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Human Rights Law Commons

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2013

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Articles 151 - 180 of 429

Full-Text Articles in Human Rights Law

“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse Apr 2013

“Queering The Rainbow Nation”: An Analysis Of 11 Gay And Lesbian Capetonians’ Perceptions Of Lgbt Identity In Cape Town And The South African Government’S Commitment To Lgbt Equality, Ryan Sasse

Independent Study Project (ISP) Collection

The South African government has made vast strides in the fight for LGBT equality, strides that are unparalleled by any other nation on the African continent. Unfortunately, the lack of hate crime legislation within the country—as well as the government’s unwillingness to address the nation’s resulting violence—often overshadows the accomplishments that have been made over the last few years. Keeping in mind that “[f]eminist research goals foster empowerment and emancipation for women and other marginalized groups, and feminist researchers often apply their findings in the service of promoting social justice for women,” we can see how the LGBT community is …


Introduction, Rohan Sajnani Apr 2013

Introduction, Rohan Sajnani

Northwestern Journal of Human Rights

No abstract provided.


Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra Apr 2013

Global Legal Responses To Prenatal Gender Identification And Sex Selection, Seema Mohapatra

Faculty Scholarship

Over one hundred million women in the world are estimated to be “missing” from the world’s population due to some form of gendercide. Gendercide exists on almost every continent and affects every class of people. Gendercide has traditionally taken the form of sex-selective abortion, infanticide, or death caused by neglect. Sex-selective abortions occur when a pregnancy is terminated due to the sex of the fetus. In the last few decades, technological advances have allowed potential parents to identify the gender of their baby early in the first trimester. Recently, with the advent of newer technology that allows one to choose …


Challenging “Unnatural Crimes”: The Connection Between Lgbti Rights And Gender-Specific Sexual Violence Laws In Belize, Christine M. Evans Apr 2013

Challenging “Unnatural Crimes”: The Connection Between Lgbti Rights And Gender-Specific Sexual Violence Laws In Belize, Christine M. Evans

Northwestern Journal of Human Rights

No abstract provided.


Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter Apr 2013

Isolated Confinement In Michigan: Mapping The Circles Of Hell, Elizabeth Alexander, Patricia Streeter

Michigan Journal of Race and Law

For the past twelve months, there has been a burgeoning campaign to abolish, or greatly reduce, the use of segregated confinement in prisons. Advocates for the campaign call such classifications "solitary confinement" despite the fact that in some states, like New York, prisoners in these cells are often double-celled. The Michigan Department of Corrections, as well as other prison systems, uses labels such as "segregation," "special management," "special housing," and "observation" for these classifications. Prisoners ordinarily use traditional terms, such as "the hole." In this Essay we will refer to such restrictive classifications as "segregation" or "segregated confinement." Our perspective …


The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden Apr 2013

The Federal Bureau Of Prisons: Willfully Ignorant Or Maliciously Unlawful?, Deborah Golden

Michigan Journal of Race and Law

The Federal Bureau of Prisons ("BOP") and the larger U.S. government either purposely ignore the plight of men with serious mental illness in the federal prison system or maliciously act in violation of the law. I have no way of knowing which it is. In a complex system comprising many individual actors, motivations are most likely complex and contradictory. Either way, uncontrovertibly, the BOP and the U.S. government, against overwhelming evidence to the contrary, continuously assert that there are no men with serious mental illnesses housed in the federal supermax prison, the Administrative Maximum facility in Florence, Colorado, also known …


A Public Health Approach To Human Trafficking, Jonathan Todres Apr 2013

A Public Health Approach To Human Trafficking, Jonathan Todres

Faculty Publications By Year

Trafficked individuals experience physical, sexual and emotional violence at the hands of traffickers, pimps, employers, among others, and are exposed to various workplace, health and environmental hazards. The breadth of the harm suggests a role for a currently underutilized approach: public health methodologies. The field of public health offers vital skills and expertise in the fight against human trafficking.


The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison Apr 2013

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …


Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen Apr 2013

Justice Across The Hemispheres: The Effect Of The Pinochet Arrest On Domestic Courts In Chile And Spain, Audrey A. Hansen

Honors Theses and Capstones

This study examines whether the 1998 arrest, by order of a Spanish judge, of former Chilean President Augusto Pinochet in London for crimes of genocide and terrorism impacted the attitude of Chilean and Spanish courts toward prosecuting their own country’s human rights violations. It argues that after 1998 Chile’s judiciary increased prosecutions against former regime officials, while the Spanish judiciary upheld Spain’s 1977 Amnesty Law and declined to participate in the national discourse on the country’s past human rights violations. This research includes a comparative case study of Chile and Spain, their recent histories, their judiciaries’ attitudes towards prosecution of …


Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford Apr 2013

Regulating The Corporate Tap: Applying Global Administrative Law Principles To Achieve The Human Right To Water, Kristin L. Retherford

Indiana Law Journal

No abstract provided.


Challenges To Compliance With International Humanitarian Law In The Context Of Contemporary Warfare, Morgan Kelley Apr 2013

Challenges To Compliance With International Humanitarian Law In The Context Of Contemporary Warfare, Morgan Kelley

Independent Study Project (ISP) Collection

The changing nature of warfare in the 21st century poses a multitude of challenges to the perceived applicability of International Humanitarian Law for both State and non-State actors in contemporary conflicts. These issues, including but not limited to: ambiguity in the distinction of violent conflict, the changing type of actors involved, issues of asymmetric warfare, challenges of negative reciprocity, and an inhibited ability to engage with all parties to conflict, are detrimental to the overriding purpose of IHL. Still, the oftentimes inefficient nature of the international system, as well as lack of consensus regarding new legislation means that formal …


Kiobel Case: Corporate Accountability For Human Rights Abuses, Lauren Carasik Apr 2013

Kiobel Case: Corporate Accountability For Human Rights Abuses, Lauren Carasik

Media Presence

No abstract provided.


The Duty To Capture, Jens David Ohlin Apr 2013

The Duty To Capture, Jens David Ohlin

Cornell Law Faculty Publications

The duty to capture stands at the fault line between competing legal regimes that might govern targeted killings. If human rights law and domestic law enforcement procedures govern these killings, the duty to attempt capture prior to lethal force represents a cardinal rule that is systematically violated by these operations. On the other hand, if the Law of War applies then the duty to capture is fundamentally inconsistent with the summary killing already sanctioned by jus in bello. The following Article examines the duty to capture and the divergent approaches that each legal regime takes to this normative requirement, and …


After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis Apr 2013

After Dothard: Female Correctional Workers And The Challenge To Employment Law, Brenda V. Smith, Melissa C. Loomis

Scholarly Articles in Law Reviews & Journals

This article examines a profession where women have made great strides - corrections. Using an equality framework, corrections and other non-traditional professions were the first target of the feminist movement in the 1970s. By and large, feminists were successful in creating greater porosity for women in law enforcement, emergency services, corrections, and the military. While women have entered these traditionally masculine spaces, they still suffer from an achievement gap. They are still underrepresented in leadership positions and marginalized in these settings; are still the targets of discrimination based on race, gender, and perceived sexual orientation; and are less likely than …


Campesino Communities In Honduras Being Devastated One Family At A Time, Lauren Carasik Mar 2013

Campesino Communities In Honduras Being Devastated One Family At A Time, Lauren Carasik

Media Presence

No abstract provided.


The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield Mar 2013

The Opulent Or The Oppressed? Expedited Removal As A Violation Of The American Ideal, Amy Wingfield

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper Mar 2013

Helping The Helpless: The Foreign Policy Strategies Underlying Humanitarian Rhetoric In American Refugee Law And Policy, Ashleigh Reif Kasper

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse Mar 2013

Proposition 8 Is Unconstitutional, But Not Because The Ninth Circuit Said So: The Equal Protection Clause Does Not Support A Legal Distinction Between Denying The Right To Same-Sex Marriage And Not Providing It In The First Place, Nathan Rouse

Seattle University Law Review

In Perry v. Brown, the Ninth Circuit held that Proposition 8 is unconstitutional. But in doing so, the court stepped back from the breadth of the district court’s decision. The Ninth Circuit did not address whether same-sex marriage is a fundamental constitutional right. Nor did the Ninth Circuit address whether the Equal Protection Clause categorically prevents states from limiting marriage to opposite-sex couples. Instead, the Ninth Circuit reached the narrow conclusion that Proposition 8 violates the Equal Protection Clause because it withdrew a preexisting legal right from a marginalized group without any legitimate purpose. The Ninth Circuit should have held …


Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott Mar 2013

Immigration Obstacles And The Sixth Circuit Court's Harsh Interpretation Of Legal Permanent Resident Status, Justin Boitnott

Tennessee Journal of Race, Gender, & Social Justice

No abstract provided.


Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles Mar 2013

Is The Doctor In? The Contemptible Condition Of Immigrant Detainee Healthcare In The U.S. And The Need For A Constitutional Remedy, Kate Bowles

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


In Defense Of Humanity: Martha Walsh Uses The Law To Combat Genocide, Neha Sud Mar 2013

In Defense Of Humanity: Martha Walsh Uses The Law To Combat Genocide, Neha Sud

Colby Magazine

Martha Walsh ’90 works on genocide trials at The Hague.


Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements Mar 2013

Does Your Carer Take Sugar? Carers And Human Rights: The Parallel Struggles Of Disabled People And Carers For Equal Treatment, Luke Clements

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead Mar 2013

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Copyright Mar 2013

Copyright

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Mar 2013

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Editor's Note Mar 2013

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder Mar 2013

Lessons For Religious Liberty Litigation From Kentucky, Jennifer Anglim Kreder

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin Mar 2013

Dismantling The United Front In Child Abuse Cases: Reevaluating Delaware’S Serious Injury Statute After Fifteen Years Of Asfa, Eliza M. Hirst, Harper S. Seldin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens Mar 2013

What Happens Next? Will Protection Against Gender Identity And Sexual Orientation Workplace Discrimination Expand During President Obama’S Second Term?, Sarah M. Stephens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks Mar 2013

Ordinances Targeting The Homeless: Constitutional Or Cost-Effective?, Ellen M. Marks

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.