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Human Rights Law Commons

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2015

Discipline
Institution
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Articles 241 - 270 of 459

Full-Text Articles in Human Rights Law

Marriage, The Constitution, And The Future Of Family Law, Mark Strasser Mar 2015

Marriage, The Constitution, And The Future Of Family Law, Mark Strasser

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead Mar 2015

Private In Name Only: A Statutory And Constitutional Analysis Of Milwaukee’S Private School Voucher Program, Julie F. Mead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Military's Sexual Assault Blind Spot, Eric R. Carpenter Mar 2015

The Military's Sexual Assault Blind Spot, Eric R. Carpenter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Revival Of Substantive Equity: Increased Household Risk, Safety Valve Litigation And Availability Of The Erisa Stock Drop Jury, James F. Parker Mar 2015

Revival Of Substantive Equity: Increased Household Risk, Safety Valve Litigation And Availability Of The Erisa Stock Drop Jury, James F. Parker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson Mar 2015

A Failure To Rehabilitate: Leaving Disability Insurance Out Of The Mental Health Parity Debate, Christopher R. Wilson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White Mar 2015

Centralized Prosecution: Cross-Designated Prosecutors And An Unconstitutional Concentration Of Power, Haley White

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens Mar 2015

Plyler Students At Work: The Case For Granting Law Licenses To Undocumented Immigrants, Lindy Stevens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


What Is The Future Of Transitional Justice?, Makau Wa Mutua Mar 2015

What Is The Future Of Transitional Justice?, Makau Wa Mutua

Journal Articles

This piece explores and critiques the project of transitional justice. It has been more than a quarter of a century since transitional justice burst onto the global stage. Over the years it has come to be billed as a panacea for addressing deeply embedded social and political dysfunction after periods of mass repression and violence. Many theorists and policy makers have argued that it is a key bridge to sustainable peace, democracy and human rights. But the historical record is not clear about a direct causal relationship between transitional justice mechanisms and specific outcomes in post-conflict societies. In some cases, …


The Future Of The Death Penalty In The United States, Richard C. Dieter Mar 2015

The Future Of The Death Penalty In The United States, Richard C. Dieter

University of Richmond Law Review

No abstract provided.


Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam Feb 2015

Big Philanthropy’S Unrestrained Influence On Public Education: A Call For Change, Noelle Quam

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Keynote Speaker, Jonathan Rapping Feb 2015

Keynote Speaker, Jonathan Rapping

Working in the Public Interest Conferences

Keynote address presented by president and founder of Gideon’s Promise and director of the honors program in criminal justice at Atlanta’s John Marshall Law School, lecturer on law at Harvard Law School, 2014 MacArthur Foundation fellow and "genius grant" recipient, and 2013 Public Interest Scholar in Residence at Touro Law School.


Prisoners Of Debt: Costs And Consequences Of Civil Penalties And Routine Criminal Procedures, Russell C. Gabriel, Charles E. Auslander Iii, Sarah Geraghty, Edward Brumby Feb 2015

Prisoners Of Debt: Costs And Consequences Of Civil Penalties And Routine Criminal Procedures, Russell C. Gabriel, Charles E. Auslander Iii, Sarah Geraghty, Edward Brumby

Working in the Public Interest Conferences

This panel will consider the costs incurred by people when their lives become entwined with law enforcement, the collateral consequences of criminal sentences, and civil penalties. From the fees associated with probation, to the costs that a person incurs when they are arrested for a failure to appear in court, to the consequences of being jailed when bail exceeds a person's means, are the punitive consequences proportionate to the offense? This panel discussed the costs incurred by citizens who become trapped in a cycle of debt and imprisonment and the options for alleviating undue collateral consequences.


Current Issues And Pro Bono Opportunities In Immigration Law: Asylum, Due Process And Enforcement Concerns, Jason A. Cade, Azadeh Shahshahani, Dana Leigh Marks, Joseph H. Rosen Feb 2015

Current Issues And Pro Bono Opportunities In Immigration Law: Asylum, Due Process And Enforcement Concerns, Jason A. Cade, Azadeh Shahshahani, Dana Leigh Marks, Joseph H. Rosen

Working in the Public Interest Conferences

Immigration courts must handle a large number of cases, including asylum cases, with extremely limited resources. Adequate legal representation is not always available, giving rise to concerns about the integrity of the deportation process and the treatment of persons subject to U.S. immigration law. This panel discussed the nature of the due process problems, the practical consequences faced by people moving through the system, deportation and incarceration issues, and the services attorneys can provide to vulnerable individuals.


Human Trafficking: Georgia's Response To An International Problem, Diane Marie Amann, Sam Olens, Martina Vandenberg, Rosa De Kelly, Mark Northcutt Feb 2015

Human Trafficking: Georgia's Response To An International Problem, Diane Marie Amann, Sam Olens, Martina Vandenberg, Rosa De Kelly, Mark Northcutt

Working in the Public Interest Conferences

In October 2014, Georgia Attorney General Sam Olens announced the appointment of a dedicated human trafficking prosecutor. The scale and horrific consequences of human trafficking have prompted international concern, with the United States ratifying the UN Trafficking Protocol (supplementing the Convention against Transnational Organized Crime) in 2005. At the same time, domestic sex trafficking often involved children who have never crossed state lines. While federal law controls important components of assisting victims of human trafficking, the prevention and punishment of human trafficking requires the commitment of state resources and the enforcement of state laws. Georgia has tough laws and an …


Welcoming Remarks, Peter B. Rutledge Feb 2015

Welcoming Remarks, Peter B. Rutledge

Working in the Public Interest Conferences

No abstract provided.


Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack Feb 2015

Trending@Rwu Law: Professor Emily Sack's Post: More Death Penalty Puzzles Highlighted By New Supreme Court Case, Emily Sack

Law School Blogs

No abstract provided.


The Right To Counsel Must Be Protected And Expanded, Lauren Carasik Feb 2015

The Right To Counsel Must Be Protected And Expanded, Lauren Carasik

Media Presence

No abstract provided.


Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer Feb 2015

Book Review: Nuclear Weapons And Law. Ed. Arthur Selwyn Miller And Martin Feinrider. Westport, Connecticut: Greenwood Press, 1984., Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Causality In Contemporary American Sociology: An Empirical Assessment And Critique, Brandon Vaidyanathan, Michael Strand, Austin Choi-Fitzpatrick, Thomas Buschman, Meghan Davis, Amanda Varela Feb 2015

Causality In Contemporary American Sociology: An Empirical Assessment And Critique, Brandon Vaidyanathan, Michael Strand, Austin Choi-Fitzpatrick, Thomas Buschman, Meghan Davis, Amanda Varela

School of Peace Studies: Faculty Scholarship

Using a unique data set of causal usage drawn from research articles published between 2006–2008 in the American Journal of Sociology and American Sociological Review, this article offers an empirical assessment of causality in American sociology. Testing various aspects of what we consider the conventional wisdom on causality in the discipline, we find that (1) “variablistic” or “covering law” models are not the dominant way of making causal claims, (2) research methods affect but do not determine causal usage, and (3) the use of explicit causal language and the concept of “mechanisms” to make causal claims is limited. Instead, we …


Is There A Way Out Of The Non-International Armed Conflict Detention Dilemma?, Gabor Rona Feb 2015

Is There A Way Out Of The Non-International Armed Conflict Detention Dilemma?, Gabor Rona

International Law Studies

Detention in non-international armed conflicts (NIACs, or wars fought between States and non-State armed groups) is a time-honored military and humanitarian necessity. And yet, the principles of sovereignty, the texts of the law of armed conflict and international human rights law and the historical record leave little doubt: international law recognizes no inherent detention power in such wars. As long as NIACs were purely internal civil wars, there was little basis to question the exclusive role of domestic law in regulating detention of the enemy. With the advent of transnational NIACs, such as the war in Afghanistan involving multi-national forces …


Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey Feb 2015

Targeting And Detention In Non-International Armed Conflict: Serdar Mohammed And The Limits Of Human Rights Convergence, Aurel Sari, Sean Aughey

International Law Studies

In recent years, the United Kingdom has seen a steady flow of legal challenges arising out of its involvement in the armed conflicts in Afghanistan and Iraq. Among these, the case of Serdar Mohammed, decided by the English High Court in May 2014, is of particular interest because of its wider implications. In essence, the High Court’s judgment in Mohammed questions the existence of a legal basis under the law of armed conflict for the conduct of status-based operations in non-international armed conflicts. This article demonstrates that the restrictive approach adopted by the High Court in Mohammed is mistaken as …


Supreme Court Should Not Gut Fair Housing Protections, Lauren Carasik Feb 2015

Supreme Court Should Not Gut Fair Housing Protections, Lauren Carasik

Media Presence

No abstract provided.


Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment Feb 2015

Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In February 2015, CCSI sent comments to the World Bank regarding its draft Environmental and Social Framework. This took place in the context of the Bank’s consultations on the review and update of its safeguards policies. CCSI’s comments focused on ensuring consistent and comprehensive application of the framework, and on the need to more expansively incorporate human rights standards. The memo also underlined the need to protect all legitimate tenure rights, including those not currently recognized by national law, and to limit the permissibility of forced evictions. In addition, the comments include proposed amendments that would ensure that government borrowers …


Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag Feb 2015

Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag

Cardozo Law Review

Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …


Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake Jan 2015

Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake

Georgia Journal of International & Comparative Law

No abstract provided.


Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods Jan 2015

Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods

Law Faculty Scholarly Articles

The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …


Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler Jan 2015

Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler

Georgia Journal of International & Comparative Law

No abstract provided.


Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate Jan 2015

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …


Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor Jan 2015

Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor

Student Works

Nations around the world are beginning to acknowledge that climate change is an imminent threat to our planet and are responding with mitigation efforts. REDD+ (reducing emissions from deforestation and degradation plus) may be a way to minimize the deforestation that has lead to the increased greenhouse gas emissions causing a change in our global climate. Although REDD+ is one the leading proposals to address climate change, it lends itself to potentially harmful effects on indigenous people, if the regulating nation does not possess adequate policy for protections of their indigenous peoples. Indigenous peoples face the challenge of safeguarding access …


Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh Jan 2015

Submerging Islands: Tuvalu And Kiribati As Case Studies Illustrating The Need For A Climate Refugee Treaty, Rana Balesh

Student Works

No abstract provided.