Law Commons^™

The Bring Your Own Tampon Policy: Why Menstrual Hygiene Products Should Be Provided For Free In Restrooms, Elizabeth Montano

University of Miami Law Review

Like toilet paper, menstrual hygiene products, such as tampons and pads, are necessities for managing natural and unavoidable bodily functions. However, menstrual hygiene products widely receive separate treatment in restrooms across the globe. While it would be absurd today to carry a roll of toilet paper at all times, it is considered necessary and common sense for all menstruators to carry menstrual hygiene products at all times, for approximately forty years, in case of an emergency. This is the “Bring Your Own Tampon” (“BYOT”) policy and it is a violation of human rights and equal protection.

This Note seeks to …

The Human Right Of Property, José E. Alvarez

University of Miami Law Review

Despite the absence of a comprehensive global pact on the subject, the human right to property protection—a right of property but only rarely to specific property—exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War’s omission of property rights in the two principal treaties on human rights, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, has been overtaken by events. But that reality continues to be resisted by legal scholars, including human rights advocates, as well …

The Climate For Human Rights, Rebecca M. Bratspies

University of Miami Law Review

Climate change is the defining challenge of the 21st century. The United States government is currently ignoring the problem, but wishful thinking alone will not keep global mean temperature rise below 2ºC. This Article proposes a way forward. It advises environmental decision-makers to use human rights norms to guide them as they make decisions under United States law. By reframing their discretion through a human rights lens, decision-makers can use their existing authority to respond to the super-wicked problem of climate change