Human Rights Law Commons^™

Religious Persecution In Communist Albania Through Constitutional And Legal Acts, Sadik Haxhiu, Besard Belegu, Artan Fejzullahu

Occasional Papers on Religion in Eastern Europe

Following the victory of the communist regime in 1944, the new Albanian state built its institutions on a materialist worldview that stood in direct opposition to the universal principles of freedom of conscience and religious belief. The state progressively restricted religious practice until it banned it altogether. This anti-religious campaign proceeded along two tracks: anti-religious political propaganda and the adoption of legal acts prohibiting the practice of religion. A 1967 decree-law banned religious belief outright, and the 1976 Constitution declared Albania the first atheist state in the world. This paper is based on an analysis of legal acts, scholarly literature, …

Masthead

Seattle University Law Review

No abstract provided.

Table Of Contents

Seattle University Law Review

No abstract provided.

Converting Buildings Is Hard: Why Seattle’S Municipal Government Should Streamline Commercial-To-Residential Conversions, Tyler M. King

Seattle University Law Review

The conversion of commercial buildings into housing is a promising solution to the growing housing crisis in many urban areas. However, despite its potential benefits, the process of repurposing commercial spaces is often stymied by complex zoning codes, high conversion costs, and bureaucratic hurdles. This Article argues that the local and state governments in Seattle should adopt more streamlined policies and offer greater incentives to developers to facilitate these conversions. By reforming zoning regulations and providing targeted financial support, municipalities can reduce the barriers to conversion and unlock the potential of underutilized commercial properties. This article examines the legal and …

Getting Money Out Of Politics By Putting Money Into Politics: A Few Modest Proposals To Reform Seattle’S Democracy Voucher Program, Decker O’Donnell

Seattle University Law Review

Seattle’s Democracy Voucher Program offers an unconventional response to the growing influence of money in American elections: rather than restricting political spending, it seeks to amplify the participation of ordinary voters by providing publicly funded vouchers that residents may assign to participating candidates. This Article examines the program’s development, operation, and constitutional foundation within the modern campaign-finance framework established by Buckley v. Valeo and subsequent Supreme Court decisions. It argues that democracy vouchers provide a constitutionally viable means of broadening participation in campaign financing while mitigating the influence of wealthy donors. The Article identifies two weaknesses in the current system: …

Legal Malpractice In Washington: Use Of The Rules Of Professional Conduct, Angelo Tadrous

Seattle University Law Review

Legal malpractice claims are difficult to prove. They are difficult to prove because many jurisdictions require that a plaintiff prove that, but for the lawyer’s misconduct, the client would have fared better. Thus, in a malpractice suit, a plaintiff must try a case within a case. Despite this difficulty, many jurisdictions prohibit the use of the Rules of Professional Conduct when litigating a malpractice case. Washington State is one of these jurisdictions. The Washington Supreme Court held in Hizey v. Carpenter that the Rules of Professional Conduct may not be referred to during trial. This Note argues that this prohibition …

Who Decides The Dead? Interpreting Washington’S Disposition Of Remains Statute, Wyatt Young

Seattle University Law Review

Washington’s disposition-of-remains statute, RCW 68.50.160, is designed to honor a decedent’s expressed wishes regarding the control and disposition of their body after death. Yet recent litigation reveals a critical gap between the statute’s intent-centered design and its practical enforceability. In Larotonda v. Blackburn, a trial court acknowledged that irreparable harm would occur if a decedent’s burial wishes were ignored but nonetheless denied relief on the grounds that the individual designated to carry out those wishes lacked standing. The result was a legal paradox: a statute that recognizes decedent autonomy in theory but withholds any meaningful mechanism for its enforcement …

Criminalizing Environmental Defenders In Indonesia’S Extractive Development: A Green Criminology Perspective, Raihan Muhammad

Jurnal Kriminologi Indonesia

This article examines how extractive development in Indonesia contributes to the criminalization of environmental defenders from a green criminology perspective. The study departs from the growing trend of intimidation, criminalization, violence, and legal retaliation experienced by communities resisting environmentally destructive projects in mining, coastal reclamation, plantation expansion, and National Strategic Projects (PSN). Using a qualitative socio-legal approach, this research analyzes statutory regulations, policy instruments, court decisions, academic literature, civil society reports, and documented cases related to environmental conflicts and environmental defenders in Indonesia. Data were collected through a literature review and document analysis, then analyzed using qualitative content analysis within …

Elite Mobilisation And Norm Contestation In A Pluralistic Legal System: A Case Study Of The Gambia, Oumie Njie, Abdou Barrow

Global: Jurnal Politik Internasional

This paper examines elite mobilisation and norm contestation within The Gambia's pluralistic legal framework, encompassing common, customary, and Sharia law, in the context of implementing the Convention on the Rights of the Child (CRC). Despite ratification and domestic legislation, implementation has been significantly challenged by religious leaders and traditional authorities who mobilised resistance against key CRC provisions, including prohibitions on child marriage, child labour, and female genital mutilation (FGM), citing incompatibility with local customs and beliefs. This resistance manifested both implicitly through neglect and explicitly through direct contestation. The paper highlights the tension between civil society organisations and international human …

Review Essay: Human Security And Civilian Protection During Violent Conflict, Lauren Spink

The Journal of Social Encounters

No abstract provided.

Uganda’S Two Tyrants, Helen Epstein

The Journal of Social Encounters

No abstract provided.

The Rights Of Religious Minorities In Sudan: A Case Study Of Armenians, Jon Armajani

The Journal of Social Encounters

This essay examines the constitutions of the Republic of Sudan and minority rights, with a focus on Armenians in that country.  It provides (1) the demographics of Sudan; (2) an overview of the Armenians of Sudan; (3) a history of Sudan’s constitutions; (4) an analysis of their provisions and related laws on minority rights, citizenship, naturalization, and inheritance; (5) an overview of Sudan’s civil war, which began on April 15, 2023, and (6) a concluding section which analyzes risks to Armenians and other religious and ethnic minorities in Sudan.

The Right To Have Rights In United States Territories, Anthony M. Ciolli

Kentucky Law Journal

No abstract provided.

Summary Report: Second Conference On Attribution Science And Climate Law, Jessica A. Wentz

Sabin Center for Climate Change Law

The Sabin Center for Climate Change Law and the Columbia Climate School hosted the Second Conference on Attribution Science and Climate Law at Columbia University on June 10–11, 2026. This event brought together an interdisciplinary group of researchers and practitioners to discuss recent developments in attribution science and the field’s relevance to climate law and policy. Participants included physical scientists, public health researchers, economists, social scientists, legal scholars, advocates, and policy experts. This report provides a written summary of the conference proceedings.

The Confluence Of Conflict-Induced Vulnerability, Organized Crime, And Sex Trafficking In Receiving States: A South African Civil Society Perspective, Monique Emser

Dignity: A Journal of Analysis of Exploitation and Violence

The crime-conflict nexus has been well-documented in conflict-affected and post-conflict states. Criminal networks make use of manifold methods and strategies to exploit individual and structural vulnerabilities, particularly those affected by war, displacement, and precarious migration journeys, forming the backbone of most conflict-induced trafficking ecosystems, whether in countries of origin, transit, or receipt. This article examines the intersection of sex trafficking, diaspora communities, and organized crime within South Africa as a receiving state from a civil society perspective. It underscores the deficiencies in traditional, reductionist, enforcement-based approaches to counter-trafficking by the state, where nested subsystems, such as those produced by endemic …

Cyberattacks And The Challenges Of Applying International Humanitarian Law: An Analytical Study In Traditional Rules And Diplomatic Solutions, Mohamed Ibrahim Abdelnabi

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the inadequacy of the current legal framework of international humanitarian law in protecting civilians from the risks of cyberattacks, and analyzes the devastating humanitarian impacts of communications shutdowns and digital attacks on critical infrastructure such as hospitals. The research concludes that legal frameworks need to be modernized, international cooperation strengthened, and effective international accountability mechanisms developed to bridge the protection gap that exists in the digital age and ensure that perpetrators of these violations do not go unpunished.

Acts Of Sovereignty In Light Of Administrative And Constitutional Juisprudence In Palestine, Osayd Awawda, Bassam Qawasmeh

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

This paper examines the concept of acts of sovereignty within the Palestinian legal system by analyzing its application in administrative and constitutional adjudication, particularly in cases arising from the 2021 presidential decree postponing the general elections. The paper presents the arguments advanced by the parties before the administrative courts and the Supreme Constitutional Court, and evaluates the extent to which the judicial rulings align with constitutional principles, especially the right to litigation and the right to political participation, including voting and candidacy. The paper also discusses the theoretical and practical foundations for excluding acts of sovereignty from judicial review, and …

The State’S Responsibility To Prevent And Investigate Violations Of The Right To Life In The Beirut Port Explosion, Ali Wehbi Dib

BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية

The right to life is recognised in International Human Rights Law (IHRL) as the "supreme right." It is considered a jus cogens norm, fundamental for both individuals and society as a whole. IHRL provides a general guarantee of the right to life. To effectively protect it, the state must take all feasible measures to prevent violations of the right to life and to respond to them. This includes investigating incidents and, when appropriate, prosecuting and punishing those responsible.

The Beirut Port explosion on 4 August 2020 was one of the most powerful non-nuclear explosions in history. It resulted in the …

Pounding At The Door: The First Circuit Denies Asylum In The First Case On Climate Refugees In Cruz Galicia V. Garland, Marissa O. Wong

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Pengabaian Hak Cipta Musik Dalam Pelatihan Algoritma Artificial Intelligence: Analisis Penggandaan Karya Dan Implikasi Hak Moral Pencipta, Adi Jaya, Reni B. Setianingrum

Jurnal Hukum & Pembangunan

The development of Artificial Intelligence in the music industry raises new legal challenges within copyright law, particulary regarding the use of copyrighted musical works as training data for AI algorithms, AI training processes typically involve digital reproduction, dataset storage, and musical pattern extraction, often conducted without consent or attribution, thereby posing risks to the protection of authors moral rights. This article examines whether AI training activities ca be legally classified as reproduction under Indonesia’s Copyright Law (Law No. 28 of 2014) and analyzes their implications for the protection of moral rights. Using a normative legal research method with statutory, conceptual, …

Kedudukan Hukum Perjanjian Jual Beli Tanah Ulayat Dalam Sistem Hukum Perdata Indonesia, Yeni Oktafia

Jurnal Hukum & Pembangunan

Under Article 1457 of the Indonesian Civil Code, a sale and purchase agreement creates reciprocal rights and obligations between the parties. In Indonesian land law practice, however, transactions involving customary land (tanah ulayat) present legal complexities due to its communal nature and governance by indigenous law communities, coupled with the absence of explicit regulation in the Civil Code and the plurality of customary law systems. This research examines the legal position and juridical implications of tanah ulayat sale and purchase agreements within Indonesian civil law while acknowledging the continued applicability of customary law. Employing a normative legal research method with …

Optimalisasi Rehabilitation And Resettlement Demi Pemulihan Hak Penghidupan Layak Dalam Pengadaan Tanah Untuk Kepentingan Umum Di Indonesia, Dyan Franciska Dumaris Sitanggang

Jurnal Hukum & Pembangunan

Land acquisition for public purposes should balance development goals with the protection of human rights, particularly those of vulnerable communities. However, Indonesia’s legal framework has not fully incorporated a rights-based approach that ensures sustainable livelihoods for affected populations. This article proposes the adoption of a comprehensive Resettlement and Rehabilitation (R&R) approach, with reference to India’s legislative model, that goes beyond relocation by ensuring proper resettlement and long-term livelihood rehabilitation. Special consideration should be given to indigenous peoples affected by land acquisition on customary lands. The study recommends strengthening community participation from the planning stage, improving coordination among relevant government institutions, …

Pour Une Théorie Générale Des Libertés Publiques Au Liban, Georges J. Assaf

Proche-Orient, Études juridiques

No abstract provided.

Le Statut Successoral Des Enfants Illégitimes En Droit Libanais, Roula Zahar

Proche-Orient, Études juridiques

No abstract provided.

How Rude?: Prohibitions On Insults And Abuse In International Human Rights Complaint Proceedings, Lisa Reinsberg

Northwestern Journal of Human Rights

May international human rights mechanisms close their doors to individuals who insult their members or Member States? Several do so, but the basis, scope, and impact of such rejections remain mostly unexamined. This article maps the relevant practices of regional and United Nations human rights bodies and compares them to other courts’ responses to contempt of court or vexatious litigation, to understand whether this admissibility criterion is a proper application of the prohibition on abuse of the right of petition or a legitimate exercise of a human rights body’s inherent powers. Three approaches emerge: ignore, balance, and punish. While the …

Support The Icc As A Vital Court Of Last Resort For Victims Of Grave International Crimes, Jocelyn Getgen Kestenbaum, Gabor Rona

Online Publications

This public statement, issued on International Justice Day (July 17, 2026), affirms support for the International Criminal Court (ICC) as an independent judicial institution and a court of last resort for victims of genocide, crimes against humanity, war crimes, and the crime of aggression. Signed by more than 100 organizations and individuals, including legal scholars, practitioners, human rights advocates, and civil society organizations, the statement expresses concern over efforts to undermine the ICC's independence and functioning. It calls on the United States to reaffirm its longstanding commitment to the rule of law, judicial independence, and international accountability, emphasizing the importance …

A Review Of Juvenile Solitary Confinement In The United States: Why Developmental Science Supports Banning Isolation Of Youth, Morgan R. Wagner, Krystia Reed, April Thomas

Northwestern Journal of Human Rights

The use of solitary confinement in carceral settings has been prevalent in the United States for as long as the justice system has been in place. The practice of isolating people who are incarcerated from the general prison population was adopted in the juvenile justice system as well, despite the system’s purported focus on rehabilitation. This paper reviews the developmental psychological literature suggesting that solitary confinement can harm adolescents in a variety of ways (psychological, psychosocial, and physical). We then discuss the prevalence of juvenile solitary confinement in federal and state courts. Finally, considering this research, we identify goals for …

Mandating Proactive Algorithmic Accountability: A Study Of Legal, Economic, And Technological Challenges In Combating Human Trafficking On Chinese Social Media Platforms, Haoyu Dong

Northwestern Journal of Human Rights

Human trafficking increasingly relies on digital platforms, where algorithms connect traffickers with buyers, amplify illicit content, and facilitate transactions at an unprecedented scale. Yet China's legal framework remains largely reactive, imposing liability on platforms only after illegal content has been detected and removed. This Article argues that such a notice-and-takedown approach is no longer sufficient to combat trafficking in an algorithm-driven online environment.

This Article proposes a proactive model of algorithmic accountability. It contends that digital platforms should be held legally responsible when they fail to design, monitor, and refine their algorithms to prevent the dissemination and amplification of trafficking-related …

الدين الإسلامي، نظام للسلام, جاسم علي الشامسي

Proche-Orient, Études juridiques

No abstract provided.

اقتراح قانون تعديل قانون العقوبات: هل يلتزم حقوق الإنسان المكرّسة في الاتفاقات الدولية؟, دريد بشراوي

Proche-Orient, Études juridiques

No abstract provided.