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Articles 1 - 30 of 46
Full-Text Articles in Law
Colorblind Capture, Jonathan Feingold
Colorblind Capture, Jonathan Feingold
Faculty Scholarship
We are facing two converging waves of racial retrenchment. The first, which arose following the Civil Rights Movement, is nearing a legal milestone. This term or the next, the Supreme Court will prohibit affirmative action in higher education. When it does, the Court will cement decades of conservative jurisprudence that has systematically eroded the right to remedy racial inequality.
The second wave is more recent but no less significant. Following 2020’s global uprising for racial justice, rightwing forces launched a coordinated assault on antiracism itself. The campaign has enjoyed early success. As one measure, GOP officials have passed, proposed or …
Coming To Terms: Using Contract Theory To Understand The Detroit Water Shutoffs, Marissa Jackson Sow
Coming To Terms: Using Contract Theory To Understand The Detroit Water Shutoffs, Marissa Jackson Sow
Faculty Publications
After the City of Detroit underwent financial takeover and filed the largest municipal bankruptcy in American history in 2013, the city’s emergency manager encouraged mass water shutoffs as a way of making the city’s water utility a more attractive asset for sale— and for privatization—by ridding the water department of its association with bad debt. The sale never took place, but the water shutoff, too, became the largest ever in American history, with over 141,000 homes subjected to water disconnections over a period of over six years. The governor of the State of Michigan ordered that the shutoffs be temporarily …
Conditionality And Constitutional Change, Felix B. Chang
Conditionality And Constitutional Change, Felix B. Chang
Faculty Articles and Other Publications
The burgeoning field of Critical Romani Studies explores the persistent subjugation of Europe’s largest minority, the Roma. Within this field, it has become fashionable to draw parallels to the U.S. Civil Rights Movement. Yet the comparisons are often one-sided; lessons tend to flow from Civil Rights to Roma Rights more than the other way around. It is an all-too-common hagiography of Civil Rights, where our history becomes a blueprint for other movements for racial equality.
To correct this trend, this Essay reveals what American scholars can learn from Roma Rights. Specifically, this Essay argues that the European Union’s Roma integration …
Advancing Racial Justice And Human Rights: Rights-Based Strategies For The Current Era, Human Rights Institute
Advancing Racial Justice And Human Rights: Rights-Based Strategies For The Current Era, Human Rights Institute
Human Rights Institute
On June 1, 2018, the Human Rights Institute convened its 15th annual CLE Symposium on Human Rights in the United States, a signature event of the Human Rights Institute’s Bringing Human Rights Lawyers’ Network. The day-long event brought together more than 150 leading U.S. lawyers, activists, and academics, along with federal and local government representatives to share strategies to advance racial justice within a domestic and global context increasingly hostile to human rights.
This report highlights key takeaways and themes from the Symposium, drawing from speakers’ remarks and their advocacy. It also serves as a basic human rights primer, describing …
Are Rights A Reality? Evaluating Federal Civil Rights Enforcement, International Association Of Official Human Rights Agencies (Iaohra), Human Rights Institute
Are Rights A Reality? Evaluating Federal Civil Rights Enforcement, International Association Of Official Human Rights Agencies (Iaohra), Human Rights Institute
Human Rights Institute
This comment draws upon prior submissions to UN human rights experts, and past resources and scholarship, as well as independent research conducted by the Columbia Law School Human Rights Institute, in partnership with state and local actors, including a 2018 survey of IAOHRA member agencies.
After Years Of Working With ‘Ritmo’ Detainees, I Know The Inhumane Facility Doesn’T Deserve A Second Chance, Erica B. Schommer
After Years Of Working With ‘Ritmo’ Detainees, I Know The Inhumane Facility Doesn’T Deserve A Second Chance, Erica B. Schommer
Faculty Articles
No abstract provided.
The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo
The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo
Center for Business Research and Development
The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).
On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …
Missouri*@!!?*@! - Too Slow, Mae Quinn
Missouri*@!!?*@! - Too Slow, Mae Quinn
Journal Articles
When asked to share my thoughts at this symposium about contemporary human rights issues in domestic criminal law—and how they manifest in St. Louis, Missouri in particular—I could not help but think of these words. Nina Simone, the brilliant vocal artist and civil rights activist, wrote these lyrics over fifty years ago and then bravely and controversially sang them for a mostly-white audience at New York City’s Carnegie Hall following the 1963 shooting death of Medgar Evers.2 Evers was a military veteran who turned civil rights activist and organizer for the National Association for the Advancement of Colored People (“NAACP”) …
Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute
Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute
Human Rights Institute
State and local human rights and human relations agencies play a pivotal role in promoting and protecting human rights across the country. Indeed, state and local agencies work on a daily basis to foster equality and eradicate discrimination. Through education, monitoring, and addressing human rights issues, they ensure the ability of the United States to make human rights a reality in local communities.
To assist state and local agencies in doing this work, this resource distills the core human rights principles that fall under the jurisdiction of many state and local agencies, and offers guidance to strengthen the culture of …
Obama’S National Security Exceptionalism, Sudha Setty
Obama’S National Security Exceptionalism, Sudha Setty
Faculty Scholarship
This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …
Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo
Faculty Scholarship
No abstract provided.
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller
Faculty Scholarship
No abstract provided.
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo
Center for Business Research and Development
The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …
Alabama’S Dmv Closures Reinforce Need To Restore The Voting Rights Act, Lauren Carasik
Alabama’S Dmv Closures Reinforce Need To Restore The Voting Rights Act, Lauren Carasik
Media Presence
No abstract provided.
Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham
Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham
Human Rights Institute
Human rights begin close to home. Local governments have jurisdiction over a range of human rights issues, including those related to housing, education, employment, and criminal justice. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which all communities can flourish. Mayors are particularly well-situated to advance human rights and build a culture of human rights based on dignity, freedom from discrimination, and opportunity.
Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik
Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik
Media Presence
No abstract provided.
Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
The United States has repeatedly affirmed that state and local governments are vital to comprehensive human rights implementation within and throughout the country. During the 2010 UPR, the Legal Adviser to the U.S. State Department emphasized that “the best human rights implementation combines overlapping enforcement by ... the federal government working together with state and local partners.” Indeed, state and local authorities are on the front lines of addressing key human rights issues, including housing, employment, criminal justice and education. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human …
The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
Compliance with the Convention Against Torture (“CAT”) requires effective federal coordination with, and education of, state and local governments. In ratifying the CAT, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also includes the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …
The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
As this Committee has consistently recognized, compliance with the CERD requires effective coordination between federal, state, and local governments. In ratifying the CERD, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also encompasses the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …
Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace
Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace
Articles by Maurer Faculty
No abstract provided.
Closing The Gap: The Federal Role In Respecting & Ensuring Human Rights At The State And Local Level, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Closing The Gap: The Federal Role In Respecting & Ensuring Human Rights At The State And Local Level, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)
Human Rights Institute
This report offers an overview of the domestic landscape for human rights implementation and recommends action the United States must take to respect and ensure Covenant rights at the state and local level. This information responds directly to questions posed by the Human Rights Committee as part of the fourth periodic review of the United States, and offers a more complete picture of how the lack of institutionalized support impacts state and local governments. The report further describes a number of promising state and local human rights initiatives and details the myriad barriers that impede more comprehensive and effective state …
Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley
Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley
Publications
No abstract provided.
Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson
Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson
Faculty Scholarship
The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained political …
Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute
Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute
Human Rights Institute
State and local governments play an essential role in promoting and protecting human rights. Within the United States, agencies and officials at the municipal, city, county and state levels can help fulfill human rights by ensuring dignity, equality and opportunity for everyone in their jurisdiction.
Recognizing the value of human rights, state and local agencies and officials across the United States are incorporating international human rights standards in their daily work. As illustrated by examples throughout this report, integrating human rights into local law, policy and practice can enhance government decision-making and respond directly to local needs. It also allows …
Post-9/11 Lawyers, Trevor C. W. Farrow
Post-9/11 Lawyers, Trevor C. W. Farrow
Articles & Book Chapters
Based on notes made by the author during a visit to the World Trade Center site in lower Manhattan.
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Implementing Recommendations From The Universal Periodic Review: A Toolkit For State And Local Human Rights And Human Relations Commissions, Human Rights Institute
Human Rights Institute
The United States’ international leadership in promoting human rights around the world is strengthened by state and local officials’ efforts to employ and advance human rights close to home. Indeed, state and local human rights and human relations commissions can play a pivotal role in help- ing the U.S. meet its own human rights obligations by ensuring fairness, dignity and opportunity for all in their communities.
This Toolkit provides information about a recent review of the United States’ human rights record under the United Nations’ Universal Periodic Review (“UPR”), which revealed a number of areas in which the United States …
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
The Slavery And Involuntary Servitude Of Immigrant Workers: Two Sides Of The Same Coin, Maria L. Ontiveros
Schmooze 'tickets'
No abstract provided.
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
The Fifth Freedom: The Constitutional Duty To Provide Public Education, Areto Imoukhuede
Faculty Scholarship
“The fifth freedom is freedom from ignorance. It means that every[one], everywhere, should be free to develop his [or her] talents to their full potential – unhampered by arbitrary barriers of race or birth or income.” Lyndon B. Johnson This article argues that education is a fundamental human right that the U.S. Supreme Court has failed to recognize because of the Court’s bias towards negative, rather than positive rights. Viewed from the limited perspective of rights as liberties, the concern with declaring a fundamental right to education is that education legislation would be strictly scrutinized, thus causing the undesired result …
The Road To Rights: Establishing A Domestic Human Rights Institution In The United States, Leadership Conference Education Fund, Human Rights Institute
The Road To Rights: Establishing A Domestic Human Rights Institution In The United States, Leadership Conference Education Fund, Human Rights Institute
Human Rights Institute
While human rights are often discussed as international standards, they are realized first and foremost at home. Respect for human rights is a domestic endeavor — the promotion, protection and fulfillment of these rights falls to national and local governments, not to international bodies. Because the front line of human rights is domestic, full realization of these rights requires coordination and dialogue between civil society, national policy-making bodies and local institutions.
U.S. human rights advocates have continually emphasized that “human rights begin at home,” and it is only when the full spectrum of rights are recognized and protected in local …
Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin
Human Rights And Intellectual Property: Mapping The Global Interface, Laurence R. Helfer, Graeme W. Austin
Faculty Scholarship
Human Rights and Intellectual Property: Mapping the Global Interface explores the intersections between intellectual property and human rights law and policy. The relationship between these two fields has captured the attention of governments, policymakers, and activist communities in a diverse array of international and domestic political and judicial venues. These actors often raise human rights arguments as counterweights to the expansion of intellectual property in areas including freedom of expression, public health, education, privacy, agriculture, and the rights of indigenous peoples. At the same time, the creators and owners of intellectual property are asserting a human rights justification for the …