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Articles 391 - 420 of 1312
Full-Text Articles in Human Rights Law
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman
Law Student Publications
Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …
Pathways To Justice: Positive Rights, State Constitutions, And Untapped Potential, Dustin Coffman
Pathways To Justice: Positive Rights, State Constitutions, And Untapped Potential, Dustin Coffman
Marquette Benefits and Social Welfare Law Review
Positive rights, as a concept, are nothing new. Though they may not have always had such a deceptively unequivocal name, positive rights have existed in various forms and mediums throughout history. They've been utilized, underutilized, and, in some cases, outright ignored. At their core, positive rights are the imposition of an obligation upon the state to fulfill some declared right or benefit. One basis for this imposition is that because citizens give up certain rights by being parties to the "social contract," they should be entitled to certain positive protections guaranteed by the state created by way of said "contract." …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose
Emory International Law Review Recent Developments
No abstract provided.
Rights, Power, And Inequality, Bryan H. Druzin
Rights, Power, And Inequality, Bryan H. Druzin
Oklahoma Law Review
No abstract provided.
El Borrado Del Sexo: La Captura Global De Las Políticas Sobre Sexo Por Parte De Los Activistas De La Identidad De Género Y Los Efectos Sobre Los Derechos De Las Mujeres Y Las Niñas, Feministas De Europa, Asia, América Del Norte, América Latina Y África, Analía Susana Vitale Rosenbrock
El Borrado Del Sexo: La Captura Global De Las Políticas Sobre Sexo Por Parte De Los Activistas De La Identidad De Género Y Los Efectos Sobre Los Derechos De Las Mujeres Y Las Niñas, Feministas De Europa, Asia, América Del Norte, América Latina Y África, Analía Susana Vitale Rosenbrock
Dignity: A Journal of Analysis of Exploitation and Violence
Este artículo revisa los objetivos, la historia y el impacto de las nuevas políticas de identidad de género. Basadas en los Principios de Yogyakarta, estas nuevas ideas y políticas afectarán profundamente los derechos de las mujeres y las niñas en todo el mundo. Los Principios son un documento de una reunión internacional sobre orientación sexual e identidad de género en 2006. En 2017, el documento se actualizó a los Principios de Yogyakarta Plus 10. Los Principios recomiendan cambios legales por parte de los estados en todo el mundo, lo que resulta en la eliminación del sexo como una …
Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez
Lost Paradise: Colombia’S Failed Promise To Protect Human Rights Defenders, Yessenia Gonzalez
Brooklyn Journal of International Law
On November 24, 2016, Colombia ended a half-century civil war with the Revolutionary Armed Forces of Colombia (FARC) with the signing of the Peace Accord. While there was hope that there would be a new era of peace and reconciliation, Colombia is consistently ranked as the most dangerous country in the world for human rights defenders. As a party to core international human rights treaties that protect the rights to life, physical integrity, and the right to defend human rights, Colombia is obligated to protect these rights and take the necessary preventative measures to protect human rights defenders. Accordingly, Colombia …
Different Countries, Same Homophobia And Transphobia: A Cross-Cultural Survey Of So-Called Conversion Therapy Practices And The Move Toward Legislative Protections For The United States Lgbtq+ Community, Samantha J. Past
Brooklyn Journal of International Law
So-called “conversion therapy” consists of dangerous practices that inflict detrimental, long-lasting effects on its victims. As a form of sexual orientation or gender identity or gender expression change efforts, conversion therapy is fostered by global homophobia and transphobia. Despite formal public rejection and scientific discreditation, conversion therapy providers across the world continue to target LGBTQ+ individuals, predominately under the guise of offering health care services or obeying religious practices. The following piece compares conversion therapy in three countries with recently introduced LGBTQ+ legislation––(1) Ghana; (2) Canada; and (3) the United States (U.S.)–––in order to identify factors furthering conversion therapy and …
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Law School News: Should Prison Be Abolished? 10-6-2022, Michael M. Bowden
Life of the Law School (1993- )
No abstract provided.
Cle Working Paper No. 3/2022--What Is The Test For Interlocutory Injunctions Affecting Homeless Encampments? A Critique Of Vancouver Fraser Port Authority V Brett And Associated Case Law, Stepan Wood
Centre for Law and the Environment
Vancouver Fraser Port Authority v Brett (VFPA v Brett), decided in 2020, marked a new low in judicial responses to the intersecting crises of housing, homelessness, poverty, toxic drugs, mental health, racism and colonialism. By dropping to the ground the already low bar for granting interlocutory injunctions to evict homeless encampments from publicly owned land i n BC, this decision invites a critical assessment of BC courts’ approach to homeless encampment injunctions. In this paper I present the first comprehensive survey of 21st century BC homeless encampment interlocutory injunction applications, which shows that they have an extremely high …
Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula
Confronting State Violence: Lessons From India's Farmer Protests, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In December 2021, following a year of sustained mass protests, farmers in India forced the repeal of three controversial Farm Laws that attempted to deregulate India’s agricultural sector in service of corporate interests. Farmers feared that the laws would dismantle price supports for key crops, jeopardize their livelihoods, and facilitate a corporate takeover of India’s agrarian economy. This Article situates India’s historic farmer protests in the context of the country’s longstanding agrarian crisis and the corporate capture of agriculture worldwide. I argue that the protests arose in response not only to the Farm Laws, but also to decades of state-sponsored …
#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner
#Includetheirstories: Rethinking, Reimagining, And Reshaping Legal Education, Leslie P. Culver, Elizabeth A. Kronk Warner
Utah Law Review
This symposium gathered scholars and practitioners who have been deeply engaged in the work to examine historical roots of the legal profession and discuss best practices for exploring ethnic, gender, and related inequities alongside our law students. It is well established that the legal profession and legal education neither reflect the community they serve nor swiftly respond to the social shifts within the broader society.3 As 2020 grossly revealed, ethnic partiality and division are aches we have yet to really confront and bear. For example, the casebook method format of legal education continues to model Christopher Langdell’s Gilded Age curriculum, …
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Antiracist Lawyering In Practice Begins With The Practice Of Teaching And Learning Antiracism In Law School, Danielle M. Conway
Utah Law Review
I was honored by the invitation to deliver the 2021 Lee E. Teitelbaum keynote address. Dean Teitelbaum was a gentleman and a titan for justice. I am confident the antiracism work ongoing at the S.J. Quinney College of Law would have deeply resonated with him, especially knowing the challenges we are currently facing within and outside of legal education, the legal academy, and the legal profession. I am fortified in this work by Dean Elizabeth Kronk Warner’s commitment to antiracism and associated diversity, equity, and inclusion work. Finally, I applaud the students who serve on the Utah Law Review for …
Creating Broadband Equity In Rural Wisconsin, Brian T. Coe
Creating Broadband Equity In Rural Wisconsin, Brian T. Coe
Marquette Benefits and Social Welfare Law Review
Over 430,000 people throughout the state of Wisconsin cur-rently do not have access to the internet. This "digital divide" is even more prominent in rural communities where broadband is either too slow, too expensive, or simply not available. Wisconsin state law cur-rently restricts local governments from providing this vital utility to their residents. The purpose of this Comment is to help readers un-derstand the impact of Wisconsin law surrounding local government public broadband programs, and how they can be changed to offer a more equitable menu of internet access to rural communities. This Comment will discuss the restrictive statutes that …
Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam
Can Affordable Homes Be Healthy? Legal Strategy, Socio-Legal Studies And Activism In Indonesia, Santy Kouwagam
The Indonesian Journal of Socio-Legal Studies
This article uses two Constitutional Court decisions in Indonesia to exemplify the importance of analysing legal strategies. These decisions declared a rule barring developers from building and selling tiny houses to be unconstitutional and invalid. The article shows that ‘justice’ in legal procedures still needs further definition, and that judges’ elaboration of decisions and their legal reasoning still needs improvement. The article will first discuss the cases, using Legal Strategy analysis. It will then highlight problems with the commoditisation of houses. Finally, it will argue that the problem of unhealthy and unaffordable housing in Indonesia can be resolved, by bringing …
Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava
Minds Circumscribed By Fear. A Review Of Garrisoned Minds: Women And Armed Conflicts In South Asia, Edited By Lazmi Murthy And Mitu Varma, Kushal Srivastava
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Foreword: Centering Intersectionality In Human Rights Discourse, Johanna Bond
Washington and Lee Law Review
In the last decade, intersectionality theory has gained traction as a lens through which to analyze international human rights issues. Intersectionality theory is the notion that multiple systems of oppression intersect in peoples’ lives and are mutually constitutive, meaning that when, for example, race and gender intersect, the experience of discrimination goes beyond the formulaic addition of race discrimination and gender discrimination to produce a unique, intersectional experience of discrimination. The understanding that intersecting systems of oppression affect different groups differently is central to intersectionality theory. As such, the theory invites us to think about inter-group differences (i.e., differences between …
Defining Sexual Orientation: A Proposal For A New Definition, Andrew Park
Defining Sexual Orientation: A Proposal For A New Definition, Andrew Park
Michigan Journal of Gender & Law
Laws prohibiting discrimination based on sexual orientation are becoming more common in all parts of the world. Few of these laws provide useful definitions of the term sexual orientation. As a result, the meaning and impact of these laws remains unclear. This Article reviews past and current definitions of sexual orientation according to how well they incorporate current empirical knowledge of sexual orientation, and how their use in human rights laws impacts the dignity, right to equality, and human development of sexual minorities. The Article gives particular attention to the definition of sexual orientation found in the Yogyakarta Principles which …
United States V. Donziger: How The Mere Appearance Of Judicial Impropriety Harms Us All, Jackie Kushner
United States V. Donziger: How The Mere Appearance Of Judicial Impropriety Harms Us All, Jackie Kushner
Journal of Law and Policy
In 2011, environmentalist lawyer Steven Donziger was sued in a retaliatory lawsuit by the oil company Chevron, following his securement of a multibillion-dollar award against the company for its environmental harms in Ecuador. In a case rife with judicial impropriety, Donziger was ultimately charged with criminal contempt of court and his charges were prosecuted by a private attorney. These suits exemplify the growing problem of powerful corporations using legal tactics to retaliate against activists and undermine the legitimacy of the legal system. Federal judges contribute to the problem by misusing the extensive power they hold in distinguishing criminal from civil …
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Appointing And Training Judges In Egypt And Comparative Systems, Moataz Muhammad Al-Saghir Aidaros
Theses and Dissertations
The topic of the paper is very important, as it comes up at a time when the Egyptians have come to a point that reforming Egypt’s justice system is a hopeless case. This is due to the outdated and inefficient way of thinking and performing in the judiciary. Thus the goal of this paper is to make an intellectual contribution to a sustainable reform program of the Egyptian judiciary and namely the systems of judicial appointment and judicial training using their roles as agents of progress and development. This aspiring research argues that the Higher Council of Judicial Entities and …
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
Disposable Immigrants: The Reality Of Sexual Assault In Immigration Detention Centers, Valerie Gisel Zarate
St. Mary's Law Journal
Abstract forthcoming.
Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel
Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel
Senior Honors Projects, 2020-current
Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …
Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon
Justice For All: Examining Bostock V. Clayton County’S Impact On Louisiana Employment Discrimination Law, Lane Simon
LSU Law Journal for Social Justice & Policy
No abstract provided.
Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy
Louisiana’S Criminal Defense Dilemma: Working Toward A Disaster Resistant Future, Tyler Duffy
LSU Law Journal for Social Justice & Policy
No abstract provided.
Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort
Voting Able: Accessible In-Person Voting For Persons With Disabilities, Keiara T. B. Fort
LSU Law Journal for Social Justice & Policy
No abstract provided.