Human Rights Law Commons^™

Statutes Of Ill Repose And Threshold Canons Of Construction: A Unified Approach To Ambiguity After San Carlos Apache Tribe V. United States, Daniel Lee

Seattle University Law Review

Historically, the San Carlos Apache Tribe depended on the Gila River to irrigate crops and sustain a population of around 14,000 tribe members. The river is also sacred to the Tribe and central to the Tribe’s culture and spirituality. Initially, the federal government had recognized the Tribe’s dependence on the Gila River by reserving, under the Winters doctrine, water rights necessary to support the San Carlos Apache Reservation. Acting as the Tribe’s trustee, the United States entered into the Globe Equity Decree (the Decree), which prevented the San Carlos Apache Tribe from claiming water rights under the Winters doctrine and …

The Gay Accent, Gender, And Title Vii Employment Discrimination, Ryan Castle

Seattle University Law Review

While race, religion, ethnicity, and sex will always remain salient social issues in our nation, sexual orientation is currently at the forefront of our national debate and will likely not abate in the foreseeable future. Federal courts, for example, struggle in differentiating sex, gender, and sexuality when adjudicating Title VII employment discrimination claims. Because Title VII does not protect employees from sexual orientation-based discrimination, plaintiffs who are or are perceived to be of a sexual minority have difficulty proving a valid sex-based discrimination claim in federal court. This difficulty arises because one cannot perceive sex, gender, and sexuality without muddling …

The Achievement Gap And Disparate Impact Discrimination In Washington Schools, Sarah Albertson

Seattle University Law Review

In today’s public schools, students designated as “white” and “Asian” consistently outperform students from other ethnic groups in test scores and graduation rates. These disparities, commonly called “the achievement gap,” are a symptom of greater issues, or “opportunity gaps.” Washington State has recently taken a further step to address the achievement gap and racial discrimination in schools. In 2010, the Washington legislature passed the Equal Education Opportunity Law (EEOL), HB 3026, in response to the recommendations in commissioned achievement gap studies. The EEOL authorizes the Office of the Superintendent of Public Instruction (OSPI) to enforce this law through regulations. This …

Atrocity Crimes Litigation Year-In-Review Conference 2011, Phil Sandick

Northwestern Journal of Human Rights

No abstract provided.

Delegating Investigations: Lessons To Be Learned From The Lubanga Judgment, Caroline Buisman

Northwestern Journal of Human Rights

No abstract provided.

“Religious Freedom,” The Individual Mandate, And Gifts: On Why The Church Is Not A Bomb Shelter, Patrick Mckinley Brennan

Working Paper Series

The Health and Human Services' regulatory requirement that all but a narrow set of "religious" employers provide contraceptives to employees is an example of what Robert Post and Nancy Rosenblum refer to as a growing "congruence" between civil society's values and the state's legally enacted policy. Catholics and many others have resisted the HHS requirement on the ground that it violates "religious freedom." They ask (in the words of Cardinal Dolan) to be "left alone" by the state. But the argument to be "left alone" overlooks or suppresses the fact that the Catholic Church understands that it is its role …

Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore

Faculty Book Display Case

This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the …

Corporate Tort Liability Under The Alien Tort Statute Post-Kiobel, Scott E. Allbright Jr.

University of Miami Business Law Review

No abstract provided.

Icty In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Elena Baca, Kevin Jacopchek, Kristin Leasia, Matthew Young, Jiayi Yue

Northwestern Journal of Human Rights

No abstract provided.

Provisional Release At The Icty: Rights Of The Accused And The Debate That Amended A Rule, Raphael Sznajder

Northwestern Journal of Human Rights

No abstract provided.

Atrocity Crimes Litigaton: Year-In-Review (2011) Conference Abridged Transcript, David Scheffer

Northwestern Journal of Human Rights

No abstract provided.

A Janus Look At International Criminal Justice, Diane Marie Amann

Northwestern Journal of Human Rights

No abstract provided.

Superior Responsibility, Inferior Sentencing: Sentencing Practice At The International Criminal Tribunals, Christine Bishai

Northwestern Journal of Human Rights

No abstract provided.

Icc In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Ashagrie Abdi, Jessica Dwinell, Kelly Hamren Anderson, Jamie Liebert, Puspa Pokharel

Northwestern Journal of Human Rights

No abstract provided.

Ictr In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Elena Baca, Jessica Dwinell, Chang Liu, Joy Mcclellan Dineo, Alexandra Mcdonald, Takeshi Yoshida

Northwestern Journal of Human Rights

No abstract provided.

Stl In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Kelsey Green, Michael Novak

Northwestern Journal of Human Rights

No abstract provided.

Eccc In The Year 2011: Atrocity Crime Litigation Review For The Year 2011, Melissa Hindman, Victoria Jiha Lee, Alice Lin

Northwestern Journal of Human Rights

No abstract provided.

Using A Human Rights Approach In Immigration Advocacy: An Introduction, Rebecca Sharpless, Robert Pauw, Judith L. Wood

Articles

No abstract provided.

Book Review: Reimagining Child Soldiers In International Law And Policy By Mark A. Drumbl., Diane Marie Amann

Scholarly Works

Book review of Reimagining Child Soldiers in International Law and Policy by Mark A. Drumbl(New York: Oxford Univ. Press, 2012).

Transnational Corporations' Outward Expression Of Inward Self-Constitution: The Enforcement Of Human Rights By Apple, Inc., Larry Cata Backer

Indiana Journal of Global Legal Studies

Societal constitutionalism presents us with alternatives to state-centered constitutional theory. But this alternative does not so much displace as extend conventional constitutional theory as a set of static premises that structure the organization of legitimate governance units. Constitutional theory, in either its conventional or societal forms, engages in both a descriptive and a normative project-the former looking to the incarnation of an abstraction and the later to the development of a set of presumptions and principles through which this incarnation can be judged. Constitutional theory is conventionally applied to states-that is, to those manifestations of organized power constituted by a …

The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk

Vanderbilt Law School Faculty Publications

Alien Tort Statute litigation has generated a growing number of questions about the the scope of statute, but in Kiobel v. Royal Dutch Petroleum Co. the Supreme Court finally answered one of them: the presumption against extraterritoriality applies to the statute. Going forward, courts may apply a robust version of the presumption, effectively ending ATS litigation as we currently know it. Or, they may not. The Court’s citations to Morrison v. Nat’l Austl. Bank Ltd. suggest the former; some language in the various opinions suggests the latter. This article explores these uncertainties and also discusses additional factors that may be …

The Tragic Tale Of Guantanamo Detainee #684, Lauren Carasik

Media Presence

No abstract provided.

Honduras: When Will The Us Stop Funding Death Squads?, Lauren Carasik

Media Presence

No abstract provided.

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

Humanity And National Security: The Law Of Mass Atrocity Response Operations, Keith A. Petty

Michigan Journal of International Law

Among the greatest threats to global security is the slaughter of civilians. This is due to the inconsistent reaction of the international community to genocide and other atrocity crimes. Whether it was the slaughter of hundreds of thousands of Armenians in Turkey in 1915 or Rwandan Tutsis in 1994, mass murderers act with impunity when there is not a forceful response. Contrast these situations to Vietnam’s intervention in Cambodia in 1978 that put an end to the Khmer Rouge’s nightmarish killing fields, or the North Atlantic Treaty Organization’s (NATO) intervention in Kosovo in 1999 that protected ethnic Albanians from Serb …

Advancing The Right To Health Through Global Organizations: The Potential Role Of A Framework Convention On Global Health, Eric A. Friedman, Lawrence O. Gostin, Kent Buse

Georgetown Law Faculty Publications and Other Works

Organizations, partnerships, and alliances form the building blocks of global governance. Global health organizations thus have the potential to play a formative role in determining the extent to which people are able to realize their right to health.

This article examines how major global health organizations, such as WHO, the Global Fund to Fight AIDS, TB and Malaria, UNAIDS, and GAVI approach human rights concerns, including equality, accountability, and inclusive participation. We argue that organizational support for the right to health must transition from ad hoc and partial to permanent and comprehensive.

Drawing on the literature and our knowledge of …

The Priority Of Persons Revisited, John M. Finnis

Journal Articles

This essay, in the context of a conference on justice, reviews and reaffirms the main theses of “The Priority of Persons” (2000), and supplements them with the benefit of hindsight in six theses. The wrongness of Roe v. Wade goes wider than was indicated. The secularist scientistic or naturalist dimension of the reigning contemporary ideology is inconsistent with the spiritual reality manifested in every word or gesture of its proponents. The temporal continuity of the existence of human persons and their communities is highly significant for the common good, which is the point and measure of social justice, properly understood. …

Realizing The Right To Health Through A Framework Convention On Global Health?, Eric A. Friedman, Jashodhara Dasgupta, Alicia E. Yamin, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article introduces a special issue of Health and Human Rights (volume 15, issue 1) that features articles exploring potential elements of and key questions and issues surrounding the Framework Convention on Global Health (FCGH). The FCGH is a proposed global health treaty that would be grounded in the right to health, with the aim of closing domestic and global health inequities. It would set standards and ensure financing for health care and public health services, while also addressing social determinants of health. The FCGH would raise the priority of health in other sectors, ensure effective private sector regulation, and …

Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole

Touro Law Review

Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.

The Behavior Of The French Army During The Dreyfus Affair, General André Bach

Touro Law Review

Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.