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Articles 121 - 150 of 445
Full-Text Articles in Human Rights Law
The Injustice Of Sex Trafficking And The Efficacy Of Legislation, Grace Robertson
The Injustice Of Sex Trafficking And The Efficacy Of Legislation, Grace Robertson
Global Tides
Sex trafficking has obtained a recent presence in the public eye due to its booming economy, and this potential profit for traffickers continues to allure more and more to this underground market that thrives off of the abduction, abuse and rape of its victims. In order to combat this growing epidemic, sex trafficking will first be analyzed from an economic standpoint, as the increasing revenue of this market is the reason for its preponderance. Then, the connections between the economy of sex trafficking and the legislation of sex trafficking will be analyzed in order to determine the best way for …
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Climate Change: Human Rights In The Times Of Climate Displacement, Shakeel Kazmi
Dissertations & Theses
The increasing numbers of climate migrants caution that the dilemma of climate refugees is a well-substantiated concern of today not tomorrow. In 2011 large-scale flooding and landslides affected more than one million people in the Philippines. More than twenty million people were displaced after massive floods in Pakistan in 2010. A significant number of future projections show that climate change will lead tens, and perhaps hundreds, of millions of people to leave their homes and in some cases their countries. The crisis of human displacement, which entails immediate actions, raised the questions of legal and moral obligations to protect the …
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Note: Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
Faculty Publications
No abstract provided.
A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc., John P. Blanc
A Total Eclipse Of Human Rights-Illustrated By Mohamed V. Jeppesen Dataplan, Inc., John P. Blanc
West Virginia Law Review
No abstract provided.
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Libya: A Multilateral Constitutional Moment?, Catherine Powell
Georgetown Law Faculty Publications and Other Works
The Libya intervention of 2011 marked the first time that the UN Security Council invoked the “responsibility to protect” principle (RtoP) to authorize use of force by UN member states. In this comment the author argues that the Security Council’s invocation of RtoP in the midst of the Libyan crisis significantly deepens the broader, ongoing transformation in the international law system’s approach to sovereignty and civilian protection. This transformation away from the traditional Westphalian notion of sovereignty has been unfolding for decades, but the Libyan case represents a further normative shift from sovereignty as a right to sovereignty as a …
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner
Discretionary (In)Justice: The Exercise Of Discretion In Claims For Asylum, Kate Aschenbrenner
University of Michigan Journal of Law Reform
Section 208(a) of the Immigration and Nationality Act provides that asylum may be granted to an applicant who meets the definition of a refugee-that is, someone who has been persecuted or has a well-founded fear of future persecution in her own country on account of race, religion, nationality, political opinion, or membership in a particular social group. Asylum is a discretionary form of relief which means that the United States government is not required to grant asylum to every refugee within the United States but instead may decide whether or not to do so. This Article sets out in Part …
Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen
Childhood Obesity: Balancing The Nation's Interest With A Parent's Constitutional Right To Privacy, Denise Cohen
Cardozo Public Law, Policy & Ethics Journal
The note argues that governmental intervention into parental rights regarding childhood obesity is constitutionally justifiable under strict scrutiny, as it serves the compelling interests of both the child's well-being and societal welfare. While the constitutional right to privacy in parenting is fundamental, it is not absolute, and the growing public health crisis of childhood obesity necessitates narrowly tailored measures to hold parents accountable. The analysis proposes that existing legal frameworks, such as neglect statutes, can be effectively applied to address severe cases of childhood obesity, balancing individual rights with public health needs.
S-Comm: Shattering Communities, Hannah Weinstein
S-Comm: Shattering Communities, Hannah Weinstein
Cardozo Public Law, Policy & Ethics Journal
The note argues that the Secure Communities program, initiated by the Department of Homeland Security (DHS) in 2008, operates unlawfully under the Administrative Procedure Act (APA) and raises significant constitutional concerns. By bypassing notice-and-comment requirements and failing to address public concerns, the program has led to racial profiling, pretextual arrests, and widespread detention of noncriminal individuals, undermining its stated goals and eroding community trust in law enforcement. The analysis calls for immediate cessation of the program and congressional funding due to its legal violations and harmful consequences.
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
Madness Alone Punishes The Madman: The Search For Moral Dignity In The Court's Competency Doctrine As Applied In Capital Cases, J. Amy Dillard
All Faculty Scholarship
The purposes of the competency doctrine are to guarantee reliability in criminal prosecutions, to ensure that only those defendants who can appreciate punishment are subject to it, and to maintain moral dignity, both actual and apparent, in criminal proceedings. No matter his crime, the “madman” should not be forced to stand trial. Historically, courts viewed questions of competency as a binary choice, finding the defendant either competent or incompetent to stand trial. However, in Edwards v. Indiana, the Supreme Court conceded that it views competency on a spectrum and offered a new category of competency — borderline-competent. The Court held …
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
University of Miami International and Comparative Law Review
No abstract provided.
Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose
Tattoos, Tickets, And Other Tawdry Behavior: How Universities Use Federal Law To Hide Their Scandals, Mary Margaret Penrose
Cardozo Law Review
No abstract provided.
Legacy Of A Massacre: The World Bank And The Chixoy Dam, Lauren Carasik
Legacy Of A Massacre: The World Bank And The Chixoy Dam, Lauren Carasik
Media Presence
No abstract provided.
Albuquerque Journal Interviews Moore About The Law Of Compassion, Jennifer Moore
Albuquerque Journal Interviews Moore About The Law Of Compassion, Jennifer Moore
Faculty Scholarship
No abstract provided.
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
Pepperdine Law Review
This article addresses a barrier to effective protection faced by child refugee applicants. Currently all refugee applicants, including infants, are required to satisfy two elements of well-founded fear. All applicants must prove that they face an objective risk of persecution and that they subjectively fear this risk. But children often cannot exhibit the subject apprehension element of the test. As a result, UNHCR, and the U.S and Canadian governments issued guidelines that encourage decision makers to accept other evidence to prove a child's subjective apprehension when the child is unable to exhibit fear. However, this approach does not go far …
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Climate Change, Intellectual Property, And The Scope Of Human Rights Obligations, Kavita Kapur
Sustainable Development Law & Policy
No abstract provided.
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Pepperdine Dispute Resolution Law Journal
This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber
Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber
Pepperdine Dispute Resolution Law Journal
The "Friendly Settlement"--the negotiated settlement of cases at the European Court of Human Rights--is on the decline. The Friendly Settlement's decline will likely provoke mixed sentiments in the international human rights camp. Some may applaud the development, including those who believe that only judgments by the Court are likely to chastise member states sufficiently and to announce standards of conduct for other states to follow. But others may shed more than a few mournful tears. An active settlement program can help reduce the Court's huge case backlog and give complaining parties a faster, and often more generous, measure of resolution …
Humanitarian Law In Action Within Africa, Jennifer Moore
Humanitarian Law In Action Within Africa, Jennifer Moore
Faculty Book Display Case
In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: …
"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce
"Moral Ambivalence Is No Recipe For Engagement", Joel R. Pruce
Human Rights & Human Welfare
The bottom line is that the crisis in Syria is tragic and extremely complicated. Some of its more complex issues include the threat of ethnic conflict, refugee flows, Iran's regional influence, and the impact of this uprising on other protests in the Arab world, ongoing and in the future. However, there are also several incontrovertible facts: the regime of Bashar al-Assad, in the name of putting down a protest movement that turned violent, is responsible for at least 7,500 deaths and shows no signs of relenting.
Copyright
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Native American Health Care: Is The Indian Health Care Reauthorization And Improvement Act Of 2009 Enough To Address Persistent Health Problems Within The Native American Community?, Koral E. Fusselman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Same-Sex Marriage: Strengthening The Legal Shield Or Sharpening The Sword? The Impact Of Legalizing Marriage On Child Custody/Visitation And Child Support For Same-Sex Couples, Jason C. Beekman
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland
Charter Schools, Students Of Color And The State Action Doctrine: Are The Rights Of Students Of Color Sufficiently Protected?, Preston C. Green Iii, Erica Frankenberg, Steven L. Nelson, Julie Rowland
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
The Role Of Women In Mediation And Conflict Resolution: Lessons For Un Security Council Resolution 1325, Roohia S. Klein
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers
The Need For Change: Evaluating The Medical Necessity Of Gender Reassignment Through International Standards, Chad Ayers
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle
The Guatemala Std Inoculation Study As The Incentive To Change Modern Informed Consent Standards, Marie Constance Scheperle
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.