Human Rights Law Commons^™

Submission On The Draft General Comment On “State Obligations Under The Icescr In The Context Of Business Activities”, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In January 2017 CCSI made a submission to the Committee on Economic, Social and Cultural Rights, regarding its draft General Comment on “State obligations under the International Covenant on Economic, Social and Cultural Rights in the Context of Business Activities.” CCSI’s submission focused on: (1) host and home states’ obligations as they relate to international investment agreements (IIAs); (2) extraterritorial obligations in the context of outward investment; and (3) state obligations related to corruption issues.

In the submission, CCSI emphasized that states must ensure that existing treaties do not generate conflicts between obligations owed under IIAs and the Covenant (in …

Guide To Land Contracts: Forestry Projects, International Senior Lawyers Project, Kaitlin Y. Cordes, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Agricultural investment contracts and forestry projects can be complex, with complicated provisions that are difficult to understand. To assist non-lawyers in better understanding agricultural investment contracts, such as those available on the Open Land Contracts repository, CCSI has developed a Guide to Land Contracts: Forestry Projects.

This Guide, prepared by International Senior Lawyers Project staff and volunteers in collaboration with the Columbia Center on Sustainable Investment, aims to assist the Open Land Contracts repository users in unpacking the technical provisions and language typically found in forestry contracts in order to better understand the contracts and the potential implications of …

Historical Analysis: Tracking, Problematizing, And Reterritorializing Achievement And The Achievement Gap, Justin Olmanson, Zoe Falls, Guieswende Rouamba

Department of Teaching, Learning, and Teacher Education: Faculty Publications

For more than a century, state and federal governments and organizations have used different measures to determine if students and groups of students have achieved in a particular subject or grade level. While the construct of achievement is applied irrespective of student differences, this equal application turns out to be anything but equitable. In this chapter, we work to understand the way achievement plays out for Black students by deconstructing how the word achievement works. In doing so, we track the history of education, testing, and curriculum as it has been applied to Black youth and youth of color.

Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu

Vanderbilt Journal of Entertainment & Technology Law

This Article compares the natural rights property framework with the international human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition but appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Yet, advocates of a human rights approach to intellectual property contend that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …

What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho

St. Mary's Law Journal

Abstract forthcoming.

Inter-American Court Recognizes Elevated Status Of Trade Unions, Rejects Standing Of Corporations, Angela B. Cornell

Cornell Law Faculty Publications

The Inter-American Court was unanimous in concluding that legal entities do not have the standing to directly access the Inter-American system in a contentious process as presumptive victims. Corporations therefore will not be permitted to access the Court as victims of human rights transgressions, which the Court determined is limited to human beings, with two exceptions: trade unions and indigenous communities. Trade unions have standing as victims of human rights violations on their behalf and that of their members, but under certain limitations. This commentary focuses on the Court’s decision with regard to trade unions, but begins with a description …

Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger

Faculty Publications & Other Works

No abstract provided.

Social Justice And Capitalism: An Assessment Of The Teachings Of Pope Francis From A Law And Macroeconomics Perspective, Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Social Justice And The American Law School Today: Since We Are Made For Love, Michael J. Kaufman

Faculty Publications & Other Works

No abstract provided.

The Reflection And Reification Of Racialized Language In Popular Media, Kelly E. Wright

Theses and Dissertations--Linguistics

This work highlights specific lexical items that have become racialized in specific contextual applications and tests how these words are cognitively processed. This work presents the results of a visual world (Huettig et al 2011) eye-tracking study designed to determine the perception and application of racialized (Coates 2011) adjectives. To objectively select the racialized adjectives used, I developed a corpus comprised of popular media sources, designed specifically to suit my research question. I collected publications from digital media sources such as Sports Illustrated, USA Today, and Fortune by scraping articles featuring specific search terms from their websites. This experiment seeks …

Qué Tan Lejos Hemos Ido Y Qué Tan Lejos Nos Queda: Los Niños Trabajadores Y La Erradicación Del Trabajo Infantil En Ecuador, Alicia Serna Frausto

CMC Senior Theses

Al investigar este problema en el caso específico de Ecuador podemos ver algunos patrones que otros investigadores y políticos podrían aplicar en otros contextos de abusos laborales y trabajo infantil. En un mundo más consciente de los derechos humanos, es necesario impedir el trabajo infantil donde se pueda o por lo menos asegurar que los niños que trabajan lo hagan en la forma más sana y segura. En esta investigación se analizan las leyes y regulaciones de las últimas dos décadas, la implementación, y los efectos en las vidas de los niños trabajadores. La implementación de las leyes y regulaciones …

Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz

University of the Pacific Law Review

No abstract provided.

Grave Breaches: American Military Intervention In The Late Twentieth- Century And The Consequences For International Law, Calla Cameron

CMC Senior Theses

The duality of the United States’ relationship with international criminal law and human rights atrocities is a fascinating theme that weaves through all of American history, but most distinctly demonstrates the contradictory nature of American foreign policy in the latter half of the 20th century. America is both protector of human rights and perpetrator of human rights atrocities, global police force and aggressor. The Cold War exacerbated the tensions caused by American military dominance. The international political and physical power of the American military allowed the United States to do as it pleased in the 20th century with few consequences, …

Refugees And The Primacy Of European Human Rights Law, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren Bartlett

All Faculty Scholarship

The standards regulating the decision-making and behavior of lawyers in the U.S. currently provide inadequate guidance for many of the ethical dilemmas that practicing attorneys face on a daily basis. Universal human rights principles—the concepts of morality underlying much of human rights law—provide more ambitious moral direction that lawyers can use to guide decision-making and behavior. This article discusses why additional aspirational goals are needed for the legal profession and explains how and why to apply universal human rights principles to lawyering in the U.S. The article goes on to introduce the idea of adopting a human rights code of …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Sanctuary Cities And The Federal Government Power Struggle: How Sanctuary Cities Are Fighting Back, Conor Grealish

Public Interest Law Reporter

No abstract provided.

Reproductive Healthcare Under A New Administration, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.

Cleaning Up The Act - The Illinois Domestic Workers' Bill Of Rights Act: Necessity, Purpose, And Effect, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.

"An Alarming Trend": The Dangers Of Recently Proposed Anti-Protest Legislation, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.

Trump And Pruitt's Epa: Are We Destined For A Seismic Shift In Environmental Law?, William Ryan

Public Interest Law Reporter

No abstract provided.

The Dodd-Frank Solution To Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part two of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau ("CFPB") have solved predatory lending and ended the possibility of another subprime debacle. Part one covered how predatory lending harmed minority, low-income, and immigrant communities, and was a main cause of the 2008 economic collapse. Part two will show how the CFPB was built to stop and prevent predatory lending and another subprime debacle. The enactment and implementation of Dodd-Frank and the CFPB have improved the mortgage market. However, politicians and lawmakers, notably President Donald Trump …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Los Angeles As A Blueprint For Police Reform In Chicago, Stephen Rushin

Public Interest Law Reporter

No abstract provided.

Universal Basic Income: The New Safety Net?, Joseph Camper

Public Interest Law Reporter

No abstract provided.

Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas

Public Interest Law Reporter

No abstract provided.

New Income Shares Model For Determining Child Support To Be More Equitable, Jennifer Straka

Public Interest Law Reporter

No abstract provided.

How Can Big Data Impact Affordable Housing?., Kara Simon

Public Interest Law Reporter

No abstract provided.

The American Dream After War: Veterans' Accessibility To A Higher Education Through The Post-9/11 Gi Bill, Maha Sadek

Public Interest Law Reporter

The Post-9/11 Veterans' Educational Assistance Act of 2008 ("Post-9/11 GI Bill") went into-effect in 2009. Since 2013, about 800,000 service men and women have taken advantage of their Post-9/11 GI Bill benefits, and 80% of GI Bill spending is attributed to the Post-9/11 GI Bill. Though educational benefits are provided, at varying rates to veterans who served after September 10, 2001, about 26% of veterans aged 25 or older have a bachelor's degree compared to 28% of the total population. There are several factors that contribute to veteran's attainability of a degree including adjusting to life outside of the military …

Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman

Public Interest Law Reporter

No abstract provided.