Human Rights Law Commons^™

Culture-Based Crimes Against Women In Societies Absorbing Immigrants - Rejecting The "Mistake Of Law" Defense And Imposing Harsher Sentencing, Gabriel Hallevy

Cardozo Journal of Equal Rights & Social Justice

The article argues that the mistake of law defense is irrelevant in cases of culture-based crimes against women, particularly honor killings, committed by immigrants in Western societies. It asserts that such crimes, often justified by cultural preservation, warrant harsher sentencing rather than leniency due to cultural ignorance. The analysis distinguishes between first-generation immigrants and refugees, emphasizing that refugees should not receive special treatment in legal accountability. The article advocates for stricter legal measures to address these crimes and minimize their occurrence.

Restoring Human Trafficking Victims Through Victim-Offender Dialogue, Carina Patritti

Cardozo Journal of Conflict Resolution

This Note will explore the pros and cons of using victim-offender dialogue in cases of human trafficking. In the first part of the Note, a background on human trafficking will be provided, including current statistics on human trafficking cases and the effects on victims. Restorative justice will be discussed in the second part of the note, with specific emphasis on VOD. The third part of the Note will explore how the criminal system has used VOD, beginning with low-level crimes and then exploring how VOD has been applied to serious and violent crimes. This Note will then propose the application …

Locke's 1694 Memorandum (And More Incomplete Copyright Historiographies), Justin Hughes

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Introduction: The Responsibility To Protect: A Framework For Confronting Identity-Based Atrocities, Sheri P. Rosenberg, Bryan R. Daves

Articles

After decades of genocide and other mass atrocities - each followed by the persistent din of 'never again' - UN Member States finally made a tangible commitment to protect vulnerable populations from certain mass atrocities, when they embraced the 'the Responsibility to Protect'. At the UN General Assembly World Summit in 2005, member states adopted - by consensus - paragraphs 138 and 139 of the Summit Outcome Document. Therein heads of state unanimously affirmed that each individual state has the responsibility to protect its population from genocide, war crimes, crimes against humanity and ethnic cleansing, including the prevention of such …

Responsibility To Protect: A Framework For Prevention, Sheri P. Rosenberg

Articles

Most agree that prevention is the most important aspect of the Responsibility to Protect. The best way, after all, to protect populations from mass atrocities is to ensure that they do not occur in the first instance. Nonetheless, Since the adoption of the R2P Doctrine at the World Summit, academic and policy debate concerning the legal and normative content of R2P, continue to neglect its preventative dimension. This paper begins to fill that lacunae in policy and scholarship by examining seeks to develop the preventative dimension of R2P by examining the relationship between evolving international human rights law on prevention …

Introduction: The Paradox Of Informed Participation: What Universities Can Do For Freedom Of Information, Peter Molnar

Cardozo Public Law, Policy & Ethics Journal

The article argues that freedom of information (FOI) is a cornerstone of democratic societies, yet significant challenges persist in accessing information despite expanding legal frameworks. It emphasizes the importance of recognizing FOI as a fundamental human right and highlights the role of universities in promoting transparency and awareness through education and practical initiatives. The article also explores the "paradox of informed participation," where public engagement requires information that the public often lacks, and advocates for proactive measures to address this issue.

Protecting Freedom Of Expression: The Challenge Of Hate Speech In The European Court Of Human Rights Case Law, Mario Oetheimer

Cardozo Journal of International and Comparative Law

The article examines the European Court of Human Rights' (ECHR) approach to balancing freedom of expression under Article 10 of the European Convention on Human Rights (ECHR) with the need to combat hate speech. The Court systematically excludes certain forms of hate speech from protection, particularly racist and Holocaust denial speech, under Article 17, while affording strong protection to expression that contributes to public debate. The analysis highlights the Court's case-by-case approach, reliance on context, and the distinction between hate speech and incitement to violence.

Europe Bans Terrorist Media: What Sort Of Antidote To Poisonous Voices?, David Goldberg

Cardozo Journal of International and Comparative Law

Europe is struggling with its commitment to robustly promoting the presumption of a right to freedom of expression. One situation (less-noted than the much-publicised "Danish cartoons controversy") is the banning of satellite television channels. Such broadcasts, it is claimed, incite hatred which leads to violence, including acts of terror. The European Union has been co-operating with the European Platform of Regulatory Authorities to ban certain third-country broadcasters transmitting programmes using satellites that are under EU jurisdiction. The US-based NGO, the Campaign against Terrorist Media, has been rather influential in promoting this policy.

This Paper deals with four issues of concern: …

Overcoming Soviet Legacy: Non-Enforcement Of The Judgments Of The European Court Of Human Rights By The Russian Judiciary, Yulia Dernovsky

Cardozo Journal of International and Comparative Law

The note examines the challenges Russia faces in its interactions with the European Court of Human Rights (ECtHR), highlighting the surge in complaints against Russia and the country's increasing resistance to the ECtHR's rulings. It explores the ECtHR's evolving role in interpreting the European Convention on Human Rights as a living instrument and the tensions arising from Russia's domestic legal framework and political hostility toward the Court. The analysis underscores the need for both internal reforms in Russia and external adjustments to the ECtHR's procedures to address the growing caseload and ensure compliance with human rights standards.

What's Fair Is Fair? A Comparative Look At Judicial Discretion In Fairness Review Of Holocaust Era Class Action Settlement In The United States And Canada, Arthur Oder

Cardozo Journal of International and Comparative Law

The note critiques the effectiveness of U.S. class action frameworks, particularly Rule 23, in addressing Holocaust-era claims, arguing that the Canadian Class Proceedings Act (CPA) offers a more flexible and fair approach for resolving such complex human rights cases. It highlights the shortcomings of the Generali Insurance Litigation and contrasts it with the success of the Swiss Banks Settlement, emphasizing the importance of judicial discretion and adequate notice in ensuring fair outcomes. The analysis advocates for adopting the Canadian model to improve the handling of large-scale human rights class actions.

Law Lags Behind: Foia And Affirmative Disclosure Of Information, Michael Herz

Cardozo Public Law, Policy & Ethics Journal

The Freedom of Information Act (FOIA) is increasingly outdated in the digital age due to its reliance on a request-driven model, which limits proactive disclosure of government information. The article argues that while FOIA was groundbreaking in its time, its failure to require agencies to affirmatively disclose information hinders transparency and public access, emphasizing the need for a shift towards a more proactive approach in line with modern technological capabilities.

The High Costs Of Costs: Fees As Barriers To Access Within The United States And Canadian Freedom Of Information Régimes, Zachary Pall

Cardozo Public Law, Policy & Ethics Journal

The article argues that the fee structures under the United States Freedom of Information Act (FOIA) and the Canadian Access to Information Act create significant barriers to accessing government records, undermining the principle of transparency. While both systems aim to balance access with resource management, the U.S. system is particularly criticized for its complexity and inefficiency, which discourages requesters and fails to serve the public interest. The Canadian system, though flawed, offers a more streamlined approach that could provide valuable lessons for reforming the U.S. system.

Are Secularism And Neutrality Attractive To Religious Minorities? Islamic Discussions Of Western Secularism In The "Jurisprudence Of Muslim Minorities" (Fiqh Al-Aqalliyyat) Discourse, Andrew F. March

Cardozo Law Review

No abstract provided.

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.

Religious Symbols In The Public Space: In Search Of A European Answer, Isabelle Rorive

Cardozo Law Review

No abstract provided.

Constitutionalism And Secularism: The Need For Public Reason, András Sajó

Cardozo Law Review

No abstract provided.

The Myth Of The Neutral State And The Individualization Of Religion: The Relationship Between State And Religion In The Face Of Fundamentalism, Karl-Heinz Ladeur

Cardozo Law Review

No abstract provided.

Freedom And Faith - Foundations Of Freedom Of Religion, Matthias Mahlmann

Cardozo Law Review

No abstract provided.

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.

Islamic Headscarves And Slippery Slopes, Murat Borovali

Cardozo Law Review

No abstract provided.

Veiling And Women's Intelligibility, John Borneman

Cardozo Law Review

No abstract provided.

Secular Constitutionalism Vindicated, Frances Raday

Cardozo Law Review

No abstract provided.

Religious Revival And Pseudo-Secularism, Guy Haarscher

Cardozo Law Review

No abstract provided.

Questioning The Political Question Doctrine: Inconsistent Applications In Reparations And Alien Tort Claims Act Litigation, Shelley Buchanan

Cardozo Journal of International and Comparative Law

The note argues that while transnational public law litigants have successfully used U.S. courts to address human rights violations under the Alien Tort Claims Act (ATCA), African American reparations claims for slavery have been systematically dismissed on procedural grounds, particularly under the political question doctrine. This disparity highlights the inconsistent application of the doctrine, with recent ATCA cases narrowing its scope, while African American slave redress cases continue to face strict dismissal. The note advocates for a more consistent application of the political question doctrine across all human rights litigation, including slave redress, to ensure fairness and maintain the U.S. …

International Advocate For Peace Award Acceptance Speech, Amira Dotan

Cardozo Journal of Conflict Resolution

The Ninth International Peace Award Recipient

An Imperfect Vocabulary Of Religious Liberty, Marci A. Hamilton

Articles

No abstract provided.

An Unnecessary Convenience: The Assertion Of The Uniform Code Of Military Justice ("Ucmj") Over Civilians And The Implications Of International Human Rights Law, Dan E. Stigall

Cardozo Journal of International and Comparative Law

The expansion of the Uniform Code of Military Justice (UCMJ) to include jurisdiction over civilians during contingency operations raises significant legal and human rights concerns, particularly regarding due process and equality under the International Covenant on Civil and Political Rights (ICCPR). While the UCMJ aims to maintain military order, its application to civilians may not meet the ICCPR's requirements for necessity and fairness, potentially undermining the U.S.'s international reputation. However, proponents argue that military jurisdiction can sometimes advance human rights and accountability, suggesting a need for balanced solutions.

Recycling The Past: Resettling Displaced Persons Communities In Northern Iraq With The Aid Of Heirless Property, Samantha Klein

Cardozo Journal of International and Comparative Law

No abstract provided.

Ianfu: No Comfort Yet For Korean Comfort Women And The Impact Of House Resolution 121, James Ladino

Cardozo Journal of Equal Rights & Social Justice

The note examines the historical injustice and ongoing legal challenges surrounding the issue of "comfort women" during World War II, highlighting the barriers to justice and the ethical and diplomatic complexities that have prevented resolution. It critiques the legal frameworks and international efforts that have failed to address the survivors' demands for acknowledgment and reparations, emphasizing the tension between morality and geopolitical interests.

Hart Avec Kant: On The Inseparability Of Law And Morality, David G. Carlson

Articles

The article critiques H.L.A. Hart's The Concept of Law from a Kantian perspective, arguing that Hart's separation thesis between law and morality is untenable. Hart's internal point of view, a cornerstone of his jurisprudence, is revealed to be indistinguishable from morality, undermining his effort to separate law from moral considerations. The analysis contends that Hart's theory ultimately collapses into a Kantian framework, where law and morality share a common form, challenging the foundational principles of legal positivism.