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Articles 391 - 420 of 451
Full-Text Articles in Human Rights Law
Universal Basic Income: The New Safety Net?, Joseph Camper
Universal Basic Income: The New Safety Net?, Joseph Camper
Public Interest Law Reporter
No abstract provided.
Smartphones, Fingerprints, And Search Warrants, Fabiola De Armas
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
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
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
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
Reaping Whirlwind: How U.S. Interventionist Foreign Policies Created Our Immigration Crisis, Nubia Batista Willman
Public Interest Law Reporter
No abstract provided.
Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez
Juvenile Justice: Oppose H.R. 3697, The Criminal Alien Gang Member Removal Act, Elizabeth Rodriguez
Public Interest Law Reporter
No abstract provided.
The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago
The Transgender Military Ban: A Major Step Back For Lgbt Rights, Jon Santiago
Public Interest Law Reporter
No abstract provided.
The Economic Impact Of Immigration On The American Workforce, Michelle Tinajero
The Economic Impact Of Immigration On The American Workforce, Michelle Tinajero
Public Interest Law Reporter
No abstract provided.
Immigration In The Trump Era: Can American Tourism Survive Without Immigrants?, Mercades White
Immigration In The Trump Era: Can American Tourism Survive Without Immigrants?, Mercades White
Public Interest Law Reporter
No abstract provided.
Males As Victims Of Sex Trafficking In East Tennessee, Cheryl Page
Males As Victims Of Sex Trafficking In East Tennessee, Cheryl Page
Journal Publications
Public awareness of the human trafficking epidemic in East Tennessee has been on the rise in recent years. Local task forces have been formed, and citizens are more aware of the specific issues involving commercial sexual exploitation. However, the tendency has been to focus on female victims, as females are more commonly victims in human trafficking cases. What are the issues faced by males who are trafficked, assaulted and abused for commercial sexual exploitation? Males make up nearly 20% of all human trafficking victims in Tennessee and nationwide. Based upon national numbers, a child is sold for commercial sex every …
Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns
Recent Developments In Climate Justice, Randall S. Abate, Rachel Jean-Baptiste, Maria Antonia Tigre, Patricia Ferreira, Wil Burns
Journal Publications
Climate justice can be defined generally as addressing the disproportionate burden of climate change impacts on poor and marginalized communities. It seeks to promote more equitable allocation of these burdens at the local, national, and global levels through proactive regulatory initiatives and reactive judicial remedies that draw on international human rights and domestic environmental justice theories. Yet, efforts to define climate justice as a field of inquiry remain elusive and underinclusive; a recent book, Climate Justice: Case Studies in Global and Regional Governance Challenges (ELI Press 2016), seeks to fill that void by providing an overview of the landscape of …
Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes
Congress Did Not Give The President Unfettered Discretion To Exclude, Maritza I. Reyes
Journal Publications
No abstract provided.
Human Rights In State Courts, India Thusi, Robert L. Carter
Human Rights In State Courts, India Thusi, Robert L. Carter
Books & Book Chapters by Maurer Faculty
Human rights are among society’s most powerful ideals. The notion that all people have rights, simply by virtue of their humanity, has sparked new nations, inspired countless freedom movements, and transformed the relationship between people and their governments in places big and small around the globe. The founders of our country declared that we are all created equal and endowed with certain inalienable rights, and that opinions of other nations are entitled to “decent respect.” In the aftermath of the Holocaust and World War II, the United States helped craft the Universal Declaration of Human Rights (UDHR) and the modern …
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
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 …
What Is That Hamburger Doing To My Child's Grades? Childhood Obesity And Its Effects On A Student's Academic Performance, Cheryl Page
Journal Publications
This paper addresses childhood obesity and its correlating effects on an obese child's academic development. The terms and studies outlined in this paper specifically address the issue of obesity in children. It is important to state this distinction because obesity among children is defined and measured differently than it is among adults. Before discussing the differences in the academic development of non-obese children and obese children, I will begin by defining the following terms: "Body Mass Index (BMI)," "BMI-for-age," "Overweight," "Percentile Rates," and "Childhood Obesity."
Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika R. George, Candace D. Gibson, Rebecca Sewall, David Wofford
Recognizing Women's Rights At Work: Health And Women Workers In Global Supply Chains, Erika R. George, Candace D. Gibson, Rebecca Sewall, David Wofford
Faculty Scholarship
The Guiding Principles mandate that businesses respect the human fights enshrined in the International Bill of Human Rights and in the International Labour Organization (ILO)'s Declaration on Fundamental Principles and Rights at Work. Due diligence processes and risk impact assessments are the main recommended means for ensuring compliance with companies' commitments to respect international human fights. Because OSH as a conceptual framework and regulatory order is not sufficient to identify the risk of health fights violations to women workers, we argue companies should not anchor their due diligence and risk assessment in OSH conventions and settle for a check-the-box solution …
Is There A Right To Be Free From Corruption?, Anita Ramasastry
Is There A Right To Be Free From Corruption?, Anita Ramasastry
Articles
Scholars and policymakers have, for some time, focused on the link between corruption and human rights. This has been to illustrate that corruption is not a victimless crime. While this has publicized the impact of corruption on individuals and on society, it has not changed the lack of political will to prosecute many instances of corruption. Thus citizens often stand by as their leaders plunder national treasuries. Rather than focusing solely on human rights, or trying to create a new “human right” to be free from corruption, this article explores the right to a legal remedy for victims of corruption …
Table Of Contents
Marquette Benefits and Social Welfare Law Review
No abstract provided.
Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Osei-Tutu
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
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 …
Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gajda, Thomas Perin, Carla Fredericks
Responsible Resource Development And Prevention Of Sex Trafficking: Safeguarding Native Women And Children On The Fort Berthold Reservation, Kathleen Finn, Erica Gajda, Thomas Perin, Carla Fredericks
Publications
In 2010, large deposits of oil and natural gas were found in the Bakken shale formation, much of which is encompassed by the Fort Berthold Indian reservation, home to the Mandan, Hidatsa, and Arikara Nation (“MHA Nation” or “Three Affiliated Tribes” or “the Tribe”). However, rapid oil and gas development has brought an unprecedented rise of violent crime on and near the Fort Berthold reservation. Specifically, the influx of well-paid male oil and gas workers, living in temporary housing often referred to as “man camps,” has coincided with a disturbing increase in sex trafficking of Native women. The social risks …
Measuring The Judicial Performance Of The European Court Of Human Rights, Elizabeth Lambert Abdelgawad
Measuring The Judicial Performance Of The European Court Of Human Rights, Elizabeth Lambert Abdelgawad
Research outputs 2014 to 2021
Faced with a sharp rise in the number of individual applications, the European Court of Human Rights has been forced to provide greater accountability to governments eager to downsize its budget and staff. This has resulted in the introduction of quantitative criteria, to the detriment of quality and of the service rendered to individual victims. These new management policies have admittedly reduced the number of pending cases, but they have also considerably eroded the right of individual application. The new managerial policy has definitely shaped a new Court.
The Human Rights Obligations Of State-Owned Enterprises: Emerging Conceptual Structures And Principles In National And International Law And Policy, Larry C. Backer
The Human Rights Obligations Of State-Owned Enterprises: Emerging Conceptual Structures And Principles In National And International Law And Policy, Larry C. Backer
Vanderbilt Journal of Transnational Law
The distinction between the obligations of public and private entities, and their relation to law, is well known in classical political and legal theory. States have a duty that is undertaken through law; enterprises have a responsibility that is embedded in their governance. These fundamental divisions form part of the current international efforts to institutionalize human rights-related norms on and through states and enterprises, and most notably through the U.N. Guiding Principles for Business and Human Rights. The problems of conforming to evolving norms becomes more difficult where states project their authority through commercial enterprises.
Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz
Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz
University of the Pacific Law Review
No abstract provided.
Presidential Human Rights Talk, Margaret E. Mcguiness
Presidential Human Rights Talk, Margaret E. Mcguiness
Faculty Publications
In response to Professor Harold Hongju Koh's March 2017 keynote at Washburn University, "The Trump Administration and International Law," this essay examines the diplomatic and political rhetoric deployed by past presidents in support of human rights to argue that such "presidential human rights talk" represented an important element of U.S. human rights policy and promoted the transnational transmission of human rights norms. President Trump's complete abandonment of presidential human rights talk signals an end to what remains of American "human rights exceptionalism." Combined with Trump's "America First" approach to foreign policy, which rejects the value of the international institutions the …
Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer
Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer
Faculty Scholarship
Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts’ dockets are dominated by complaints alleging violations of international human rights law.
This article offers the first analysis of EACJ, ECOWAS Court and …
God Said To Abraham/Kill Me A Son: Why The Insanity Defense And The Incompetency Status Are Compatible With And Required By The Convention On The Rights Of Persons With Disabilities And Basic Principles Of Therapeutic Jurisprudence, Michael L. Perlin
Articles & Chapters
Interpretations of the General Comments to the Convention on the Rights of Persons with Disabilities (CRPD) — that command the abolition of the insanity defense and the incompetency status — make no theoretical or conceptual sense, disregard the history of how society has treated persons with serious mental disabilities who are charged with crime, and will lead to predictable torture of this population in prison, at the hands of both prison guards and other prisoners. Such interpretation also flies in the face of every precept of therapeutic jurisprudence. Support of this position exhibits a startling lack of understanding of the …
Introduction, Brandt Goldstein