Law Commons^™

Weaponizing Religion Against The Human Emotion Of Empathy: A Call To Fight Coercive Settlement Attempts On The Merits, Jeffrey Dodge

Faculty Scholarship

In March 2023, America First Legal filed a lawsuit against West Shore School District in Camp Hill, Pennsylvania. In the complaint, the plaintiffs argued that empathy related instruction from the district’s social emotional learning curriculum violated their parental and religious rights. Nearly every headline about the lawsuit included a quote from a plaintiff parent asserting that “Not every human is deserving of my child’s empathy.” At the time of filing, America First Legal and counsel, Wally Zimolong, argued that students in this school district were illegally being subjected to a radical and invasive curriculum.

School officials denied wrongdoing in receiving …

The Human Rights Argumentation Of The Uoc-Mp As A Strategy Of Institutional Self-Preservation Under Conditions Of Armed Aggression, Mariia Rudiuk, Valeriy Bulatov

Occasional Papers on Religion in Eastern Europe

The article examines the strategy of institutional self-preservation employed by the Ukrainian Orthodox Church of the Moscow Patriarchate (UOC-MP) under conditions of Russian armed aggression. The relevance of the topic is determined by the adoption of Law of Ukraine No. 3894-IX “On the Protection of the Constitutional Order in the Sphere of Activities of Religious Organizations,” aimed at limiting the influence of religious structures affiliated with the aggressor state. Particular attention is devoted to the ways in which the UOC-MP utilizes democratic legal mechanisms and European human rights rhetoric in order to delay or neutralize Ukraine’s national security measures. The …

Cobalt's Climate Paradox: Global Ambitions For A Greener Future Rely On Blood-Stained Hands, Ashleigh Wootton

Natural Resources Journal

The global effort to mitigate climate change increasingly relies on widespread electrification, with lithium-ion batteries at its core and the key minerals required for their production concentrated in countries uniquely vulnerable to exploitation. Lithium-ion battery production relies heavily on cobalt, a critical mineral primarily sourced from the Democratic Republic of the Congo (DRC), which supplies approximately 70 percent of the world’s cobalt. As demand for cobalt is projected to rise sharply, the DRC has become indispensable to the global clean energy transition. Cobalt extraction in the DRC is closely linked to severe human rights abuses, including forced labor, child labor, …

Marital Status And Human Rights, Jessica Tueller

Faculty Articles

Although human rights law has established a clear prohibition on discrimination based on marital status, this prohibition is vastly underutilized. This Article argues that increased attention to human rights law's prohibition on marital status discrimination, accompanied by clearer, more consistent, and more robust analysis of this phenomenon, is needed to ensure that everyone whether they choose to remain unmarried or to marry, whether they file for divorce or are widowed-continues to have and enjoy the same human rights and fundamental freedoms as any other person throughout their lifetime. This Article specifically recommends a focus on harmful marital status stereotypes that …

International Law, The Courts, And The Political Branches Of Singapore: Painting A Complete Picture, Benjamin Joshua Ong

Research Collection Yong Pung How School Of Law

In line with Singapore's vision of the separation of powers, the courts' duty is primarily to give effect to domestic law; the political branches take the lead in engaging with international law. A study of Singapore's interface with international law would therefore be incomplete were it to consider only the courts' role and not the political branches' model of international law as primarily a guarantor of Singapore's sovereignty and standing as a participant on the international stage. The political branches have been circumspect in engaging with international law in other areas, such as human rights, preferring a specifically Singaporean vision …

Hak Yang Mengering: Kuasa Modal Terhadap Hak Atas Air Di Cikeusal, Syahwal Syahwal, Muhamad Nabil Gunawan

Jurnal Hukum & Pembangunan

This paper originates from an observation of the water crisis affecting Cikeusal. Recognizing water as an integral part of human rights, we pose the question: why does a water crisis occur in Cikeusal, despite water being recognized as a human right? In addressing this issue, we position water as a resource closely intertwined with political dynamics. Therefore, we employ a socio-legal approach, using autoethnography as the primary method for data collection. Our study reveals that the water crisis in Cikeusal stems from capitalist expansion in the form of extractive industries, specifically karst mining. This capitalist expansion has led to the …

Indigenous Law Is Real Law: Ending Erasure Through Legal Reform And Recognition, Callie Mobley

University of Cincinnati Law Review

No abstract provided.

Religion And Human Rights In The Realities Of The Russian-Ukrainian War, Andrii Marchenko

Occasional Papers on Religion in Eastern Europe

The article is devoted to the peculiarities of the relationship between religion and human rights in the context of the Russian-Ukrainian war. It is noted that Russia’s expansion results in a decrease in religious freedom in the temporarily occupied lands, a narrowing of the scope of this fundamental norm. At the same time, the author emphasizes not only the violations of the rights and freedoms of believers in the temporarily occupied territories of the country caused by external factors, but also some internal problems of the socio-religious life of modern Ukraine.The article analyzes the actions of the Ukrainian authorities to …

Arbitrating Business And Human Rights Disputes In Latin America, Gloria Correa

Georgia Journal of International & Comparative Law

No abstract provided.

When Environmental Provisions Acquire Primacy Over The Economic Interests – Case Comment Of The Preliminary Ruling In Case C-626/22 C.Z. And Others V Ilva, Katarzyna Błaszczak, Michał Krzaczek

Yearbook of Antitrust and Regulatory Studies

This case note analyses the Court of Justice of the European Union’s (CJEU) preliminary ruling in case C-626/22 (C. Z. and Others v Ilva). The Court interpreted the Industrial Emissions Directive (IED), ruling that Member States cannot derogate from minimum EU environmental requirements. The ruling established that environmental permits must consider all scientifically known harmful substances that could be emitted by installations. The Court also ruled that national regulations permitting repeated extensions to deadlines for installation operations, despite the identification of serious environmental and health risks, were incompatible with the IED. The CJEU’s interpretation confirms the primacy of environmental and …

Access To Healthcare For Irregular Migrants, Jessica Dykes

Journal of Law and Health

Access to Healthcare for Irregular Migrants is an assessment of the right to life, security of the person, and non-discrimination as viewed through the lens of Nell Toussaint's legal battle. It tells the compelling story of an irregular migrant's battle for access to health care. Highlighting a gap in the Canadian healthcare system, this piece raises valuable questions about why that gap exists. Toussaint's experiences with multiple levels of the legal system, both in Canada and internationally, are included. It tells the story from when Ms. Toussaint entered Canada to the present; wherein the matter remains before the court.

This …

Clihhr And Other Institutions Publish Report "Resistance: Mura Struggle Against Canadian Potash Mining In Brazil's Amazon", Benjamin N. Cardozo School Of Law

Cardozo Law News Archive

The Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), together with university legal clinics in Brazil, Canada, and the United States, published a report examining the impacts of a proposed Canadian potash mining project in the Brazilian Amazon and its potential risks to Indigenous communities and the environment.

Request For An Advisory Opinion By The State Of Guatemala On Democracy And Its Protection Under The Inter-American Human Rights System: Expert Opinion, Notre Dame Law School Global Human Rights Clinic, Notre Dame Reparations Design And Compliance Lab, Diane A. Desierto, Francisco J. Urbina, Paolo G. Carozza, Anibal Perez-Liñan, Faisal Yamil Meneses, Nicolas Buitrago Rey, Ian Sheppard, Michelle Vasquez, Nick Polk, Carlos Chinchilla Mourra, Jose Cardona Sanchez, Pablo Proaño, Roselis Diaz De Freitas, Zolile Shude, Christian Mikala-Ofori, Rachel Cooper

Court Briefs

From Page 1

Notre Dame Law School Global Human Rights Clinic (NDLS GHRC) In collaboration with Notre Dame Reparations Design and Compliance Lab (ND Reparations Lab)

The undersigned Professors, staff lawyers, and researchers of the NDLS GHRC and the ND Reparations Lab respectfully submit this Expert Opinion for this Honorable Court’s consideration. 

1. The State of Guatemala has requested this Honorable Court to interpret specific provisions of the American Convention on Human Rights (e.g., Preamble first paragraph, Article 1 obligation to respect rights, Article 5 right to humane treatment, Article 8 right to a fair trial, Article 9 freedom from ex …

Criminal Punishment As A Human Right?, Saira Mohamed Professor Of Law,

Vanderbilt Law Review

In the last thirty years, criminal punishment has emerged as a primary tool in service of the protection of international human rights. The development of the field of international criminal law has transformed mass human rights violations into crimes, and the crowning achievement of the field has been the creation of the International Criminal Court. Human rights tribunals, meanwhile, also have embraced the institutions of the criminal law and, through doctrines such as the due diligence standard, have translated states' obligations under human rights instruments into duties to criminally prosecute and punish. Those who were present at the creation might …

2025 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2025 issue of the CLIHHR Newsletter highlights the Cardozo Law Institute in Holocaust and Human Rights’ continued work in advocacy, research, and education. It features the Institute’s landmark report on Indigenous land rights in the Brazilian Amazon, major events including the 2025 Lemkin Award Ceremony, faculty and student achievements, alumni spotlights, and engagement with international human rights mechanisms. The newsletter reflects CLIHHR’s ongoing commitment to supporting marginalized communities and advancing human rights and atrocity prevention efforts.

Citizen Shareholders: The State As A Fiduciary In International Investment Law, Eleanor L. Thompson

Michigan Law Review

International investment law provides stability for investors, helps capital flow across the globe, and can be a critical tool for sustainable development. This regime, however, has become increasingly controversial, in part due to its inability to reconcile investor obligations with competing human rights obligations. International investment treaties provide substantive guarantees to investors, including submission to binding arbitration in the event of breach. When found in breach of one of these guarantees, international investment arbitral tribunal awards are often in the hundreds of millions of dollars, potentially creating “regulatory chill” for states that may otherwise take affirmative action to protect human …

“Small” Voices, Big Wins: Analyzing Remedies In Children’S Climate Cases, Maria Antonia Tigre

Sabin Center for Climate Change Law

Children’s climate litigation has emerged as a powerful tool to address the climate crisis, with young plaintiffs around the world taking governments and corporations to court to demand climate action. This Article examines successful cases — those in which relief sought by the applicants was fully or partially granted — across five continents, providing an “around the world” perspective on the evolution and impact of youth-led climate litigation. Focusing on landmark cases in Australia, Colombia, South Africa, South Korea, and the United States, this analysis highlights the arguments presented by young plaintiffs and the judicial reasoning that supported the relief …

The Procedural Architecture Of Climate Justice: Comparative Lessons From Regional Human Rights Courts, Indira Boutier

National Law School Journal

Climate change, once narrated through scientific data and economic costs, is now unavoidably framed as a question of rights and justice. This article examines how litigation before the African, European, and Inter-American human rights courts makes the procedural dimensions of climate justice visible. Procedural justice here is understood capaciously and includes not only rules of access, standing, and evidence, but also the recognition of corporations as duty bearers in transnational accountability regimes. A comparison of the three regions shows how colonial legacies, institutional architectures, and political economies shape the channels through which communities can contest climate harm. Litigation emerges less …

An Exhibition And Protest Of Executions In Iran, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

An exhibition and protest of executions in Iran was held in Washington, D.C. in June 2025. Portraits of 2000 men and women who were killed or executed in Iran since the 1980s were displayed on the National Mall in front of the Capitol. The Iranian Resistance estimates that 30,000 activists were massacred in one period in 1988. Executions of prisoners have continued steadily, making Iran the world’s leading executioner of men and women. In recent years, there has been a sharp escalation in the number of executions of prisoners. A United Nations Special Rapporteur reported that over 800 persons were …

From The Editor In Chief, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

Welcome to the Summer 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific Challenges, Russia-Ukraine Issues, and Historical Studies).

Parameters Summer 2025, Usawc Press

The US Army War College Quarterly: Parameters

Welcome to the Summer 2025 issue of Parameters. This issue consists of an In Focus special commentary, three forums (Indo-Pacific Challenges, Russia-Ukraine Issues, and Historical Studies).

Thailand V. Katanyu Muenkhamruang “Pan”, Andrew Khoo, Human Rights Institute

Human Rights Institute

The criminal proceedings against Ms. Katanyu Muenkhamruang (“Pan”), a 27-year-old Thai student and pro-democracy activist, violated international fair trial standards and Thailand’s human rights obligations under the International Covenant on Civil and Political Rights (ICCPR). Pan was convicted under Thailand’s sedition law and the Computer-Related Crimes Act for Facebook posts promoting peaceful anti-government protests in 2021. The trial revealed numerous due process violations, including violation of the presumption of innocence, reliance on unsubstantiated claims, and a lack of reasoned judgment. Despite the absence of direct evidence linking Pan to the alleged posts, the court inferred guilt, and arbitrarily disregarded exculpatory …

International Abolitionist Advocacy: The Rise Of Global Networks To Advance Human Rights And The Promise Of The Worldwide Campaign To Abolish Capital Punishment, John D. Bessler

All Faculty Scholarship

The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly's adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ("NGOs"), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past …

آثار نزع الملكية للمنفعة العامة على حقّ الملكية الخاصة في النظام السعودي

UAEU Law Journal

Abstract

The decisions of private property expropriation for the public interest, issued by administrative authorities, are among the most important practical applications, that clarify the nature of the relationship between administrative authorities and individuals, as the principle of public benefit is used as a justification for the expropriation of private property against the will of the individual. The aim of this study is to investigate the legality of decisions to expropriate private property for the public interest. Such decisions are closely related to a basic human right (the right of ownership), which necessitates examining the meaning of public interest, and …

Critical Praxis For Transnational Movement-Lawyering, Kelsey Jost-Creegan

Pepperdine Law Review

This Article seeks to identify new ways to respond to critiques of international human rights practice as hierarchy-reproducing, extractive, and imperialist. It proposes one model for how human rights lawyers can better work in solidarity with oppressed communities organizing around common grievances: transnational movement-lawyering. While the framing of community-led lawyering has become rapidly popularized in the human rights field, work remains to ensure that this theoretical and discursive shift translates into a transformation of the day-to-day mechanics of human rights practice. This Article seeks to identify concrete ways to apply critical theory and participatory methodologies to human rights practice. Part …

The Human Dimension Of "Home", Robert A. Destro

Catholic University Law Review

All societies provide a legal framework that protects the pivotal functions of home and family. None provide a clear legal definition of “home”. Nor, this article argues, can they. “Home” is a concept rooted in the lived experience of human persons. In this article, the second in a series, the author employs the “human dimension” [HDIM] concept, initially developed by the U.S. military and later adopted by the Organization for Security and Cooperation in Europe, as the lens through which one can examine the “human element” of human rights. The framework for this analysis is the “four clusters of value-types” …

Toward A Global Consensus On The "S" In Esg: Strengthening Human Rights And Corporate Accountability Through Global Governance, Emma O'Connor

Pace International Law Review

This paper argues that the international community, led by the United Nations, must develop a coherent global framework for the “S” in Environmental, Social, Governance (ESG) to strengthen corporate accountability and human rights protections. While environmental metrics in ESG have gained global traction, the social pillar remains fragmented, inconsistently defined, and weakly enforced, opening the door to impact washing, where companies misrepresent or exaggerate their positive social impact. Drawing from international, regional, and domestic case studies, this paper illustrates how this incoherence leads to economic, ethical, and operational harms for businesses and the global community. It argues that public governance …

Forced Adoptions Of Ukrainian Children From An International Human Rights And Humanitarian Law Perspective, Ines Gillich

Pace International Law Review

The article analyzes the legality of the Russian practice of forced adoptions of Ukrainian children from an international human rights and humanitarian law perspective. It argues that while the relocation of children from conflict zones to safe areas is generally lawful under international law, these measures must only be temporary, and persons abducted must be returned as soon as possible. This article also argues that human rights obligations must be read in the light of international humanitarian law, which is the lex specialis applicable in armed conflicts. The article concludes that any permanent measures against the will of the children …

Monitoring Academic Freedom: Reflections For Advocates, Andrea Boggio

Politics, Law, and Society Faculty Journal Articles

This paper reflects on the challenges and opportunities of academic freedom monitoring from an advocacy perspective. Based on the review of two existing academic freedom indexes and the author’s experience building scientific freedom indicators, the paper discusses three challenges: conceptual, methodological, and political. The conceptual challenges are of four kinds: undertheorization, complexity, necessity of specification, and variation. The paper concludes by identifying three strategies (theory-building, interoperability, and cosmopolitanism) to strengthen monitoring and make it a more effective advocacy tool.

The Right To Grow Old, Jamal Greene

Faculty Scholarship

This chapter considers the status of a constitutional “right to grow old” under the US Constitution. Understood as a “positive” right – ensuring a certain minimum quality of life to people as they face the challenges of aging – such a right may seem unavailing given the austerity in respect to such rights that many lawyers associate with the US constitutional tradition. This chapter shows this view to be premature, at least. Unlike the kinds of positive rights overtly rejected in prior cases, such as rights to certain forms of social welfare or to racial equality, a right to grow …