Human Rights Law Commons^™

Access To Justice: Accelerating The Abandonment Of Fgm/C, Gretchen Kail

Cardozo Journal of Conflict Resolution

This Note discusses the role comprehensive legislation traditionally plays through a top-down approach and proposes the use of bottom-up approaches to better leverage national laws and new legal norms to support collective societal action. The discussion views legislation and FGM/C through a social norm lens: "a comprehensive, multi-sectorial, culturally sensitive approach that incorporates a social perspective to impact collective change."

Section II of this Note defines FGMIC as a health issue, a human rights violation, and a social norm. Section III discusses relevant international and regional human rights frameworks; state obligations; divergent views on the effects and usefulness of national …

Alternatives To Immigration Detention, Fatma E. Marouf

Cardozo Law Review

The United States places over 440,000 people each year in immigration detention, far more than any other country in the world. This Article argues that there are compelling humanitarian and financial reasons to utilize more alternatives to detention. It examines the strengths and limitations of existing alternatives, including the need to develop more community-based case management programs and to rely less on electronic monitoring. The Article then sets forth several legal arguments under the Constitution, Rehabilitation Act, and international human rights law for requiring greater consideration of alternatives to detention.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

An Empirical Assessment Of Georgia’S Beyond A Reasonable Doubt Standard To Determine Intellectual Disability In Capital Cases, Lauren Sudeall Lucas

Georgia State University Law Review

In Atkins v. Virginia, the Supreme Court held that execution of people with intellectual disabilities violates the Eighth Amendment’s prohibition on cruel and unusual punishment. In doing so, the Court explicitly left to the states the question of which procedures would be used to identify such defendants as exempt from the death penalty. More than a decade before Atkins, Georgia was the first state to bar execution of people with intellectual disability. Yet, of the states that continue to impose the death penalty as a punishment for capital murder, Georgia is the only state that requires capital defendants …

A Promise Unfulfilled: Challenges To Georgia’S Death Penalty Statute Post-Furman, William Cody Newsome

Georgia State University Law Review

In Furman v. Georgia, the U.S. Supreme Court agreed with Furman’s counsel. Three Justices agreed that Georgia law, as applied, was arbitrary and potentially discriminatory. Moreover, one Justice challenged the value of the death penalty and doubted it served any of the alleged purposes for which it was employed.

Although many challenges subsequent to Furman have been raised and arguably resolved by the Court, the underlying challenges raised by Furman appear to remain prevalent with the Court. Justice Breyer recently echoed the concurring opinions of Furman in his dissenting opinion from Glossip v. Gross, when he stated: “In …

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Toward A Science Of Torture?, Maxwell Gregg Bloche

Georgetown Law Faculty Publications and Other Works

Does torture “work?” Proponents, including President Trump and the architects of CIA “Enhanced Interrogation” say it does, by breaking terrorists' resistance to revealing information that saves lives. Torture's foes typically dismiss this claim as false to the point of fraud--fortuitous coincidence with torture's unlawfulness. Neither view, I argue herein, rests firmly on evidence. Rival anecdotes, not data, have, so far, driven this debate. And a scientific answer is beyond our reach, since: (1) rigorous comparison between interrogation methods that do and don't involve torture isn't possible, and (2) studies of this sort would be transparently unethical. This hasn't stopped the …

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The President's Role In Advancing Criminal Justice Reform, Barack Obama

United States Department of Justice: Publications

Criminal justice is a complex system, administered at all levels of government and shaped by a range of actors. Thanks to the dedicated efforts of so many in my Administration, the bipartisan push for reform from federal, state, and local officials, and the work of so many committed citizens outside government, America has made important strides. We have reduced overlong sentences for offenders and removed barriers for those with criminal records. We have made progress in helping people, especially young people, avoid getting entangled in the justice system in the first place. This Commentary talks about those achievements — and …

Online Dispute Resolution: Stinky, Repugnant, Or Drab, Robert J. Condlin

Cardozo Journal of Conflict Resolution

In Part II, I provide a brief overview of ODR systems, describing the largest, most well-known, and most sophisticated platforms now in place, to give the reader a sense of the- richness, variety, and benefits of online disputing, and a hint of developments still to come. In Part III, I describe certain legal, political, and moral concerns that have yet to be addressed in the ODR literature, and identify some of the unintended consequences the widespread adoption of ODR systems might produce. And in Part IV, I describe ODR's unfinished agenda, the questions proponents of the process must answer, and …

From Credibility Issues To Collusion With Russia: The Dangers Posed By The Spread Of "Fake News" And What We Can Do About It, Brynne Morningstar

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish

Public Interest Law Reporter

No abstract provided.

Reproductive Healthcare Under A New Administration, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.

Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.

"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.

Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan

Public Interest Law Reporter

No abstract provided.

The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part two of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau ("CFPB") have solved predatory lending and ended the possibility of another subprime debacle. Part one covered how predatory lending harmed minority, low-income, and immigrant communities, and was a main cause of the 2008 economic collapse. Part two will show how the CFPB was built to stop and prevent predatory lending and another subprime debacle. The enactment and implementation of Dodd-Frank and the CFPB have improved the mortgage market. However, politicians and lawmakers, notably President Donald Trump …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin

Public Interest Law Reporter

No abstract provided.

Universal Basic Income: The New Safety Net?, Joseph Camper

Public Interest Law Reporter

No abstract provided.

Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.

New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka

Public Interest Law Reporter

No abstract provided.

How Can Big Data Impact Affordable Housing?., Kara Simon

Public Interest Law Reporter

No abstract provided.

The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek

Public Interest Law Reporter

The Post-9/11 Veterans' Educational Assistance Act of 2008 ("Post-9/11 GI Bill") went into-effect in 2009. Since 2013, about 800,000 service men and women have taken advantage of their Post-9/11 GI Bill benefits, and 80% of GI Bill spending is attributed to the Post-9/11 GI Bill. Though educational benefits are provided, at varying rates to veterans who served after September 10, 2001, about 26% of veterans aged 25 or older have a bachelor's degree compared to 28% of the total population. There are several factors that contribute to veteran's attainability of a degree including adjusting to life outside of the military …

Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman

Public Interest Law Reporter

No abstract provided.

Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez

Public Interest Law Reporter

No abstract provided.