Human Rights Law Commons^™

Recognizing Challenges And Opportunities In The Quest To End Hunger, Jennifer Williams Zwagerman

Texas A&M Law Review

As an attorney and professor that does not focus on intellectual property law, I was a bit apprehensive about providing a keynote address for a Symposium focusing on “Agriculture, Intellectual Property, and Feeding the World in the 21st Century.” As I thought about this topic, knowing that there were other speakers who would focus more on the IP issues and technical aspects of various topics, I kept coming back to the importance of technology as we worktowards the goal of feeding the world, and the many ways in which innovation plays a role in meeting that goal. It also brought …

The Evolution Of The European Union's Asylum Policy Through The 2015 Migrant Crisis, Roshni J. Sopariwalla

Claremont-UC Undergraduate Research Conference on the European Union

Since 2015, an unexpected number of migrants have rushed to the European Union in hopes of improving their lives. Contrary to their expectations, asylum-seekers realized that the EU is neither prepared nor willing to host them. This paper follows the progression of the EU’s asylum policies, beginning with the 1951 Geneva Convention and the principle of non-refoulement. After establishing the criteria necessary for a migrant to be legally recognized as a refugee, the paper will look at how the EU evaluates individual applications for asylum. Through the lens of the 2015 Migrant Crisis, this paper highlights the shortcomings of the …

Campus Misconduct Proceeding Outcome Notifications: A Title Ix, Clery Act, And Ferpa Compliance Blueprint, James T. Koebel

Pace Law Review

This Article analyzes and attempts to bring order to the interaction of Title IX and OCR’s current guidance thereunder, the Clery Act and its recent Campus SaVE Act amendments, and FERPA when an institution provides a complainant, respondent, or member of the general public notice of the outcome of a misconduct proceeding for any offense defined under those laws. This Article is limited in scope and does not address all confidentiality issues that may arise during a postsecondary misconduct investigation or hearing, such as the disclosure of investigative reports. Part I briefly summarizes Title IX, the Clery Act, and FERPA …

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Need For Non-Discrimination Laws Protecting Lgbt People In Kentucky, Ellen Riggle

Center for Equality and Social Justice Position Papers

Non-discrimination laws that include sexual orientation and gender identity provide protections for people who identify as lesbian, gay, bisexual, and transgender (LGBT). Further, inclusive non-discrimination laws signal a commitment to equality and fairness in the treatment of all individuals. However, statewide nondiscrimination laws in Kentucky do not include protections against discrimination based on sexual orientation or gender identity. This lack of protection creates risks for the unfair treatment of LGBT people in Kentucky.

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Blueprint For A Fairer Aba Standard For Judging Law Graduates’ Competence: How A Standard Based On Students’ Scores In Relation To The National Mean Mbe Score Properly Balances Consumer Safety With Increased Diversity In The Bar, William Wesley Patton

Washington and Lee Journal of Civil Rights and Social Justice

Current and recently proposed American Bar Association (ABA) standards regarding students’ bar passage rates have a significant disparate impact on states that have adopted difficult bar examination passage standards (the Multistate Bar Exam (MBE cut scores). Many scholars have demonstrated that the ABA bar passage standards have a negative impact on diversity in the bar by discouraging law schools from enrolling large numbers of minority students, who have, traditionally, performed below state mean in passage rates on the exam. This study presents a new and supplemental standard for the ABA to use in monitoring student outcome measures and law schools’ …

Can The Burning Of Holy Books Ever Be Justified?, Waseem Ahmad Qureshi

Washington and Lee Journal of Civil Rights and Social Justice

While exploring the historical context of the burning of books during the times of Qin Shi Huang, the first emperor of unified China, the European Dark Ages, the colonial era, the Nazi Germany era, Iranian triumphs, and contemporary instances of the burning of literature, comics, and history, philosophy, and religious books,this paper identifies “freedom of expression” as the underlyingprinciple for the burning of holy books, an action that eventually fuels religious hatred, public disorder, and violence in society. Notwithstanding such consequences, Pastor Terry Jonesannounced an event calling for the burning of the Holy Qur’an onthe ninth anniversary of the 9/11 …

Corporate Masters & Low-Wage Servants: The Social Control Of Workers In Poverty, Nantiya Ruan

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Hogan V. Gawker: A Leg-Drop On The First Amendment, Aubrey Morin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Violating Victims’ Right To Privacy And Personal Autonomy Under Virginia’S New Mandatory Reporting Requirements, Anne P. Steel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the Forest Charter’s significance.

The Path Of Most Resistance: Resisting Gang Recruitment As A Political Opinion In Central America’S Join-Or-Die Gang Culture, Ericka Welsh

Pepperdine Law Review

In recent years, increasing numbers of asylum-seekers from Honduras, Guatemala, and El Salvador crossed into the United States, fleeing gang violence that has driven homicide rates to record levels. These countries, known collectively as the “Northern Triangle,” now make up one of the most violent regions in the world. Transcending petty crime, gangs control entire communities in the Northern Triangle where they operate as de facto governments beyond law enforcement’s control. Gangs practice forced recruitment in these communities, creating a join-or-die gang culture where resisting recruitment is tantamount to opposition. Opposition, in turn, is met with brutal retaliation. The young …

Evaluating Canadian And South African Collaborative Human Rights Initiatives: A Preliminary Analysis And Research Agenda, Moses Retselisitsoe Phooko

The Transnational Human Rights Review

South Africa’s now defunct, autocratic apartheid government was based on minority rule, racially discriminatory laws, and disregard for the fundamental human rights of almost all black people. At that time, Parliament was supreme and could do anything that it wished, including enacting laws that denied the vast majority of the population from the right to vote. This regime lasted until the 1990s when parliamentary supremacy was replaced by constitutional supremacy. The adoption of the Interim Constitution of South Africa in 1993 eventually paved way for, among other things, respect for the fundamental human rights of all peoples without any distinctions …

Canadian-Tanzanian Human Rights Engagements: A Critical Assessment Of The Literature And A Research Agenda, Julena Jumbe Gabagambi

The Transnational Human Rights Review

This article examines the historical background of human rights in Tanzania and the ways in which Canada has been engaging with Tanzania on the improvement of human rights. In the past, Tanzania was ruled by colonial powers, for which respect for human rights was never a priority. Having attained independence in 1961, however, the country did not adequately respect human rights. This is in part due to the argument that, if the British themselves did not practice it, then independent Tanzania should not be forced to. Furthermore, the introduction of human rights at the time held the potential to paralyze …

Women’S Health Rights In Canadian-Anglophone African Human Rights Engagements: Normativity, Indigeneity And The Spaces Beyond The Norm Life Cycle, Irehobhude Iyioha

The Transnational Human Rights Review

Canada has a demonstrated interest in sustaining a human rights agenda in Anglophone Africa. While this commitment is of common knowledge, its nature and achievements, as well as associated complications and possibilities have not been subjected to as much critical analysis as these issues deserve. This paper takes a prelusive step towards a rigorous assessment of human rights engagements between Canada and the Anglophone African region within the specific field of women’s health. It conducts a summative appraisal of the nature of norms and a dialectic enquiry into the origin of norms within the context of Finnemore and Sikkink’s theory …

Background: Towards A Critical Assessment Of Canadian-Nigerian Bilateral Relations, Olabisi Akinkugbe

The Transnational Human Rights Review

Although the diplomatic relations between Canada and Nigeria is almost six decades old, the nature of this bilateral relationship has not been the subject of rigorous academic research. While a recent body of research by international relations scholars has taken up the broad critical study of Canadian-African relations, a significant gap exists with respect to studies that focus on the context of Canada’s engagement with individual African countries. Against this background, this paper briefly examines the bilateral trade and investment engagements between Nigeria and Canada. The modest aim is to highlight the existing framework that guides the relations of both …

In Search Of Accountability: A Critical (If Preliminary) Assessment Of The Literature On Canadian-Nigerian Engagements On The Immunities Of State Officials For Human Rights Violations, Udoka Ndidiamaka Owie

The Transnational Human Rights Review

The trials of German and Japanese state officials following the end of World War II at the International Military Tribunals in Nuremberg and Tokyo along with treaty obligations undertaken by states since at least the establishment of the United Nations, have together given rise to the question of whether states and their officials are entitled to immunity for violations of human rights. This question was highlighted by the case against Pinochet Ugarte of Chile, which came more recently before the United Kingdom House of Lords. The case propelled the immunity of state officials into the limelight of judicial and academic …

Canadian-African Human Rights Engagements –A Literature Review And An Agenda For Future Research: An Introduction, Obiora Chinedu Okafor

The Transnational Human Rights Review

No abstract provided.

Assessing Universalism And The Rhetoric Of Development Assistance In Human Rights Research: Canadian-Ghanaian Human Rights Engagements, Sylvia Bawa

The Transnational Human Rights Review

This article is a contribution to the question of how Canada engages human rights in Ghana and Anglophone sub-Saharan Africa in general. In order to critically assess human rights engagement between Ghana and Canada, I situate the discussion within the broader global human rights milieu to deconstruct the myriad ways in which power dynamics in the global arena shape human rights practice and discourse. Using the rights concerns of women and minorities in Ghana as an entry point, I discuss the interconnected nature of first- and second-generation rights and cultural relativism in universal rights discourses. This discussion aims to propose …

Canada-Botswana Human Rights Engagements: A Critical Assessment Of The Literature And A Research Agenda, Bonolo Ramadi Dinokopila

The Transnational Human Rights Review

This article discusses the past and present of Canada-Botswana human rights engagements, offering an insight into their nature and significance. The article highlights that despite the absence of strong diplomatic ties between the two countries, there nonetheless have been significant human rights engagements. The engagements, though not entirely systematic or clearly defined in their focus, have certainly improved the human rights situation in Botswana. It is also noted that the sustainability of these engagements is questionable considering that the weak ties between the two countries have resulted in reduced Canadian funding to Botswana. In the end, the article emphasizes that …

Towards Justiciability Of Economic, Social, And Cultural Rights In Nigeria: A Role For Canadian-Nigerian Cooperation?, Halima Doma Kutigi

The Transnational Human Rights Review

On the broad level, this article discusses ESC rights in Nigeria in the context of the international human rights architecture, and in the context of the reality and play of global affairs. In these contexts, bilateral as well as other international agreements maintain a vital role in fostering transnational cooperation in the field of human rights. It is within this framework that Canadian-Nigerian engagement in the fulfilment of ESC rights is considered. The article also considers the theoretical aspects of ESC rights juxtaposed against CP rights, thereby expounding interdependence of these categories of rights. In the course of the discussion, …

Canada-Ghana Engagements In The Mining Sector: Protecting Human Rights Or Business As Usual?, Cynthia Kwakyewah, Uwafiokun Idemudia

The Transnational Human Rights Review

While states have traditionally had the responsibility to protect human rights, multinational corporations (MNCs) are now increasingly expected to also respect human rights in their pursuit of profitability. However, the increased incidence of human rights violations associated with the activities of MNCs in developing countries has led to various efforts to promote the corporate duty to respect human rights. This article seeks to examine the extent to which Canada’s national Corporate Social Responsibility (CSR) strategy can contribute to the prevention or amelioration of incidences of human rights violation associated with the activities of Canadian mining companies operating in Ghana. The …

Canadian-Zambian Human Rights Engagements: A Critical Assessment Of The Literature And Research Agenda, Misozi Lwatula

The Transnational Human Rights Review

Canada’s engagements with African states with regards to human rights began about five decades ago, and different countries in Africa have since benefited from such engagements. With Zambia specifically, such engagements have mainly centered along human rights issues. Recently, Canada has heavily invested in Zambia’s mining sector. This article explores Canada’s human rights engagements with Zambia. The article first reviews the economic performance of Zambia since its independence and the effect that this has had on the country. The article then looks at Canadian engagements with Zambia in terms of health, women’s rights, refugees’ rights and mining. It acknowledges that …

Canadian-Anglophone African Human Rights Engagement: A Critical Assessment Of The Literature On Health Rights, Uchechukwu Ngwaba

The Transnational Human Rights Review

Contrary to common expectations, the engagement between Canada and Anglophone African countries on the issue of health rights has not been a “one-way-street” whereby Canada is the “giver” and Anglophone African countries are the “takers” of health benefits. This article, which undertakes a preliminary and critical assessment of the literature documenting this engagement, finds that both Canada and Anglophone African countries have mutually benefitted from their engagement in the area of health rights. These benefits have taken the form of Canada’s financial and technical contributions to various initiatives that seek to improve the availability and accessibility of health-related goods and …

Human Rights Discourses In Nigeria Across Time: Trajectory, Successes And Potentials For Canadian-Nigerian Engagement, Solomon Ukhuegbe

The Transnational Human Rights Review

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Canada has, for decades, been actively involved in funding and providing support for the development of legal and political institutions and rights advocacy activities in Nigeria. A careful documentation and assessment of this support will likely show that its impact has been significant and perhaps critical in some areas. This article, however, considers a different form of engagement, or rather, a possible engagement. Although Canada’s human rights jurisprudence, especially the Charter of Rights case law, is highly regarded the world over, its influence on Nigerian courts has been limited. Yet, there is a great opportunity for meaningful engagement here, …

The Aftermath Of Care V. Cow Palace And The Future Of Rcra In Cafo Cases, Lauren Tavar

Sustainable Development Law & Policy

No abstract provided.

Water, Water, Nowhere: Adapting Water Rights For A Changing Climate, Caleb Hall

Sustainable Development Law & Policy

No abstract provided.

Ridding Pes Systems Of The “Pay To Pollute” Principle: Pes Optimization Strategies, Kelly Carlson

Sustainable Development Law & Policy

No abstract provided.