U.S. View Of The Convention On The Rights Of The Child - Time For Reconsideration, Jonathan Todres, Howard Davidson

Jonathan Todres

No abstract provided.

Is There No Redemption For Children?, Jonathan Todres

Jonathan Todres

No abstract provided.

A Person's A Person: Children's Rights In Children's Literature, Jonathan Todres, Sarah Higinbotham

Jonathan Todres

Although the Convention on the Rights of the Child is the most widely ratified human rights treaty in history, children’s rights are still seen in many circles as novel and quaint ideas but not serious legal theory. The reality, however, is that the realization of children’s rights is vital not only for childhood but for individuals’ entire lives. Similarly, although the books children read and have read to them are a central part of their childhood experience, so too has children’s literature been ignored as a rights-bearing discourse and a means of civic socialization. We argue that children’s literature, like …

Widening Our Lens: Incorporating Essential Perspectives In The Fight Against Human Trafficking, Jonathan Todres

Jonathan Todres

In 2000, the international community formally launched the modern movement to combat human trafficking with the United Nations' adoption of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime (Trafficking Protocol). With the Trafficking Protocol, the international community created a new cornerstone upon which to build a global initiative to combat this modem form of slavery. As the first major international treaty on human trafficking in half a century, the Trafficking Protocol represented a significant step forward. One hundred forty-seven countries are now party to the …

Health And Human Rights, Jonathan Todres

Jonathan Todres

No abstract provided.

Punishment For Unjust War: First International Court Decision Awarding Damages For Aggression, Allen E. Shoenberger

Allen E Shoenberger

The Decisions of the European Court of Human Rights Cyprus v. Turkey, both the merits decision in 2001 and the just satisfaction decision in 2014 establish important precedents in international law and stand as a caution to potential aggressor states.

Combating Terrorism With The Alien Terrorist Removal Court, Jonathan Yu

Jonathan Yu

No abstract provided.

The Curious Criminality Of Mass Atrocity: Diverse Actors, Multiple Truths, And Plural Responses, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Future Of Polyamorous Marriage: Lessons From The Marriage Equality Struggle, Hadar Aviram, Gwendolyn Manriquez Leachman

Hadar Aviram

Amidst the recent legal victories and growing public support for same-sex marriage, numerous polyamorous individuals have expressed interest in pursuing legal recognition for marriages between more than two consenting adults. This Article explores the possibilities that exist for such a polyamorous marriage equality campaign, in light of the theoretical literature on law and social movements, as well as our own original and secondary research on polyamorous and LGBT communities. Among other issues, we examine the prospect of prioritizing the marriage struggle over other forms of nonmarital relationship recognition; pragmatic regulative challenges, like taxation, healthcare, and immigration; and how law and …

Female Genital Mutilation And Designer Vaginas In Britain: Crafting An Effective Legal And Policy Framework, Lisa Avalos

Lisa Avalos

The prevalence of female genital mutilation (FGM) in Britain and Europe has grown in recent years as a result of international migration, and European institutions have grown increasingly concerned with eradicating the practice. According to the European Parliament, approximately 500,000 girls and women living in Europe have undergone FGM and are suffering with the lifelong consequences of the procedure, and more than 30,000 girls in Britain are thought to be at risk of future FGM. Although Britain strengthened its law against FGM in 2003, the number of girls at risk continues to grow, and there have been no convictions for …

A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg

Peter J Honigsberg

No abstract provided.

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …

Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay

Jihan A Kahssay

No abstract provided.

Does Customary International Law Obligate States To Extradite Or Prosecute Individuals Accused Of Committing Crimes Against Humanity?, Eveylon Cw Mack

Eveylon CW Mack

The effort to establish a Convention on Crimes Against Humanity (CAH) has gained support at the U.N. International Law Commission. Proponents of a CAH Convention assert that the lack of a treaty addressing inter-State cooperation promotes impunity for international crimes that are particularly egregious and are prohibited as norms recognized as jus cogens. In order to avoid safe havens for those who commit CAH, many CAH Convention proponents advocate for inclusion of an obligation to extradite or prosecute an offender that turns up in a State party’s territory. They assert that the inclusion of such an obligation is particularly important …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …

"Toiling In The Danger And In The Morals Of Despair": Risk, Security, Danger, The Constitution, And The Clinician's Dilemma, Michael L. Perlin, Alison Julia Lynch

Michael L Perlin

Abstract: Persons institutionalized in psychiatric hospitals and “state schools” for those with intellectual disabilities have always been hidden from view. Such facilities were often constructed far from major urban centers, availability of transportation to such institutions was often limited, and those who were locked up were, to the public, faceless and often seen as less than human.

Although there has been regular litigation in the area of psychiatric (and intellectual disability) institutional rights for 40 years, much of this case law entirely ignores forensic patients – mostly those awaiting incompetency-to-stand trial determinations, those found permanently incompetent to stand trial, those …

“Friend To The Martyr, A Friend To The Woman Of Shame”: Thinking About The Law, Shame And Humiliation, Michael L. Perlin, Naomi Weinstein

Michael L Perlin

The need to pay attention to the law‘s capacity to allow for, to encourage, or (in some cases) to remediate humiliation, or humiliating or shaming behavior has increased exponentially as we begin to also take more seriously international human rights mandates, especially – although certainly not exclusively – in the context of the recently-ratified United Nations Convention on the Rights of Persons with Disabilities, a Convention that calls for “respect for inherent dignity,” and characterizes "discrimination against any person on the basis of disability [as] a violation of the inherent dignity and worth of the human person...."

Humiliation and shaming, …

Law, Otherness, And Human Trafficking, Jonathan Todres

Jonathan Todres

No abstract provided.

The Importance Of Realizing 'Other Rights' To Prevent Sex Trafficking, Jonathan Todres

Jonathan Todres

International law has long prohibited sex trafficking. The current international legal framework on sex trafficking sets forth a three-pronged approach to anti-trafficking efforts: (1) criminalization of acts of trafficking, (2) trafficking prevention programs, and (3) aid for victims of trafficking. To date, efforts undertaken by various countries have focused primarily on the first component, with comparatively minimal resources being allocated to prevention or victim assistance programs. Those countries that have initiated prevention measures tend to adopt a narrow view of "prevention programs" – focusing on activities such as public awareness campaigns warning of the penalties associated with such crimes or …

Birth Registration: An Essential First Step Toward Ensuring The Rights Of All Children, Jonathan Todres

Jonathan Todres

No abstract provided.

The Challenge Of Creating “A World Fit For Children”, Jonathan Todres

Jonathan Todres

No abstract provided.

Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Honigsberg

Peter J Honigsberg

Sunnat was placed in a cell among other detainees in the general prison population. He spoke neither Arabic nor English, the linguae francae of the prison and the only languages spoken by the detainees in neighboring cells. Consequently, for much of his time in Guantanamo, Sunnat talked to no one. He awoke each morning and cried. Sunnat could, of course, reach out and communicate through eye contact, hand signs and facial expressions. However, Sunnat never had meaningful conversations with his neighbors.

Absence of meaningful human contact is a characteristic of isolation and a source of suffering caused by isolation. Sunnat …

Women As Perpetrators: Agency And Authority In Genocidal Rwanda, Mark Drumbl, Nicole Hogg

Mark A. Drumbl

No abstract provided.

"To Kill A Cleric?: The Al-Awlaki Case And The Chaplaincy Exception Under The Laws Of War", K Benson

K Benson

Anwar al-Awlaki was the first American citizen to be targeted for extrajudicial assassination by the Obama administration. While scholarly attention has focused on legality of his killing under domestic law, his status as a chaplain under International Humanitarian Law (IHL) has gone unexamined. The possibility that Anwar al-Awlaki may have been a protected person as a chaplain has profound ramifications for the legality of his killing and for the conduct of the war on terror more generally. As the definition of a "Chaplain" under IHL is under-developed at best and vague at worst, ideologues such as Mr. al-Awlaki operate in …