Human Rights Law Commons^™

A Critical View Of Graduate Unions, Deeb Paul Kitchen Ii

Societies Without Borders

Institutions of higher education increasingly focus on their economic functions and have adopted labor force practices that resemble private businesses. One such strategy is a greater reliance on employing graduate students to perform tasks previously done by faculty. Simultaneously, graduate employees have organized labor unions and pushed for rights and benefits other organized workers have sought. This is a practice that should be of concern to human rights sociologists, lest we neglect to critically reflect on the social relations that our work is embedded within, thereby damaging our abilities to champion the oppressed. This case study examines how graduate labor …

Review Of Between Feminism And Islam: Human Rights And Sharia Law In Morocco By Zakia Salime, Dana M. Olwan

Societies Without Borders

No abstract provided.

Review Of Islam And Human Rights Tradition And Politics By Ann Elizabeth Mayer, Aria Nakissa

Societies Without Borders

No abstract provided.

Review Of Women Suicide Bombers: Narratives Of Violence By Julie V.G. Rajan, Allie Shier

Societies Without Borders

No abstract provided.

The Expansion Of Transgenic Soybeans And The Killing Of Indigenous Peasants In Argentina, Pablo Lapegna

Societies Without Borders

In the last two years, four activists of peasant and indigenous organizations have died in the context of land conflicts in Northern Argentina. This article examines the expansion of genetically modified soybeans and the political alliances of national and provincial governments to understand these events. The focus is put on the recent killing of a peasant activist in the province of Santiago del Estero, the media coverage of this event, and the reactions of popular organizations. The case represents an example of the “dark side of the boom” of the recent expansion of agribusiness in South America.

Review Of Immigration, Labor, And The Politics Of Belonging In France By Elaine Thomas, Joellen Pederson

Societies Without Borders

No abstract provided.

Review Of Immigration Nation: Raids, Detentions, Deportations In Post- 9/11 America By Tanya Maria Golash-Boza, Nathaniel A. Davis

Societies Without Borders

No abstract provided.

Narratives Of Mass Violence: The Role Of Memory And Memorialization In Addressing Human Rights Violations In Post-Conflict Rwanda And Uganda, Carla De Yeaza, Nicole Fox

Societies Without Borders

This paper explores the question of what do Rwandans and Ugandans working on memorialization initiatives deem important when discussing the role of individual and collective memory in the aftermath of mass violence and human rights violations. Social scientists and human rights scholars have asserted the importance of memory in both reconciliation and healing after mass violence. However, it is difficult to determine the most appropriate way to facilitate reconciliation between groups who previously raped, stole from or killed one another, as there is no “one-size-fits-all” approach. While policies cannot remedy the murder of one’s family, scholars, activists and practitioners argue …

“I Now Pronounce You Polimigra”: Narrative Resistance To Police-Ice Interoperability, Meghan E. Conley

Societies Without Borders

Police-ICE interoperability, known colloquially by immigrant rights actors as PoliMigra, is the cooperation of state and local law enforcement with federal immigration authorities to enforce federal immigration law. Hailed by the Department of Homeland Security (DHS), Immigration and Customs Enforcement (ICE), and state and local authorities as a “common sense” approach to immigration enforcement, such collaboration is asserted to aid authorities in identifying and apprehending potential or proven threats to the nation. In contrast, immigrant rights actors argue that the blurring of lines between local police and federal immigration agents ultimately produces vulnerability for communities, both immigrant and native-born. In …

Freedom With Chinese Characteristics, Keith Kerr

Societies Without Borders

The following “note from the field” is based off of first-hand observations and experiences had while living and working as an affiliated professor at a Chinese university. Noting the well-known political restrictions existing in China, the piece argues that against dominant Western narratives depicting a lack of freedom within China, there ostensibly appear spaces offering levels of emotional and interactional freedoms greater than what one can experience in the West. This argument is framed within the thought of Western intellectuals such as David Riesman, Erich Fromm, C. Wright Mills and Stjepan Mestrovic, and is advanced by considering the vast historical …

Review Of Fair Trade From The Ground Up. New Markets For Social Justice By April Linton, Silvia Giagnoni

Societies Without Borders

No abstract provided.

Linking Disability Rights And Democracy: Insights From Brazil, Lyusyena Kirakosyan

Societies Without Borders

This article explores the purport and portent of the 2006 United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) for disabled Brazilians. The analysis proceeds in three stages. First, it traces the evolution of the Convention as the culmination of a 30-year dialogue between the UN, governments and civil society organizations worldwide. As a legally binding instrument, the UNCRPD enables disabled citizens and interested civil society organizations to hold signatory states accountable for the protection and furtherance of disability rights. Second, the article examines how the Brazilian government came to adopt the Convention and how it has implemented …

Negotiating Uncertainty In The Right To Asylee Status, Erin Rider

Societies Without Borders

The asylum system regards asylum seekers as actors with privilege and resources, and expects them to present sound cases documenting their rights to asylee status. However, the asylum system fails to consider the lack of autonomy of asylum seekers, as they must manage trauma, lack of resources, new host societies, and the asylum process. Based on interviews (n=14) with asylum seekers, general findings reveal that inherent barriers within the asylum system position asylum seekers into a context of insecurity that undermines their agency and ability to achieve asylee status. The examination of asylum seekers interacting with the United States asylum …

Mexicans In New York City, Luis F. Nuno

Societies Without Borders

New York City witnessed a substantial growth of Mexican immigration in the postCold War Era. This paper reviews the research literature on these changes across the urban landscape in light of the sociology of human rights in the contemporary era criminalizing migration. The number of births to Mexican mothers in New York City’s hospitals between 1985-2006 documents a near ten times growth in the number of Mexican American babies born in New York City for the twenty-year period between 1985-2005. Additionally, ethnographic data examine the lived experiences of Mexican immigrants in New York City during this era. The research offers …

Stress Theory, Health, And Health Care: Self-Care Technology And Self-Identity Reinvigoration, Nicholas Gibson

Societies Without Borders

How does self-care technology influence self-concept in patients with chronic health care needs? Progressive patient reliance on self-care is tantamount to the extension of independence and self-reliance in all countries with populations experiencing chronic health challenges. With remarkable advancements in medical technology of late, understanding the effects of self-care technology on patient well-being is critical. This work explores existing literature on the intersection of medical care and technological interventions in populations dealing with chronic illnesses, through the lens of a researcher involved with the HOPE Project in Hawai'i exploring technology use by patients undergoing dialysis treatments. The perspective of this …

Grappling With Structure, Social Construction, And Morality: Towards A Human Rights Approach To Social Problems Instruction, Eric Bonds

Societies Without Borders

This essay proposes a human rights approach to social problems instruction, whereby social problems are defined as conditions in which a group’s human rights are violated due to their position in a social structure. The approach advocated here draws upon the strengths of the values-structure and social constructionist heritages in the teaching of social problems, while also correcting for some of their individual weaknesses and limitations. The essay closes by outlining what such a class might look like and includes a list of possible teaching resources and a sample class syllabus.

Loyola University Chicago International Law Symposium Keynote Address Towards An African Human Rights Perspective On The Extractive Industry, Pacifique Manirakiza

Loyola University Chicago International Law Review

No abstract provided.

Cafta-Dr's Citizen Submission Process: Is It Protecting The Indigenous Peoples Rights And Promoting The Three Pillars Of Sustainable Development? , Josephine M. Balzac

Loyola University Chicago International Law Review

No abstract provided.

January Roundtable: Responding To The Syrian Crisis, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“The World Next Genocide” by Simon Adams. New York Times, November 2012.

and

“Syria is Central to Holding Together the Mideast” by Condoleezza Rice. Washington Post, November 2012.

Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe

Human Rights & Human Welfare

With the UN High Commissioner for Refugees announcing early this year that the war in Syria may have claimed as many as 60,000 lives, two op-eds published late in 2012 usefully exemplify two contrasting frames that have thus far dominated international responses to the conflict—namely, the humanitarian frame and the geopolitical frame. Yet despite the apparent contrasts between these two frameworks, both reflect a similar contempt for the Syrian people and their right to self-determination. The humanitarian framing of the conflict emphasizes the scale of human suffering and the need to alleviate it, while the geopolitical frame accentuates political interests …

Syria: Not Libya, But Let’S Treat It Like It Is Anyway, Eric A. Heinze

Human Rights & Human Welfare

The articles by Condoleezza Rice and Simon Adams advance a series of disquieting possibilities for the future of Syria if the US and other states fail to act. While I am sympathetic to the urgency with which both writers advance their claims, there is much strained and stretched logic—as well as outright naiveté—in both authors' arguments, especially Rice's.

Human Rights Obligations To The Poor, Monica Hakimi

Book Chapters

Poverty unquestionably detracts from the human rights mission. Modern human rights law recognizes a broad range of rights - for example, "to life, liberty, and security of person" and to adequate "food, clothing, and medical care."1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational. What does human rights law actually require of states? And how might its obligations benefit the poor?

Consular Notification For Dual Nationals, 38 S. Ill. U. L.J. 73 (2013), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

In a case against the United States brought before the International Court of Justice (ICJ), Mexico sought to protect the rights of fifty-four Mexican nationals who had been arrested in the United States for various crimes and put on trial without being informed of their rights under the Vienna Convention on Consular Relations (VCCR). These fifty-four Mexican nationals all faced the death penalty in various states of the United States. Shortly after filing its case in Avena and Other Mexican Nationals, however, Mexico dropped from the case one Mexican national who was also a citizen of the United States. The …

Zizhu Chuangxin And China’S Self-Driven Innovation: Calling For A Holistic Perspective, Ken Shao

Cardozo Law Review de•novo

To present a holistic view approachable by both Western and Chinese audience, this Article will first discuss the forces operating against a holistic view of China and explain exactly what it means to employ a holistic view. Then, by emphasizing the historical, international, and developmental contexts, the Article aims to introduce the reader to real examples of a holistic perspective, and in turn, to reframe the discourse around China’s self-driven innovation.

The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf

Scholarly Works

U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum provisions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over social …

American Dreams, Trafficking Nightmares, Mariana C. Minaya

Student Articles and Papers

Under the H-2 visa scheme, American employers rely on labor recruiters to venture abroad, find prospective employees, and commit them to an employment contract for seasonal or temporary work on American farms, construction sites, hotel staffs, and other businesses. Rogue recruiters, operating in foreign countries far from the view of their American employers or law enforcement, are in effect free to employ a variety of unscrupulous means for enticing and obtaining prospective recruits. They may lie about the nature of the work that awaits the recruits in the United States, charge them illegal fees that leave them in crushing debt, …

Fairness And Politics At The Icty: Evidence From The Indictments, 39 N.C. J. Int'l L. & Com. Reg. 45 (2013), Stuart K. Ford

UIC Law Open Access Faculty Scholarship

No abstract provided.

Prison Segregation: Symposium Introduction And Preliminary Data On Racial Disparities, Margo Schlanger

Articles

For this Introduction, I undertake to look a bit more broadly at recent data. The best sources of demographic information about prisoners are the various surveys and censuses conducted by the U.S. Department of Justice Bureau of Justice Statistics (BJS). While no BJS publication directly addresses the issue, and no BJS dataset allows its full analysis, it is possible to glean something from the most recent BJS prison census, the 2005 Census of State and Federal Adult Correctional Facilities.

Human Rights Obligations To The Poor, Monica Hakimi

Faculty Scholarship

Poverty unquestionably detracts fromthe human rights mission.Modern human rights law recognizes a broad range of rights – for example, “to life, liberty, and security of person” and to adequate “food, clothing, and medical care.”1 Any number of those rights might go unrealized in conditions of extreme poverty. However, human rights law has always been partly aspirational. For those seeking to improve the lives of the poor, the key question is not what rights exist but how to make those rights operational.What does human rights law actually require of states? And how might its obligations benefit the poor?

Protecting The Lydias, Linas, And Tinas From Sex Trafficking: A Call To Eliminate Ambiguities Of 18 U.S.C. § 1591, Tiffanie N. Choate

Oklahoma Law Review

No abstract provided.