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Call For Proposals 2023: The Social Practice Of Human Rights And The And The 6th International Conference On The Right To Development, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

Call for proposals: We welcome contributions that focus on the following sub-themes or any related topic:

• Inclusive development — redistributive models; business and human rights; rights-based economies and financial institutions; global supply chains; inequalities; and Agenda 2030 and the Sustainable Development Goals.
  
  
• Social transformation, movements, and resistance — new forms of civic and cultural engagement, education, and pedagogy; the intersection of theater, art and activism; music, performance, and visual culture; new technologies; resistance to anti-rights movements; and democratic fragility.
  
  
• Climate change and sustainability — climate and environmental justice; ecological disaster; natural resources exploitation; building sustainable futures; corporate interests; and fiscal …

Flyer: 2023 Conference, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

Promotional flyer: The University of Dayton Human Rights Center, the Centre for Human Rights of the Faculty of Law, University of Pretoria, and the University of the Free State Centre for Human Rights, South Africa, jointly convene the 2023 Social Practice of Human Rights Conference and the 6th International Conference on the Right to Development, set for Nov. 2-4, 2023.

The call for proposals is now available, and submissions are open through May 8, 2023.

Derechos Fundamentales E Inteligencia Artificial Constitutional Rights And Artificial Intelligence, Carlos L. Bernal

School of Law Faculty Publications

En su artículo Computing Machinery and Intelligence, publicado en la revista Mind en 1950,1 Alan M. Turing se preguntó si, como los seres humanos, las máquinas podían pensar y comunicarse mediante lenguaje natural. Seis años después, John McCarthy, Marvin Minsky, Oliver Selfridge, Ray Solomonoff y Trenchard More celebraron un congreso en el Dartmouth College.2 Allí discutieron si las máquinas tenían capacidad de pensamiento, aprendizaje, razonamiento, y de búsqueda y adquisición de conocimiento. En aquel congreso se acuñó el término “inteligencia artificial” para referirse al despliegue de estas capacidades por parte de las máquinas.

Episode 5: Findings, Plus A Look At Events Following Confirmation, Lauren Durham

A Rhetorical Study of Twitter Discourse about Justices Ruth Bader Ginsburg and Amy Coney Barrett

In this episide, Durham discusses what the research revealed and makes recommendations for further study. She also explores events following Justice Amy Coney Barrett's confirmation.

Episode 4: Barrett As A 'Figure-In-Process', Lauren Durham

A Rhetorical Study of Twitter Discourse about Justices Ruth Bader Ginsburg and Amy Coney Barrett

Durham addresses discourse that portrayed Barrett as a “figure-in-process.”

Episode 2: The Pop Culture Status Of 'Rbg', Lauren Durham

A Rhetorical Study of Twitter Discourse about Justices Ruth Bader Ginsburg and Amy Coney Barrett

In a discussion of the first answer to the research question, Durham focuses on the discourse about the presence and absence of Ruth Bader Ginsburg's iconic appeal in popular culture.

Episode 3: Opposites, Lauren Durham

A Rhetorical Study of Twitter Discourse about Justices Ruth Bader Ginsburg and Amy Coney Barrett

In this episode, Durham discusses the discourse that portrayed Ruth Bader Ginsburg and Amy Coney Barrett as opposites.

Episode 1: About The Research, Lauren Durham

A Rhetorical Study of Twitter Discourse about Justices Ruth Bader Ginsburg and Amy Coney Barrett

Durham explores the significance of the topic; summarizes the academic theories applied in the study; presents the research question; and shares methodology and methods.

First Amendment Contradictions And Pathologies In Discourse, Erica Goldberg

School of Law Faculty Publications

A robust, principled application of the First Amendment produces contradictions that undermine the very justifications for free speech protections. Strong free speech protections are justified by the idea that rational, informed deliberation leads to peaceful decision-making, yet our marketplace of ideas is crowded with lies, reductive narratives, emotional appeals, and speech that leads to violence. Our current First Amendment model creates pathologies in discourse, which I term problems in speech quality and problems of speaker identity, that are exacerbated in our modern age of easy communication. The reason for these pathologies lies in the relationship between reason and emotion, both …

Deporting Jane Doe: When Immigrant Crime Victims Fall Through The Cracks Of The Law Designed To Protect Them, Ericka Curran

School of Law Faculty Publications

No abstract provided.

Slavery And The History Of Congress’S Enumerated Powers, Jeffrey Schmitt

School of Law Faculty Publications

In his first inaugural address, President Abraham Lincoln declared, “I have no purpose, directly or indirectly, to interfere with the institution of slavery in the States where it exists. I believe I have no lawful right to do so, and I have no inclination to do so.” Like virtually all Americans before the Civil War, Lincoln believed in what historians call the “national consensus” on slavery. According to this consensus, Congress’s enumerated powers were not broad enough to justify any regulation of slavery within the states. Legal scholars who support the modern reach of federal powers have thus conventionally argued …

Three Legitimacy Challenges Of The Inter-American Human Rights System, Carlos Bernal

School of Law Faculty Publications

This article analyses three core challenges that hinder the legitimacy of the Inter-American System of Human Rights. They relate to the Inter-American standards, the observance of due process, and the nature and proportionality of compensatory remedies. The analysis accounts for challenges, and outlines a proposal for overcoming them as well.

Este artículo lleva a cabo un análisis relativo a tres desafíos relevantes que aquejan la legitimidad del Sistema Interamericano de Derechos Humanos. Ellos se refieren a los estándares interamericanos, el respeto del debido proceso y a la naturaleza y proporcionalidad de las medidas de reparación. El análisis comprende tanto un …

Common Law Baselines And Current Free Speech Doctrine, Erica Goldberg

School of Law Faculty Publications

No abstract provided.

Coming To Terms With Legacies Of The Vietnam War, Paul Morrow, Shelley Inglis, University Of Dayton. Human Rights Center

Reports and Promotional Materials

This report is the result of a symposium convened by the University of Dayton Human Rights Center in October 2020. For their contributions to that symposium we thank the following speakers: Allison Varzally, Selika Ducksworth-Lawton, Yen Le Espiritu, Tom Grace, David Cortright, Cynthia Enloe, David Kieran, Patrick Hagopian, Scott Laderman, Andrew Bacevich, Chuck Searcy, Dang Quang Toan, Colleen Murphy, Katherine Gallagher, John Goines III, Ben Schrader, Susan Hammond, Bich-Ngoc Turner, and Tim Rieser. Heather Bowser, Đạt Duthịnh, Garett Reppenhagen, and Mike Boehm enriched the symposium by discussing experiences of advocacy around war legacies; we are particularly thankful for the chance …

Call For Proposals 2021: The Social Practice Of Human Rights Conference, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

The global pandemic has rapidly broken down boundaries and structures—from personal to social to institutional. Long-standing practices and norms have changed radically to respond to the current crisis, while some institutional and political dynamics contrary to human rights and democracy have become further entrenched. New pressures on human rights are also heightened by the pandemic, including rights to privacy, access to health, and digital capitalism. This crisis has shown that for human rights, the perils and potentials have increased hand in hand.

The stark upending by the pandemic provides proof-of-concept for the disintegration of silos and the erosion of exclusionary …

Call For Proposals 2019: The Social Practice Of Human Rights, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

2019 marks 30 years since the end of the Cold War and the beginning of an era pregnant with promise and potential for human rights, democracy, and global governance.

Yet today, global capitalism drives widening and deepening inequalities. Its dependence on natural resource extraction and exploitation is hastening ecological collapse. Authoritarianism and populism have risen from the rubble of liberalism’s inability to deliver on its pledges. Technology, once promoted as a panacea for transnational boundary breaking and democratization, further empowers the powerful to reshape politics and upend notions of privacy, social life, information, employment, and even biology.

Critics have questioned …

When Trade Secrecy Goes Too Far: Public Health And Safety Should Trump Corporate Profits, Julie Zink

School of Law Faculty Publications

This Article addresses the historical and ongoing use of trade secrets to withhold critical information from the public. Through its text and footnotes, the Article discusses the positives and negatives of trade secret protection; addresses historical and current examples of trade secret abuse; analyzes the inadequate solutions that have been tried and proposed; and, ultimately, recommends changing trade secret law by incorporating the precautionary principle into the definition of a trade secret to ensure that protection will no longer be available for information that endangers public health. This Article is both timely and necessary, as the public is continually bombarded …

A Historical Reassessment Of Congress's "Power To Dispose Of" The Public Lands, Jeffrey M. Schmitt

School of Law Faculty Publications

The Property Clause of the Constitution grants Congress the “Power to Dispose” of federal land. Congress uses this Clause to justify permanent federal land ownership of approximately one-third of the land within the United States. Legal scholars, however, are divided as to whether the original understanding of the Clause supports this practice. While many scholars argue that the text and intent of the framers show that Congress has the power to permanently own land within the states, others contend that these sources demonstrate that Congress has a duty to dispose of all federal land not held pursuant to another enumerated …

The Assessment Mandates In The Aba Accreditation Standards And Their Impact On Individual Academic Freedom Rights, Victoria L. Vanzandt

School of Law Faculty Publications

No abstract provided.

Research Offers Tough Love To Improve Human Rights Practices, Joel Pruce

Political Science Faculty Publications

We know what it means to practice a skill such as juggling or dancing, but what does it mean to "practice" human rights?

Contributions to OpenGlobalRights (OGR), since its inception, have gravitated around critique of human rights practices by focusing on advocacy and activism, cultivating debates that address the contemporary dilemmas facing human rights movements worldwide. The launch of OGR four years ago is a symptom of what I’ve referred to elsewhere as a “practice turn” in the scholarly field of human rights—one that takes human rights practice as its subject, forges space for scholar-practitioner collaboration and communication, and focuses …

Remnants Of Apartheid Common Law Justice: The Primacy Of The Spirit, Purport And Objects Of The Bills Of Rights For Developing The Common Law And Bringing Horizontal Rights To Fruition, Christopher J. Roederer

School of Law Faculty Publications

The Constitutional Court in Carmichele was correct to hold that ‘[where] the common law deviates from the spirit, purport and objects of the Bill of Rights the courts have an obligation to develop it by removing that deviation.’ Professor Anton Fagan’s argument that this is false is flawed because he misquotes, misrepresents and misunderstands the Court’s argument. Further, Fagan’s argument that the spirit, purport and objects of the Bill of Rights is merely a secondary reason for developing the common law that can be trumped by the individual moral views of judges, is also flawed. It is based on a …

The Supreme Court And Education Law, Charles J. Russo

Educational Leadership Faculty Publications

Compiling a “top 10” list of anything— including Supreme Court cases and justices’ quotes—can be fraught with differences of opinion. Yet discussions about those differences can be useful learning activities, because they can lead to conversations about the underlying legal issues in schools. With that caveat in mind, this column offers key quotes from major Supreme Court cases that played major, even transformational, roles in shaping the landscape of U.S. K–12 education. The quotes are accompanied by brief summaries of why the cases are significant. With the exception of Brown v. Board of Education, Topeka, Kansas (1954), the most important …

Introduction: Symposium On The Social Practice Of Human Rights, Richard K. Ghere

Political Science Faculty Publications

This volume of Public Integrity presents a symposium of five articles related to human rights that (a) introduce readers to the general origin and nature of human rights conversation, (b) characterize how these norms are conveyed in the current digital age, or (c) depict how local governments and nonprofit agencies confront matters of human rights. Nonetheless, in publishing this symposium, PI “pushes the envelope” in asserting that human rights questions legitimately qualify as matters germane to the study and practice of public administration. Readers could, after all, maintain that, notwithstanding the aspirational appeal of human rights, international norms fall well …

Update On Student Vaccinations, Charles J. Russo

Educational Leadership Faculty Publications

State inoculation laws—which are designed to reduce or eliminate the risk of infection from the most common communicable diseases—typically grant students with medical concerns exemptions from having to receive vaccines or vaccine components. Moreover, as reflected in the cases discussed below, most states allow nonmedical exemptions for religious reasons and philosophical beliefs (National Vaccine Information Center 2016).

As reviewed in the next section, disputes over vaccinations generated a fair amount of litigation. In these cases, parents challenged vaccination laws as violating their constitutional rights to be free from government interference or to freedom of religion.

Access To Trade Secret Environmental Information: Are Trips And Trips Plus Obligations A Hidden Landmine?, Dalindyebo Shabalala

School of Law Faculty Publications

Freedom of Information Acts (FOIAs) have been fundamental to enabling access to environmental information. The effectiveness of domestic and international environmental regulatory standards has been dependent on ensuring strong information access regimes, especially for information submitted to governments by firms. However, there has been an ongoing tension between providing and accessing complete regulatory information on the one hand, and the interest in maintaining the economic value of trade secrets. Such tensions have historically been managed at the domestic level within constitutional structures balancing access to information, privacy interests, and economic interests. However, the almost simultaneous advent of international norms and …

Remedies For Regulatory Takings (Constructive Expropriations), Deprivations, Expropriations Or Custodianship In South Africa And The U.S., Christopher J. Roederer

School of Law Faculty Publications

Oliver Wendell Holmes, writing for the Court in Pennsylvania Coal Co. v. Mahon (1922), started the regulatory takings tradition in the U.S. with his famous line that “if regulation goes too far it will be recognized as a taking” deserving of just compensation. As this paper will show, how far is too far depends on where you are. Under the Fifth Amendment to the U.S. Constitution, regulations do not need to go as far as they once did, and under the law in states like Oregon and Florida, regulations do not need to go very far at all before one …

Meeting The Needs Of Students With Disabilities, Charles J. Russo, Allan G. Osborne Jr.

Educational Leadership Faculty Publications

The Individuals with Disabilities Education Act (IDEA, 2005) requires states, through local school boards, to provide students with disabilities with a free appropriate public education (FAPE) in the least restrictive environment consistent with the content of their Individualized Education Programs (IEPs). As important as it is to educate students with disabilities, the cost of serving these children is much higher than that of their peers in regular education.

Most recently, the Tenth Circuit upheld Rowley’s “some educational benefit” standard in Endrew F. v. Douglas County School District RE-1 (2015). In Endrew F., the panel affirmed that a school board in …

Social Media Law In A Nutshell, Ryan Garcia, Thaddeus A. Hoffmeister

School of Law Faculty Publications

Social media has transformed how the world communicates. Its impact has been felt in every corner of our society including the law. Social Media Law in a Nutshell is a wide-ranging look of how the social media transformation has impacted various legal fields. From marketing to employment to torts to criminal law to copyright and beyond, virtually every legal field has been changed by social media. By looking at high level concerns and example cases, Social Media Law in a Nutshell attempts to give practitioners exposure to social media issues and concerns so they can better advise clients and approach …

Update On School Searches, Charles J. Russo

Educational Leadership Faculty Publications

School safety continues to present significant challenges for education leaders. Yet as educators work to maintain school safety, boards face a steady stream of litigation because officials have searched students suspected of putting themselves or others in danger. For example, students have been searched because they were suspected of bringing into schools such prohibited items as alcohol, weapons, and drugs.

Education leaders must develop up-to-date policies that ensure safety but that also comply with the Fourth Amendment’s prohibition of unreasonable searches and seizures.

Tenure Wars: The Litigation Continues, Charles J. Russo

Educational Leadership Faculty Publications

Teacher tenure is a controversial topic that continues to generate litigation. Parents and advocates of educational reform have filed claims alleging, in part, that school officials violate the rights of students who are not achieving academically largely because of the ineffective instruction the students receive from teachers.

Typically, these suits also claim that conditions in districts where students perform poorly on academic measures are exacerbated by the protection that state tenure laws—in conjunction with union efforts—afford ineffective teachers, thereby making it difficult to dismiss the teachers for incompetence.

In North Carolina Association of Educators v. State (2016), a North Carolina …