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Articles 361 - 390 of 457
Full-Text Articles in Human Rights Law
Lawyers Represent Clients ... Or Do They?, Alan Mills
Lawyers Represent Clients ... Or Do They?, Alan Mills
Public Interest Law Reporter
In most cases, lawyers file cases on behalf of clients. However, lawyers do not-get to make substantive decisions about the cases we work on; our clients do. Illinois Rule of Professional Conduct 1.2 makes this clear: [A] lawyer shall abide by a client's decisions concerning the objectives of representation and .. . Shall consult with the client as to the means by which they are to be pursued. But what happens in a class action lawsuit? Once a class is certified, lawyers represent both named plaintiffs and every member of the class. What happens when there is a conflict between …
Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia
Making Higher Education An Option: Taking A Look At The Chicago Support System For Undocumented High School Students, Martha Laura Garcia
Public Interest Law Reporter
From the injunction on the President's Executive Action to expand the current immigration policies to the current language presidential candidates have used when speaking about immigration reform, immigrants have more than enough reasons to feel uneasy about their future in this country. All is not bad, however, especially for undocumented students. Cities like Chicago, a city of immigrants, are making great strides to create welcoming and supportive communities for immigrants. Compared to other U.S. cities, Chicago is very immigrant-friendly, with people working across the city to provide support for undocumented students and ensure that they have access to higher education. …
Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon
Polling Stations Not Up To Ada Standards Prevent Voting, Bethany Dixon
Public Interest Law Reporter
No abstract provided.
Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez
Finding Common Ground: Exploring Whether Gentrification And Public Housing Can Co-Exist, Adrien Fernandez
Public Interest Law Reporter
No abstract provided.
State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang
State Budget Cuts Cause Disproportional Impact On Minorities, Women, And Immigrants, Ji Hwang
Public Interest Law Reporter
No abstract provided.
Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy
Who's In The Sights: Fighting The Illegal Effects Of Legal Gun Ownership In Chicago, Sarah Nagy
Public Interest Law Reporter
No abstract provided.
Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond
Should Transgender Men And Women Be Allowed To Get Sex Reassignment Surgery While Incarcerated?, Keimer Raymond
Public Interest Law Reporter
No abstract provided.
Are The Sexual Assault Policies On Illinois College Campuses Procedurally Structured To Support The Reproductive Rights Of Female Victims?, Erika Weaver
Public Interest Law Reporter
No abstract provided.
Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos
Marriage Certificates, Wedding Bells Unemployment Lines: Employment Discrimination Issues Post Marriage Equality, Joel Viramontes-Gallegos
Public Interest Law Reporter
No abstract provided.
How Chicago Is Criminalizing Homelessness, Anthony Wadas
How Chicago Is Criminalizing Homelessness, Anthony Wadas
Public Interest Law Reporter
Chicago passed an ordinance banning "aggressive panhandling," and the definition is rather broad, providing no clear definition of what constitutes "aggressive." The ordinance outright bans panhandling in certain locations, such as within ten feet of any CTA bus stop, "L" entrance, ATMs, or certain businesses including currency exchanges, banks, and outdoor cafes. Additionally, individuals are prohibited from soliciting people in vehicles for donations. Further, it prohibits soliciting in a manner that a reasonable person would find intimidating. Faced with these efforts to criminalize the homeless condition, individuals living on the streets face additional struggles when trying to escape poverty. People …
Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar
Civil Asset Forfeiture Reform: Is Chicago Making The Grade?, Austin Spillar
Public Interest Law Reporter
Civil asset forfeiture allows police to seize a person's cash and property without charging or convicting them of a crime, or even without making an arrest. The police simply just have to suspect that the assets are tied to an illegal activity. This leads some to call it "legal robbery," while law enforcement sees it as a tool to fight crime and supplement their budget. This article will examine civil asset forfeiture and its proceeds, emerging efforts for reform, and recent data and case law on civil asset forfeiture in Chicago.
Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill
Political Activism: Chicago Politicians' Silence When Black Lives Matter, Alison Hill
Public Interest Law Reporter
No abstract provided.
The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall
The Fight That Must Be Fought: Reflections On Race, School, Struggle And Sacrifice On The South Side Of Chicago, David Stovall
Public Interest Law Reporter
The following paragraphs are centered in the realities of life in a hyper-segregated city that moves to displace, marginalize and isolate certain members of its population while making space for new investments in housing and other infrastructure. The story is layered and multi-pronged, while deeply imbued in the politics of race, class, and government. Fortunately for some members of the city, the struggle for the basic needs of housing, education and quality of life has not ended. Instead, a public awakening has begun to ignite city members to work in unison to change the current condition.
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith
The Color Of Pain: Blacks And The U.S. Health Care System--Can The Affordable Care Act Help To Heal A History Of Injustice?, Part I, Jennifer M. Smith
Journal Publications
Discrimination in its various forms has contributed to the exclusion of blacks and other people of color from the field of medicine both as health care providers and as patients in the United States. Dr. Robinson's story is but one example. Racism has significantly harmed the health care of black people in the U.S. Generally speaking, those with the poorest health and the greatest need have had the poorest access to medical care, as well as lower quality health care than their white counterparts. To understand this, we must consider the historical context of blacks in America and in America's …
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Publications
No abstract provided.
Las Madres De Plaza De Mayo, Then And Now: A Comparative Analysis Of Its Fractured Factions And Lasting Sybolism In Buenos Aires, Argentina, Sondra Anton
Undergraduate Research Symposium Posters
I conducted research on three different factions of the original Madres de Plaza de Mayo cause in Buenos Aires, Argentina: Asociación Madres de Plaza de Mayo, Madres de Plaza de Mayo Línea Fundadora, and Abuelas de Plaza de Mayo. Through interviews and archival research, I have completed a comparison of the three groups. I have concluded that although their original cause of demanding the whereabouts of their disappeared children united them, they are now deeply fragmented among one another due to their differing opinions of how to achieve justice in post-Dirty War Argentina. Furthermore, it is interesting to note the …
New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp
New Perspectives On European Women’S Legal History, Sara L. Kimble, Marion Rowekamp
School of Continuing and Professional Studies Faculty and Staff Works
No abstract provided.
Expanding The Array Of Accountable Actors: Human Rights And Corporate Social Responsibility, Erika George
Expanding The Array Of Accountable Actors: Human Rights And Corporate Social Responsibility, Erika George
Faculty Scholarship
Additional actors are being asked to assume responsibility for protecting human rights and preventing violations. I argue that it is appropriate and important to expand the human rights paradigm into other arenas, including corporate social responsibility. Expanding the array of actors understood to have a responsibility to respect human rights could serve to aid an under-resourced and overburdened human rights system to advance the rights protections that it was created to promote. While human rights activists have traditionally turned to intergovernmental institutions and state governments to protect rights and to remedy violations, the recent trend is to expand our understanding …
Ending The Isolation: An Introduction To The Special Volume On Human Rights And Solitary Confinement, Debra Parkes
Ending The Isolation: An Introduction To The Special Volume On Human Rights And Solitary Confinement, Debra Parkes
All Faculty Publications
Prisoners and their advocates in Canada and around the world have been calling attention to the harms and impact of solitary confinement for some time. What is significant about the current moment is that these calls seem to be achieving some traction, even as the use of solitary confinement grows across jurisdictions. This short piece introduces a special volume of the Canadian Journal of Human Rights which collects the writing of advocates and scholars from a range of disciplines (criminology, law, philosophy) who bring a variety of perspectives and methodologies to bear on the opaque correctional systems that hold human …
Contesting Unmodulated Deprivation: Sauvé V Canada And The Normative Limits Of Punishment, Efrat Arbel
Contesting Unmodulated Deprivation: Sauvé V Canada And The Normative Limits Of Punishment, Efrat Arbel
All Faculty Publications
Despite a pressing need for judicial guidance on the legalities of administrative segregation, Canadian courts have yet to outline clear, comprehensive principles by which to assess its deployment. While some courts have rebuked the Correctional Service of Canada for the improper use of administrative segregation in specific cases, the regulation of the practice more broadly has proven elusive. This article turns to the Supreme Court of Canada’s prisoner voting rights decision in Sauvé v Canada for guidance in this regard. Since its release in 2002, Sauvé has been applied largely in cases involving political rights, and rarely in cases involving …
Coal And Gold, Hard And Cold: Using Trade Agreements To Resolve Human Rights Violations In The Caribbean Colombia Mineral Extraction Industry, Stephen Joseph Powell
Coal And Gold, Hard And Cold: Using Trade Agreements To Resolve Human Rights Violations In The Caribbean Colombia Mineral Extraction Industry, Stephen Joseph Powell
Intercultural Human Rights Law Review
The obvious recipients of the bounty made possible by modem regional trade agreements (RTAs) are the transnational corporations (TNCs) whose markets these agreements expand and whose investments they protect. It is equally clear, however, that TNCs have escaped direct responsibility for compliance with the obligations undertaken in these agreements, leaving the actionforcing commitments to the signatory governments. Such an escape from quasi-signatory status is inconsistent with emerging international law. In the fields of international criminal and human rights law, it "has long been recognized.., that international law imposes duties and liabilities upon individuals as well as States. Moreover, in most …
The Post-Postcolonial Woman Or Child, Diane Marie Amann
The Post-Postcolonial Woman Or Child, Diane Marie Amann
Scholarly Works
This essay is based on remarks given as Distinguished Discussant for the 16th annual Grotius Lecture at the 2014 Annual Meeting of the American Society of International Law/Biennial Conference of the International Law Association. The essay examines the international law status of women, on the one hand, and children, on the other, through the contemporary lens of the post-postcolonial world and the historical lens of Hugo Grotius and the colonialist era. In so doing, the essay responds to the principal Grotius Lecture, "Women and Children: The Cutting Edge of International Law," which was delivered by Radhika Coomarswamy, NYU Global Professor …
Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury
Beyond Culture: Human Rights Universalisms Versus Religious And Cultural Relativism In The Activism For Gender Justice, Cyra Akila Choudhury
Faculty Publications
No abstract provided.
Grounding Human Rights In Natural Law, John M. Finnis
Grounding Human Rights In Natural Law, John M. Finnis
Journal Articles
Of the published reviews of Natural Law and Natural Rights, one of the most, and most enduringly, influential was Ernest Fortin's review-article "The New Rights Theory and the Natural Law" (1982). The present essay takes the occasion of that review's latest republication to respond to its main criticisms of the theory of natural law and natural or human rights that is articulated in Natural Law and Natural Rights. The response deals with a number of fundamental or strategically important issues: the freedom of thought and/or the intellectual autonomy and integrity of work within an intellectual tradition that overlaps with a …
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo G. Carozza
Journal Articles
A former President of the Inter-American Commission on Human Rights, Paolo Carozza draws on his personal experience to identify and propose solutions for a key flaw in the Inter-American Human Rights System: the division between English-language member states and states with Latin-based languages. Terming this division "The Anglo-Latin Divide," Carozza traces the division not only to linguistic difference, but also to differences in legal traditions. He explains how the differences between Anglo tradition of common law and the Latin tradition of civil law manifest in both substantive and procedural divides within the Inter-American Human Rights system, including in sensitive areas …
Particularized Social Groups And Categorical Imperatives In Refugee Law: State Failures To Recognize Gender And The Legal Reception Of Gender Persecution Claims In Canada, The United Kingdom, And The United States, Melanie Randall
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Trafficking In Law: Cause Lawyer, Bureaucratic State And Rights Of Human Trafficking Victims In Thailand, Frank W. Munger
Trafficking In Law: Cause Lawyer, Bureaucratic State And Rights Of Human Trafficking Victims In Thailand, Frank W. Munger
Articles & Chapters
In this case study of a young, Thai “cause lawyer”, advocacy for human rights is considered in context. The most important elements of that context are the path of development of Thai political and legal institutions, globalisation of law, and the networks of relationships that penetrate the state. The case study shows that human rights advocacy by NGO lawyers can adapt creatively to unpromising conditions under which courts provide little access or oversight. At the same time, the case study raises profound questions about the ultimate independence of cause lawyers when the state must be made a partner in order …
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In Canada, S. James Anaya
Publications
No abstract provided.
Draft Provincial/Territorial Legislation To Implement A Regulatory Framework For Medically-Assisted Dying Consistent With Carter V. Canada (Attorney General) 2015 Scc 5 And The Final Report Of The Provincial-Territorial Expert Advisory Group On Physician-Assisted Dying, Jocelyn Downie
Reports & Public Policy Documents
On February 6, 2015, the Supreme Court of Canada unanimously declared that the Criminal Code prohibitions on physician-assisted dying (both assisted suicide and voluntary euthanasia) violate the Canadian Charter of Rights and Freedoms. They immediately suspended the declaration for 12 months thus allowing the government time to craft new legislation. This paper is a contribution to the project of meeting that deadline -- it presents draft provincial/territorial legislation. This draft legislation is based on: 1) a thorough review of existing legislation in all permissive regimes throughout the world (reviewed through a "lessons learned" lens); 2) the requirements for constitutional validity …
A Road To Home: The Right To Housing In Canada And Around The World, Darcel Bullen
A Road To Home: The Right To Housing In Canada And Around The World, Darcel Bullen
Journal of Law and Social Policy
Collects papers presented at the Right to Housing symposium, “A Road to Home: The Right to Housing in Canada and Around the World” held in Toronto, 24 October 2013. Contributors speak to the various interventions and strategies used to actualize housing as a fundamental human right in South Africa, France, the United States, Scotland, and Canada, ranging from litigation, to community awareness building, to protests, and to lobbying. Also speaks to the challenges of enforcement of the right to housing once that right is recognized at law.