Human Rights Law Commons^™

Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness In The United States, Eric Tars, Tamar Ezer, Melanie Ng, David Stuzin, Conor Arevalo

Cardozo Law Review

This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to …

The Case For Environmental Human Rights: Recognition, Implementation, And Outcomes, James R. May

Cardozo Law Review

No abstract provided.

Nationalism, Populism, Religion, And The Quest To Reframe Fundamental Rights, Susanna Mancini, Michel Rosenfeld

Cardozo Law Review

The article examines how nationalism and populism have increasingly utilized religion to challenge the principles of institutional secularism, which is foundational to liberal constitutional democracies. It argues that these forces exploit the interplay between religion and secularism to undermine pluralism and promote exclusionary agendas. The analysis highlights the tension between institutional secularism, which seeks to separate state and religion, and the contemporary repoliticization of religion, which threatens the pluralistic ethos essential to liberal constitutionalism.

Religious Neutrality, Laïcité And Colorblindness: A Comparative Analysis, Stéphanie Hennette-Vauchez

Cardozo Law Review

No abstract provided.

Multinational Corporations' Responsibility For Tortious And Human Rights Violations: A Comparative Study, Fatemeh Bagherzadeh

Cardozo International & Comparative Law Review

Many legal systems make it hard for the victims of human rights violations of multinational corporations to have access to their judicial systems. Multinational corporations are so powerful that they can form our lives and also escape liabilities for the damages caused by their activities. The limited liability theory of corporate law enables the parent company of a corporate group to enjoy privileges and avoid its responsibilities for human rights violations. Recently, litigators and human rights activists are trying to hold multinational corporations liable by expanding some well-established, but infrequent applicable theories such as "piercing the corporate veil" theory. Courts …

2021 Spring - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Spring 2021 issue of the CLIHHR Newsletter highlights major institutional milestones and advocacy efforts during a period of global and political transition. It features Professor Richard H. Weisberg’s transition to emeritus status, successful litigation challenging sanctions against the International Criminal Court, student fellowship and clinic project achievements, virtual alumni engagement, and public programming on sanctions, religious freedom, mass incarceration, and farmers’ rights. The newsletter reflects CLIHHR’s continued commitment to human rights education, international justice, and accountability in a remote learning environment.

A Concept Of Shared Principles And The Constitutional Homogeneity In Europe: The Case Of Subsidiarity, Volker Roeben

Cardozo International & Comparative Law Review

The article explores the concept of subsidiarity as a shared legal principle in both the European Union (EU) and German law, focusing on its role in ensuring the accountability of central authority while safeguarding the autonomy of peripheral legislatures. It highlights the convergence of the Court of Justice of the European Union (CJEU) and the German Federal Constitutional Court (FCC) on a rationale of legality, aimed at preventing central overreach into peripheral competences. Despite this alignment, the article notes divergent outcomes in the application of subsidiarity, with the FCC more frequently invalidating federal legislation compared to the CJEU's more restrained …

Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez

Cardozo International & Comparative Law Review

The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.

Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan

Cardozo International & Comparative Law Review

The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …

Counterterrorism 2.0, Deborah Pearlstein

Articles

Are there any lessons to be gleaned for combatting the rising threat of white nationalist terrorism today from the U.S. response to the attacks of 9/11 twenty years on? This symposium reflection suggests that among the most important lessons may be in avoiding the conceptually defining characteristics of the early U.S. response in 2001. Detainee torture and abuse, the embrace of trial by newly formed military commission, and other misguided policies and practices whose effects are still felt today were set in motion in the first few weeks after the attacks, driven by the instinct to do something, bolstered by …

India's Aadhaar Card - A Violation Of Indian Citizen's Right To Privacy, Sonal Chhugani

Cardozo International & Comparative Law Review

The article examines the implications of India's Aadhaar Card program, arguing that while it may comply with Indian law, it violates the right to privacy under Article 17 of the International Covenant on Civil and Political Rights (ICCPR). The Aadhaar Card, a mandatory biometric identification system, centralizes vast amounts of citizen data, posing significant risks to privacy and security. Despite the Indian Supreme Court's ruling that the program does not violate domestic privacy rights, the article contends that it fails to meet international privacy standards, necessitating reforms to align with global human rights obligations.

Populist Nationalism Threatens Health And Human Rights In The Covid-19 Response, Caitlin R. Williams, Jocelyn Getgen Kestenbaum, Benjamin Mason Meier

Articles

COVID-19 demands international cooperation, yet populist nationalism is resurgent, threatening public health, human rights, and global governance. In responding to the pandemic, populist nationalism and global solidarity represent distinct paths, with enduring consequences for health and human rights.

Fraudulent Malattributed Comments In Agency Rulemaking, Michael Herz

Cardozo Law Review

No abstract provided.

Is The U.S. Government Violating The Safe Conducts Of Noncitizens? How A Turn To Strict Originalism Could Revitalize The Alien Tort Statute, Gabe Cahn

Cardozo Law Review

No abstract provided.

Brief Of Victims Of The Hungarian Holocaust Amici Curiae In Support Of Respondents, Richard H. Weisberg

Amicus Briefs

This amicus curiae brief was submitted on behalf of victims of the Hungarian Holocaust in support of petitioners in case No. 18-1447 before the United States Supreme Court. The brief addresses questions of international law, sovereign immunity, and the rights of Holocaust survivors seeking restitution and legal accountability. It provides historical context and legal arguments relevant to holding foreign states accountable for atrocities committed during World War II.

2020 Fall - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Fall 2020 issue of the CLIHHR Newsletter documents the Institute’s legal advocacy and programming during the COVID-19 pandemic and a period of heightened political and human rights challenges. It features litigation challenging U.S. sanctions against the International Criminal Court, amicus advocacy on Holocaust restitution, clinic efforts supporting Indigenous communities in Brazil, strategic planning on housing and health rights, student and alumni achievements, and virtual public events on genocide prevention, citizenship, and international justice. The newsletter reflects CLIHHR’s continued commitment to accountability, human rights protection, and survivor-centered advocacy.

Should They Stay, Or Should They Go? Statue Politics In Shifting Societies: The Permissibility Of Peacetime Removal, Alteration And Destruction Of Problematic Political Monuments In The United States, Adrienne Liebenberg Nel

Cardozo International & Comparative Law Review

The note argues that Confederate monuments in the U.S. are often protected by outdated preservationist laws that hinder efforts to remove or alter them, despite their association with systemic racism and oppression. It advocates for legal reform to allow local governments to address these problematic symbols, drawing on international examples and emphasizing the need for a balanced approach that respects history while promoting inclusivity.

Money For Justice: Plaintiffs' Lawyers And Social Justice Tort Litigation, Gilat J. Bachar

Cardozo Law Review

Tort lawsuits brought in response to social injustice occasionally generate incentives for entrepreneurial plaintiffs' lawyers to get involved in the litigation. What ethical responsibilities do such lawyers navigate in this space? And to what extent are they interested in, and well-positioned to produce, social change? The Article addresses these questions using a previously uncharted case study on civil actions for damages filed by Palestinians against the Israeli government. Through fifty-five in-depth, semi structured interviews with the various types of lawyers involved in the litigation, alongside quantitative analysis of an original dataset of 300 judicial opinions, the Article reveals how fee-for-service …

Amicus Memoriais, Jocelyn Getgen Kestenbaum, Cardozo Human Rights & Atrocity Prevention Clinic

Amicus Briefs

Professor Jocelyn Getgen Kestenbaum and the Human Rights and Atrocity Prevention Clinic submitted an amicus brief in the Brazilian Supreme Court for a landmark ruling for the Xokleng people.

‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …

2020 Spring - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Spring 2020 issue of the CLIHHR Newsletter documents the Institute’s legal advocacy, research, and educational initiatives during the early stages of the COVID-19 pandemic. It features commentary on human rights and public health, the launch of structural violence teaching guides, recognition of Professor Gabor Rona’s work by the International Criminal Court, student amicus advocacy for Indigenous communities in Brazil, virtual clinic achievements, faculty outreach, and alumni and student spotlights. The newsletter reflects CLIHHR’s continued commitment to international justice, accountability, and human rights education in a time of global crisis.

Terrorist Victim Or Perpetrator?: Foreign Solutions To Challenges Posed By The U.S.’S Terrorist Bars To Asylum, Stephanie Blum, Nadav Morag

Cardozo International & Comparative Law Review

This article analyzes the challenges presented by the U.S.'s Terrorism-Related Inadmissibility Grounds ("TRIG") for asylum applicants and looks overseas for potential solutions. TRIG is the method by which the U.S. government bars terrorists and those who materially support terrorism from obtaining asylum and related protections. TRIG, however, is overbroad and inefficient, encompassing terrorist victims who currently pose and never posed any threat to U.S. security. Specifically, TRIG does not consider duress, or the provision of trivial support, when analyzing whether applicants should be barred from asylum because of material support of terrorism. Additionally, current law defines a terrorist organization for …

Human Rights In Indefinite Occupation: Palestine, Sari Bashi

Cardozo International & Comparative Law Review

The article examines the tension between international humanitarian law (IHL) and international human rights law (IHRL) in the context of prolonged occupations, specifically focusing on Israel's 53-year occupation of Palestinian territory. It proposes a framework that integrates human rights norms, such as nondiscrimination and progressive realization of economic and social rights, into IHL to enhance protections for civilians under occupation. The analysis highlights the limitations of IHL in addressing long-term occupations and advocates for a more robust approach that balances military necessity with the welfare of the occupied population, while also addressing the challenges of enforcing these standards in the …

Human Rights In The Six Arab States Of The Gulf Cooperation Council (Gcc): From Vision To Reality, Eleni Polymenopoulou

Cardozo International & Comparative Law Review

The article examines the evolving landscape of human rights in Gulf Cooperation Council (GCC) States, arguing that while there is a noticeable shift toward better human rights compliance, this progress is primarily driven by economic diversification and geopolitical strategies rather than a genuine embrace of international human rights norms. The analysis highlights that despite advancements in social and economic rights, significant challenges persist in areas such as civil liberties and media freedom. The article posits that human rights are increasingly viewed as essential for economic growth and development in the region, rather than merely as universal values.

Paradigm Perplexities: Does International Humanitarian Law Or International Human Rights Law Govern The Gaza Border Protests Of 2018-2019, & What Are The Consequences? A Response To The Supreme Court’S Opinion In Yesh Din V. Idf Chief Of Staff (Hcj 3003/18), Anthony Carl

Cardozo International & Comparative Law Review

The note critically examines the Israeli Supreme Court's ruling on the 2018 Gaza border protests, arguing that the Court's classification of the conflict as an international armed conflict (IAC) is legally flawed. This classification allowed the Israel Defense Forces (IDF) to use live-fire policies under international humanitarian law (IHL), which the author contends is inappropriate for the context. The analysis asserts that the conflict should instead be treated as a non-international armed conflict (NIAC), with corresponding implications for the application of human rights law (IHRL). The Court's conflation of the law enforcement (LE) paradigm under IHL with the conduct of …

The Convention On The Elimination Of All Forms Of Discrimination Against Women: What Impact, If Any, Has It Had On Reproductive Health And Abortion Rights Around The World?, Casey Katz Pearlman

Cardozo International & Comparative Law Review

The note examines the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on reproductive rights and abortion laws, with a focus on Ireland's 2018 repeal of the Eighth Amendment, which legalized abortion. While CEDAW did not directly cause the repeal, it contributed to a broader international framework influencing the decision. The note also compares Ireland's experience with the United States, where CEDAW has not been ratified, and highlights the ongoing challenges in advancing reproductive rights globally.

Povos Indígenas, Genocídio E Pademia No Brasil, Fernanda Frizzo Bragato, Marco Antônio Delfino De Almeida, Jocelyn Getgen Kestenbaum

Articles

Indigenous Peoples, Genocide and Pandemics in Brazil

COVID-19 pandemics spreads among Brazilian indigenous communities while they endure the dismantling of protective policies, the current government's hostility, as well as the disproportionate effects in terms of contamination and mortality. This situation has been concerning indigenous organizations and public authorities in Brazil and worldwide. Indigenous peoples are potential victims of genocide, an act characterized both as a criminally punishable conduct and as a State policy capable to generate international State liability. This study intends to investigate whether and how the conditions of susceptibility to the physical destruction met by several Brazilian indigenous …

Paradigm Perplexities: Does International Humanitarian Law Or International Human Rights Law Govern The Gaza Border Protests Of 2018-2019, & What Are The Consequences? A Response To The Supreme Court’S Opinion In Yesh Din V. Idf Chief Of Staff (Hcj 3003/18), Anthony Carl

Student Articles & Notes

In March 2018, thousands of Gazan citizens mobilized for a mass protest movement at the border with the State of Israel that endured for more than a year and a half, ending in late 2019. By February 2019, the IDF’s response to these protestors resulted in 189 deaths and 23,313 injuries to Gazan Palestinian protestors. Upon hearing challenges to the IDF’s rules of engagement brought by a number of human rights groups, the Israeli Supreme Court ruled in HCJ 3003/18 Yesh Din v. IDF Chief of Staff that the IDF’s response was proper under the law enforcement paradigm of international …

Art As A Weapon, Sahar Akhavan

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Overrepresented Yet Overlooked: Lgbtq Survivors Of Trafficking And The Imperative For The Nordic Approach To Sex Trafficking Laws In The United States, Claire Mooney

Cardozo Journal of Equal Rights & Social Justice

The note argues that LGBTQ survivors of human trafficking are disproportionately affected by inadequate legal frameworks and societal discrimination. It advocates for the adoption of the Nordic Model in the U.S., which criminalizes the purchase of sex while decriminalizing its sale, to better address the needs of LGBTQ survivors and align with international human rights standards.