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Articles 1531 - 1560 of 2109

Full-Text Articles in Human Rights Law

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett Jul 2016

Confronting Race And Collateral Consequences In Public Housing, Ann Cammett

Seattle University Law Review

Access to affordable housing is one of the most critical issues currently facing low-income families. In many urban areas, rising costs, dwindling economic opportunity, and gentrification have foreclosed access to previously available rental stock and contributed to a crisis in housing. For African Americans lingering economic disparities arising from generations of forced racial segregation and the disproportional impact of mass incarceration have magnified these problems. In this Article I explore legal barriers to publicly subsidized housing, a “collateral consequence” of criminal convictions that increasingly serves as a powerful form of housing discrimination. Evictions, denial of admission, and permanent exclusion of …

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The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl Jul 2016

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Scholarly Articles

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …

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International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond Jul 2016

International Accountability In U.S. Law: A Call For Legislation, Jonah Diamond

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh Jul 2016

My Body, My Property, My Baby? The Extension Of Property Rights To Sexual Reproductive Cells And Embryos, Chanel Vegh

Cardozo Public Law, Policy & Ethics Journal

No abstract provided.

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Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas Jun 2016

Imagined Identities: Defining The Racial Group In The Crime Of Genocide, Carola Lingaas

Genocide Studies and Prevention: An International Journal

The provisions on genocide protect four exclusive, amongst others the racial, groups. Yet, international criminal tribunals are manifestly uncomfortable with collective groupings and interpret ‘race’ rather inconsistently. Nevertheless, there is a tendency to a subjective approach based upon the perpetrator’s perception of the targeted group. The victim’s membership is accordingly not determined objectively, but by the perception of differentness. This article incorporates the theory of imagined identities into law, thereby providing tribunals with a tool to define ‘race’. Its essence is that even if the group does not exist, it must be granted protection because of its perceived and thereby …

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When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani Jun 2016

When Is A Trafficking Victim A Trafficking Victim? Anti-Prostitution Statutes And Victim Protection, Michele Boggiani

Cleveland State Law Review

Victims of sex-market trafficking are often criminalized under anti-prostitution statutes rather than protected under anti-trafficking laws. As a result, trafficking victims suffer ramifications resulting from both the exploitation of their captors and the social stigma of criminalization. The combined hardships make it exponentially more difficult for victims to overcome their past and safely reintegrate into society. This Article first identifies the sources of the double-victimization problem, including the perpetuated stereotypes regarding trafficking victims and the methods of exploitation, inadequate law enforcement training, and statutes that conflate sex-market victims with prostitution. Having identified the source of the problem, the author proposes …

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Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon May 2016

Juvenile Justice Reform In Texas: The Context, Content & Consequences Of Senate Bill 1630, Sara A. Gordon

Journal of Legislation

No abstract provided.

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Examining The Relationship Between Physical And Sexual Abuse And Mental Illnesses Among Female Inmates: Revising The Mental Health Care Process In Prisons, Josie Klepper May 2016

Examining The Relationship Between Physical And Sexual Abuse And Mental Illnesses Among Female Inmates: Revising The Mental Health Care Process In Prisons, Josie Klepper

Undergraduate Honors Theses

Females are becoming a prominent population within America’s correctional facilities, which has led to incarcerated females increasingly becoming the popular subjects of more recent research. Along with the growing population of female inmates, the rates of sexual and physical victimization reported by incarcerated females is rapidly growing. The purpose of this project is to evaluate the pre-established correlation between mental health diagnoses, and the prior physical and/or sexual abuse of female inmates within the custody of correctional institutions, outline the current treatment process, and devise a revision of the treatment process in order to improve the future of mental health …

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Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble Apr 2016

Prostitution Policy: Legalization, Decriminalization And The Nordic Model, Ane Mathieson, Easton Branam, Anya Noble

Seattle Journal for Social Justice

No abstract provided.

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Don’T Risk It; Wait Until She’S Sober, Patrick John White Apr 2016

Don’T Risk It; Wait Until She’S Sober, Patrick John White

Seattle Journal for Social Justice

No abstract provided.

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Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves Apr 2016

Let’S Talk About Sex: A Call For Guardianship Reform In Washington State, Sage Graves

Seattle Journal for Social Justice

No abstract provided.

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Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra Apr 2016

Living Under The Boot: Militarization And Peaceful Protest, Charlotte Guerra

Seattle Journal for Social Justice

No abstract provided.

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Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada Apr 2016

Let’S Invest In People, Not Prisons: How Washington State Should Address Its Ex-Offender Unemployment Rate, Sara Taboada

Seattle Journal for Social Justice

No abstract provided.

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His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert Apr 2016

His Feminist Facade: The Neoliberal Co-Option Of The Feminist Movement, Anjilee Dodge, Myani Gilbert

Seattle Journal for Social Justice

No abstract provided.

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In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward Apr 2016

In Her Words: Recognizing And Preventing Abusive Litigation Against Domestic Violence Survivors, David Ward

Seattle Journal for Social Justice

No abstract provided.

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Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen Apr 2016

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

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Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee Apr 2016

Persistence And Resistance: Women’S Leadership And Ending Gender-Based Violence In Guatemala, Serena Cosgrove, Kristi Lee

Seattle Journal for Social Justice

No abstract provided.

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Police Misconduct - A Plaintiff's Point Of View, Fred Brewington Apr 2016

Police Misconduct - A Plaintiff's Point Of View, Fred Brewington

Touro Law Review

No abstract provided.

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Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

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Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock Apr 2016

Under The Needle: Ergonomic Issues With Lethal Injection Protocols, Gabriella Hancock

Human Factors and Applied Psychology Student Conference

The institution of capital punishment represents one of the most contentious issues affecting societies today; and while the practice is only implemented in 58 countries, the controversy affects the world at large as over 60% of the human population lives in nations that condone the death penalty (Hali, 2015). In the United States, people who support capital punishment believe the practice to be an effective crime deterrent for potential criminals and therefore a prospective protective measure for law abiding citizens. Moreover, advocates defend their position by forwarding the argument that executions are ‘humane’; that use of lethal injection ensures that …

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What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe Apr 2016

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe

Cardozo Journal of International and Comparative Law

The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …

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Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann Mar 2016

Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

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Humane Proposals For Swift And Painless Death, Bryce Buchmann Mar 2016

Humane Proposals For Swift And Painless Death, Bryce Buchmann

Richmond Public Interest Law Review

This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.

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Humane Proposals For Swift And Painless Death, Bryce Buchmann Mar 2016

Humane Proposals For Swift And Painless Death, Bryce Buchmann

Law Student Publications

This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.

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Humane Proposals For Swift And Painless Death, Bryce Buchmann Mar 2016

Humane Proposals For Swift And Painless Death, Bryce Buchmann

Richmond Journal of Law and the Public Interest

This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.

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What's Going On In Our Prisons?, Michael B. Mushlin Jan 2016

What's Going On In Our Prisons?, Michael B. Mushlin

Elisabeth Haub School of Law Faculty Publications

Additional governmental oversight is urgently needed to truly change the culture of a system that holds 53,000 inmates across 54 prisons in New York State. What goes on inside these prisons is largely hidden from view, and there is little accountability for wrongdoing. The State Legislature should follow the A.B.A.’s guidance and establish a monitoring body with unfettered access to prison facilities, staff, inmates and records in announced or unannounced visits.

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Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates The International Covenant On Civil And Political Rights, Layla Medina Jan 2016

Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates The International Covenant On Civil And Political Rights, Layla Medina

American University International Law Review

No abstract provided.

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Victims Who Victimise, Mark A. Drumbl Jan 2016

Victims Who Victimise, Mark A. Drumbl

Scholarly Articles

How to speak of the agency of the oppressed to harm others in times of atrocity? This article juxtaposes Holocaust literature (Levi, Frankl, Kertesz, Ka-Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court.

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The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford Jan 2016

The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

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Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii Jan 2016

Policing In The Era Of Permissiveness: Mitigating Misconduct Through Third-Party Standing, Julian A. Cook Iii

Brooklyn Law Review

On April 4, 2015, Walter L. Scott was driving his vehicle when he was stopped by Officer Michael T. Slager of the North Charleston, South Carolina, police department for a broken taillight. A dash cam video from the officer’s vehicle showed the two men engaged in what appeared to be a rather routine verbal exchange. Sometime after Slager returned to his vehicle, Scott exited his car and ran away from Slager, prompting the officer to pursue him on foot. After he caught up with Scott in a grassy field near a muffler establishment, a scuffle between the men ensued, purportedly …

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