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Full-Text Articles in Law

Perlindungan Hukum Terhadap Pekerja Penyandang Disabilitas, Ametta Diksa Wiraputra Mar 2021

Perlindungan Hukum Terhadap Pekerja Penyandang Disabilitas, Ametta Diksa Wiraputra

Dharmasisya

A person with a disability is someone who has physical, intellectual, mental and / or sensory limitations for a long time. This research examines and answers problems regarding the protection of workers with disabilities in Indonesia who are currently vulnerable and still experiencing discrimination. Persons with disabilities certainly have the right to get a decent living by working and entrepreneurship as mandated in the 1945 Constitution. The type of research used in this research is descriptive analytical with secondary data types which are then analyzed by qualitative analysis with data obtained from the results of observations and interviews. The results showed ...


Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter Jan 2021

Decolonizing Indigenous Migration, Angela R. Riley, Kristen A. Carpenter

Articles

As global attention turns increasingly to issues of migration, the Indigenous identity of migrants often remains invisible. At the U.S.-Mexico border, for example, a significant number of the individuals now being detained are people of indigenous origin, whether Kekchi, Mam, Achi, Ixil, Awakatek, Jakaltek or Qanjobal, coming from communities in Venezuela, Honduras, Guatemala and other countries. They may be leaving their homelands precisely because their rights as Indigenous Peoples, for example the right to occupy land collectively and without forcible removal, have been violated. But once they reach the United States, they are treated as any other migrants ...


The Foreign Sovereign Immunities Act's Evolving Genocide Exception, Vivian Grosswald Curran Jan 2019

The Foreign Sovereign Immunities Act's Evolving Genocide Exception, Vivian Grosswald Curran

Articles

The Foreign Sovereign Immunities Act (FSIA) was passed by Congress as a comprehensive statute to cover all instances when foreign states are to be immune from suit in the courts of the United States, as well as when foreign state immunity is to be limited. Judicial interpretation of one of the FSIA’s exceptions to immunity has undergone significant evolution over the years with respect to foreign state property expropriations committed in violation of international law. U.S. courts initially construed this FSIA exception by denying immunity only if the defendant state had expropriated property of a citizen of a ...


International Law: Legal Aspects Of The Protection Of Women’S Rights In Un System, A.B. Xayrulina Dec 2018

International Law: Legal Aspects Of The Protection Of Women’S Rights In Un System, A.B. Xayrulina

Review of law sciences

аrticle analyses the international mechanisms for the protection of women’s rights, the elimination of all forms of discrimination against women, to create and improve the effectiveness of national mechanisms for the advancement of women at the highest political level, as well as the importance of UN activities in resolving this problem.


Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei Oct 2018

Cracking Down On Cages: Feminist And Prison Abolitionist Considerations For Litigating Solitary Confinement In Canada, Winnie Phillips-Osei

Master of Laws Research Papers Repository

Guided by prison abolition ethic and intersectional feminism, my key argument is that Charter section 15 is the ideal means of eradicating solitary confinement and its adverse impact on women who are Aboriginal, racialized, mentally ill, or immigration detainees. I utilize a provincial superior court’s failing in exploring a discrimination analysis concerning Aboriginal women, to illustrate my key argument. However, because of the piecemeal fashion in which courts can effect developments in the law, the abolition of solitary confinement may very well occur through a series of ‘little wins’. In Chapter 11, I provide a constitutional analysis, arguing that ...


Business Methods, Technology, And Discrimination, Daniel Harris Brean Dec 2017

Business Methods, Technology, And Discrimination, Daniel Harris Brean

Daniel Harris Brean

The United States is obligated under the Trade-Related Aspects of Intellectual Property Rights (TRIPS) treaty to make patent rights available and enjoyable without discrimination as to the “field of technology” of the invention.  No specific areas of technology may be singled out for unjustified special treatment.  Yet the United States is doing just that with respect to computer-implemented business methods.  Doctrinally, such methods are subject to an especially high bar for patentability.  Statutorily, patents on such methods may be challenged in invalidity proceedings that are exclusively available for so-called “covered business method patents.” The law seems to reflect a skepticism ...


India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta Oct 2017

India’S Revised Model Bit: Two Steps Forward, One Step Back?, Jesse Coleman, Kanika Gupta

Columbia Center on Sustainable Investment Staff Publications

In December 2015, the Indian government approved the final text of its revised model bilateral investment treaty (BIT). Shortly thereafter, in February 2016, India published a joint interpretative statement to clarify its understanding of certain treaty provisions found in existing Indian treaties. These recent developments in Indian investment treaty policy are products of a multi-year review process ,prompted at least in part by the 2011 finding against India in the White Industries claim - the first such known finding against the state – and by several notices of dispute received following the determination in that case.


Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez Aug 2017

Achieving Equality For Women In Labour And Employment – A Comparative Study Of Colombia And Canada, Lina M. Hernandez

Electronic Thesis and Dissertation Repository

The primary focus of this thesis is to analyze and compare the legal systems enacted to protect working women in Colombia and Canada. This thesis focuses on: the protection of maternity and parental rights; the principle of equal pay for work of equal value; and discrimination in employment (including harassment). This research argues that the legislative and judicial changes made in each country to protect working women have not led to substantive equality for working women. This thesis also argues that there is a gap between international and national standards, thus a law reform is appropriate and needed in both ...


Babies Aren't U.S., Zachary J. Devlin Aug 2017

Babies Aren't U.S., Zachary J. Devlin

University of Massachusetts Law Review

Parental leave has been an on-going issue in the political process, most recently during this presidential election. This is because upon the birth or adoption of a child, many in the United States cannot afford to take time off from work to care for and integrate children into their families. This is especially true for the contemporary family. The Family and Medical Leave Act of 1993 (FMLA) was Congress’s attempt to strike equilibrium between employment and family and medical needs. The FMLA put legal emphasis on the family unit in an effort to neutralize gender discrimination while promoting gender ...


Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein Jan 2017

Klatsky Endowed Lecture, Presented By The U.N. High Commissioner For Human Rights, Prince Zeid Ra'ad Al Hussein

Case Western Reserve Journal of International Law

A speech that discusses the quest for global justice through monitoring, factfinding and reporting injustices such as torture, arbitrary detention, enforced disappearance, sexual violence, slavery, murder, and discrimination.


Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher Dec 2016

Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher

Michigan Journal of Gender & Law

Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.


Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts Aug 2015

Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts

International Law Studies

The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point ...


Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott Jul 2015

Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott

Matthew Scott

The occurrence of a natural hazard event is a necessary, but not sufficient condition for the unfolding of a ‘natural’ disaster. Disasters result when individuals and communities are exposed and vulnerable to natural hazards, such as droughts, floods and earthquakes. In their turn, exposure and vulnerability are social facts that are often closely correlated with discrimination, for example against women, children, older people, persons with disabilities, as well as for reasons of race, religion, nationality or political opinion. Adopting the perspective that sees disasters as socially constructed in this way, the scope of the 1951 Convention relating to the Status ...


Using The Ability To Host World Events As Incentive To Procure Voluntary Anti-Discrimination Legal Reform, Brett M. Crowell Jan 2015

Using The Ability To Host World Events As Incentive To Procure Voluntary Anti-Discrimination Legal Reform, Brett M. Crowell

San Diego International Law Journal

The International Olympic Committee (IOC) and Federation Internationale de Football Association (FIFA) have the power to effect global change. Countries vie for the honor of hosting world events such as the Olympic Games and the World Cup because of the prestige and the economic and political gains those events provide. The IOC and FIFA can and should use the incentive of hosting one of these events to procure legal reform in myriad humanitarian equality issues such as sexual orientation, gender, and race. These organizations can prompt this change by requiring that host countries uphold a set of minimum legal standards ...


Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves Jan 2015

Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves

Washington University Global Studies Law Review

Color is an important but underdeveloped designation in international law. Color is identified as a protected category in several human rights documents, but despite its status as a protected category, there is no definition of color in these human rights documents. It is generally recognized, however, that color references skin color. In the absence of an established definition, race is often used as a proxy for color. Yet, there is growing skepticism within the human rights community about the legitimacy of using racial categories to distinguish human beings. While race and color are often used interchangeably, it is important to ...


To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani Jan 2015

To Be White, Black, Or Brown? South Asian Americans And The Race-Color Distinction, Vinay Harpalani

Washington University Global Studies Law Review

People often use race and color terminology interchangeably in common parlance. Within the United States, color terminology often dominates racial discourse due to common use of color-based racial designations such as “Black” and “White.” Color is thus often used as a synonym for race, but while the two do overlap, color is also distinct from race as colorism is from racism.

The relationship between race and color is complex: the two are intertwined, and it can be difficult to tease apart. However, one group that illuminates the distinction between the two is South Asian Americans—peoples in the United States ...


The Promotion Of Economic, Social, And Cultural Rights Of Vulnerable Groups In Africa Pursuant To Treaty Obligations: Crc, Cedaw, Cerd, & Crpd, Connie De La Vega, Kokeb Zeleke, Esther Wilch Jan 2015

The Promotion Of Economic, Social, And Cultural Rights Of Vulnerable Groups In Africa Pursuant To Treaty Obligations: Crc, Cedaw, Cerd, & Crpd, Connie De La Vega, Kokeb Zeleke, Esther Wilch

Washington University Global Studies Law Review

This Article will examine the promotion of the economic, social, and cultural rights of vulnerable groups, such as women, children, persons with disabilities, and racial minorities through the human rights treaty body review process. It will highlight the range of mechanisms at the international level that can be used to enforce the rights of vulnerable communities in Africa, and the extent to which these mechanisms have been utilized by African States, with a focus on four applicable international treaties. The purpose of the review of African countries is to consider the effect that treaty participation has had on the continent ...


"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood Jan 2015

"If You Is White, You’S Alright. . . .” Stories About Colorism In America, Kimberly Jade Norwood

Washington University Global Studies Law Review

Colorism, a term believed to be first coined in 1982 by Pulitzer Prize winner Alice Walker, was defined by her to mean the “prejudicial or preferential treatment of same-race people based solely on their color.” It is not racism although there is a clear relationship. A clear example of racism would involve a business that refuses to hire black people. Colorism would not preclude the hiring of a black person, but there would be a preference for a black person with a lighter skin tone than a darker skinned person. From this example one can see too that colorism can ...


Colorism Among South Asians: Title Vii And Skin Tone Discrimination, Taunya Lovell Banks Jan 2015

Colorism Among South Asians: Title Vii And Skin Tone Discrimination, Taunya Lovell Banks

Washington University Global Studies Law Review

Title VII of the Civil Rights Act of 1964 and the older civil rights statute 42 U.S.C. § 1981 prohibit discrimination based on “color,” but neither statute defines the term. A little more than fifteen years ago I argued that skin tone discrimination, whether intra-racial or inter-racial, constitutes a form of race-based discrimination that tends to disadvantage individuals with dark skin tones. With few exceptions, more recent discussions of this topic among legal scholars continue to focus almost exclusively on black Americans. Thus, this Article asks whether colorism among or between racialized groups impacts immigrants from South Asia and ...


“Color” In The Non-Discrimination Provisions Of The Universal Declaration Of Human Rights And The Two Covenants, Stephanie Farrior Jan 2015

“Color” In The Non-Discrimination Provisions Of The Universal Declaration Of Human Rights And The Two Covenants, Stephanie Farrior

Washington University Global Studies Law Review

The United Nations Charter declares in its opening article that one of the purposes of the United Nations is to promote respect for human rights “without distinction as to” any of four grounds: race, sex, language, or religion. The Universal Declaration of Human Rights (“UDHR”), adopted three years later, expands the list of prohibited grounds of discrimination and proclaims that everyone is entitled to human rights “without distinction of any kind, such as” the following: “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

Numerous international and regional human rights treaties ...


International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson Nov 2014

International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson

Columbia Center on Sustainable Investment Staff Publications

With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.


The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip Dehart Sep 2014

The Naalc And Mexico's Ley Federal Para Prevenir Y Eliminar La Discriminacion: Further Failure Under A Flawed Treaty Or The Beginning Of Meaningful Protection From Employment Discrimination Throughout North America?, Philip Dehart

Georgia Journal of International & Comparative Law

No abstract provided.


Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito Sep 2014

Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito

Florida A & M University Law Review

More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It ...


Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade Jul 2014

Gender Diversity On Corporate Boards: How Racial Politics Impedes Progress In The United States, Cheryl L. Wade

Pace International Law Review

The excellent conference organized by Darren Rosenblum comparing global approaches to board diversity inspired me to think about how progress in this context has unfolded in the United States. Even though the issue of diversity on corporate boards has become a global issue, few U.S. boards have moved beyond mere tokenism when it comes to female directors. One reason for the lack of diversity among corporate directors is that board selection has been based on membership in a particular network. This essay, however, focuses on the persisting problem of discrimination—a more invidious explanation for the fact that very ...


An Analysis Of The Right To Education In Hurley And Moore V. Secretary Of State For Business, Innovation & Skills And Its Application In The United States, Emma Melton Jan 2014

An Analysis Of The Right To Education In Hurley And Moore V. Secretary Of State For Business, Innovation & Skills And Its Application In The United States, Emma Melton

Washington University Global Studies Law Review

In the past seventy years, the idea of education as a fundamental right has spread in democratic countries throughout the world. Multiple constitutions and international treaties have codified an inalienable right to education provided by the government. Recent litigation has highlighted a possibility that high tuition rates for universities may effectively serve as barriers to accessing higher learning and infringe upon this fundamental right to education.

This Note will address a 2011 case in the United Kingdom, Hurley and Moore v. Secretary of State for Business, Innovation & Skills, which recognized the harm of increasing higher education tuition fees to low-income ...


Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin May 2013

Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin

Peter G. Danchin

No abstract provided.


An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun Jul 2012

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.


Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang Jan 2012

Can Chinese Migrants Bolster The Struggling Economies Of Europe?, Felix B. Chang

Faculty Articles and Other Publications

This article examines new Chinese migration into Europe during a period of economic stagnation - more specifically, the movement of Zhejiangese merchants in Southeast Europe. The Zhejiangese migration pattern is diversifying from a predominantly petty merchant phenomenon to include the sophisticated operations of large-scale investors. It is therefore in the interests of host countries to foster, rather than restrict, this progression toward institutionalization. As such, governments should shape immigration and antidiscrimination policies to harness the potential of these migrants.


Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein Jul 2011

Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein

Richard Daniel Klein

No abstract provided.


Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein Jul 2011

Immigration Laws As Instruments Of Discrimination: Legislation Designed To Limit Chinese Immigration Into The United Kingdom, Richard Klein

Richard Daniel Klein

No abstract provided.