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Articles 361 - 390 of 459
Full-Text Articles in Human Rights Law
The Conflation Of Ethnicity And Religion In Malaysia: A Reflection, Mahmood Chandia, Kartina A. Choong
The Conflation Of Ethnicity And Religion In Malaysia: A Reflection, Mahmood Chandia, Kartina A. Choong
Cardozo Journal of International and Comparative Law
According to the Malaysian Constitution, a "Malay" is one who, among other things, professes the religion of Islam. All Malays are, by legal definition, at least Muslims and they are not at liberty to leave Islam since a renunciation of the Islamic faith is tantamount to a renunciation of one's legally defined ethnic identity. This constitutional conflation of ethnicity and religion, which also serves the purpose of uniting the Malays and advancing their socio-economic interests, has been a distinct feature of the social landscape of the country since 1957, when it gained independence from British rule. This Article seeks to …
Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas
Unrwa And The Convention On The Rights Of The Child: Who Is Responsible For Violations In Education?, Alexandra M.C. Douglas
Cardozo Journal of International and Comparative Law
The note argues that the Palestinian Authority's curriculum, used in UNRWA schools, violates the Convention on the Rights of the Child (CRC) by promoting a culture of violence, martyrdom, and jihad, rather than fostering respect for human rights, peace, and tolerance. It contends that donor countries, particularly the U.S. and E.U., bear responsibility for these violations due to their significant funding of UNRWA and the extraterritorial obligations under the CRC. The note proposes conditioning future funding on the adoption of a neutral education system to ensure compliance with the CRC.
Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan
Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan
Scholarly Works
Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they …
Raising Legal Giants: The Agency Of The Poor In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1990-2011, Obiora C. Okafor, Basil E. Ugochukwu
Raising Legal Giants: The Agency Of The Poor In The Human Rights Jurisprudence Of The Nigerian Appellate Courts, 1990-2011, Obiora C. Okafor, Basil E. Ugochukwu
Articles & Book Chapters
This article examines the extent to which the jurisprudence of the Nigerian appellate courts has expanded, maintained or contracted the opportunities of the poor for exercising as robustly as possible their own ‘agency’ to act to redress human rights abuses committed against them during the period between 1990 and 2011. In doing so, the article mostly utilises a critical socio-legal framework which situates Nigeria’s human rights law relating to the agency of the poor within its historical, social, economic and political context. Specifically, it utilises – among others – the kernel ideas of Upendra Baxi’s seminal trade-related market-friendly human rights …
Un Quick Impact Projects: A Stepping Stone For United Nations Missions Effectiveness Through The Creation Of A Confidence Building System, Marie Lepin
Dissertations and Theses
This thesis is focusing on the United Nations Quick Impact Projects, which were officially established as part of the UN peacekeeping missions program through the Brahimi report in 2004. Their primary purpose is to develop and strengthen the relationship between the mission and the host population. Precisely, this analysis is centering on the influence that improved relationships have on the effectiveness of a UN mission. In order to do so, the structure of this research is based on a comparative method, using interviews from the field and at the UN headquarters in New York City. The purpose of such method …
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda
The Vaccination Debate: From The Playground To The Courtroom, Michelle Corda
Public Interest Law Reporter
No abstract provided.
"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan
"Reparations Now!": Municipal Reparations, International Tribunals, And The Chicago Torture Justice Memorials Campaign, Nickolas Kaplan
Public Interest Law Reporter
No abstract provided.
Does America Care About Mental Health Care?, Zainab Mehkeri
Does America Care About Mental Health Care?, Zainab Mehkeri
Public Interest Law Reporter
No abstract provided.
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Coop Businesses: Ownership For The Disowned, Tyler Gurss
Public Interest Law Reporter
No abstract provided.
Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs
Congress Addresses Federally-Funded Animal Research Lab, Angela Sukurs
Public Interest Law Reporter
No abstract provided.
The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford
The Future Of United States "Wet Foot-Dry Foot" Policy For Cuban Immigration, Elizabeth Hanford
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
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 …
Immigrant Victims, Immigrant Accusers, Michael Kagan
Immigrant Victims, Immigrant Accusers, Michael Kagan
Scholarly Works
The U Visa program provides an immigration status to noncitizen victims of crime, which is essential to prevent unauthorized immigrants from being afraid to seek help from the police, and thus becoming easy prey for criminals. This visa falls into a category of immigration programs that grant benefits on the basis of victim status, rather than on family or employment connections to the United States. But the federal government structured the U Visa program so that in order to be protected as a victim, a person must also become an accuser. The U Visa thus implicates the rights of third …
Pharmaceutical Patents And The Human Right To Health: The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer
Pharmaceutical Patents And The Human Right To Health: The Contested Evolution Of The Transnational Legal Order On Access To Medicines, Laurence R. Helfer
Faculty Scholarship
Disputes over the regulation of access to medicines are occurring in multiple transnational, national, and local venues. Competing groups of states and non-state actors shift horizontally and vertically among these forums in an effort to develop competing legal rules over the propriety of granting intellectual property (IP) protection to newly developed life-saving drugs. This chapter applies the framework of Transnational Legal Orders (Terence C. Halliday & Gregory Shaffer, eds. 2015) to explain the origins of these controversies and their consequences. The chapter argues that the current state of affairs arose from a clash between two previously discrete TLOs—one relating to …
Catholic Social Thought And Human Rights, Zachary R. Calo
Catholic Social Thought And Human Rights, Zachary R. Calo
Scholarly Works
As the dominant moral vocabulary of modernity, the language of human rights establishes significant points of contact between the religious and the secular. Yet, the human rights movement increasingly finds itself in a contested relationship with religious ideas and communities. Even as it draws on the inherited moral resources of religion, the human rights movement, at least in its dominant institutional and intellectual expressions, presents itself as a totalizing moral theory that challenges countervailing theological accounts of human rights. This article considers the distinctive account of human rights that has emerged within Catholic social teaching. Particular attention is given to …