Human Rights Law Commons^™

International Lessons In The Systematic Adoption Of Felony Restorative Justice In Chicago, Sean Hux

Public Interest Law Reporter

No abstract provided.

Increased Administrative Roadblocks In Naturalization And Immigration Under President Trump, Kyle Johnson

Public Interest Law Reporter

No abstract provided.

Wrongfully Convicted Does Not Need To Mean Wrongfully Compensated: Using State Legislation To Assure Accurate Compensation, Lilia Valdez

Public Interest Law Reporter

No abstract provided.

Access To Justice: The Law And Political Economy Of The Legal Services Corporation, Bobby Vanecko

Public Interest Law Reporter

No abstract provided.

A Damaging Cure: Queer Youth And Conversion Therapy

Florida A & M University Law Review

This article proceeds in six parts. Part I dissects the development of the conservative narrative that queerness is a contagious trait, how the gender norm perpetuates a broad rejection of homosexuality, and the concept of “cured passing” in terms of conversion therapy success stories. Part II examines the progression of the general LGBT rights movement by highlighting its historic adult-centered victories and elaborating how these victories allowed for the necessary space and momentum for the contemporary movement of state conversion therapy bans to gain traction. Part III provides the background and history of conversion therapy by exploring its medical origin …

A Life Worth Living: Fighting Filicide Against Children With Disabilities

Florida A & M University Law Review

This article aims to explore filicide as it relates to children with disabilities. Filicide is a specific type of killing where a parent murders his or her own child. Part II gives a historical perspective on filicide. Part II also explains the various reasons behind filicide and why those reasons specifically apply to the killings of children with disabilities. Further, Part III explores the relationship between sentencing disparities in cases where society sympathizes with the parents of children with disabilities and condemns parents of nondisabled children. Part III also argues that children with disabilities face additional barriers in the fight …

It Takes A Village: An Analysis Of Multilateralism And The Legal Mechanisms Designed To Prevent Violence Against Women, Madison Ivey

Scripps Senior Theses

Treaties and international organizations work together to create a global environment that protects the rights of a person and actively promotes the well-being of society. However, they do not necessarily guarantee the rights of everyone. Since women are not explicitly named in human rights documents, they are often not granted equal human rights. Therefore, it takes more than just international legal instruments to guarantee women's rights as human rights. A combination of civil society (NGOs), International organizations (IOs), and domestic government creates a perfect coalition to beat the barriers that must be overcome to fully protect women from violence.

Suing Russia: How Americans Can Fight Back Against Russian Intervention In American Politics, William J. Aceves

Faculty Scholarship

The evidence of Russian intervention in American politics is overwhelming. In the midst of the 2016 US presidential campaign, a growing number of inflammatory social media posts addressing various political topics emerged on Facebook, Instagram, and Twitter. These posts supported the candidacy of Donald Trump, condemned the influx of refugees and migrants, and promoted racial divisions in the United States. Through clicks, likes, shares, and retweets, these messages reached millions of Americans. But, these messages did not originate in the United States; they were drafted and disseminated through inauthentic social media accounts created and controlled by the Internet Research Agency, …

International Civil Individual Responsibility And The Security Council: Building The Foundations Of A General Regime, Vincent-Joël Proulx

Michigan Journal of International Law

This Article focuses on a few tools at the disposal of the United Nations Security Council (“UNSC”) to enhance individual (read: civil) responsibility concerning nonstate terrorist actors with a view to opening other avenues of inquiry regarding other subversive nonstate actors (“NSAs”), for instance in the areas of transnational torts, human rights (“HR”) violations, and environmental damage caused by business entities. As discussed in Part V, recent developments surrounding the application of the Alien Tort Claims Act (“ATCA”) in the United States and the prospect of establishing a basis for universal civil jurisdiction further signal that no such solid basis …

Transitional Justice In Housing Injustice: The Case Of Housing Rights Violations Within Settler Democracies, Manal Totry-Jubran

Vanderbilt Journal of Transnational Law

The right to housing is recognized by international human rights treaties as an integral part of the right to an adequate standard of living. Many states have ratified these treaties and incorporated protection of some aspects of housing rights into their constitutions and domestic legislation. Other states have not enacted any legislation in recognition of housing rights, but they provide judicial remedies for violations of rights. Despite that, domestic and international reports indicate that housing rights are constantly being violated in countries across the world at different levels.

This Article focuses on housing rights violations within "settler democracies." Such countries …

In Defense Of Human Rights, Karima Bennoune

Vanderbilt Journal of Transnational Law

This Article argues that international human rights law, and the human rights movement more generally, need more defenders than critics in the current international political environment. Groups ranging from academics to governments have taken stances critical of human rights, and this Article seeks to defend the rights framework from some of these while also arguing for the importance of human rights in today's world. Noting that the field of human rights is not beyond criticism, this Article embraces some of those criticisms. However, it suggests that human rights law specialists need to spend at least as much time defending human …

"Human Rights, Responsibilities, And Democracy," Comments On Tasioulas And Moyn Papers: "Symposium On The Future Of International Human Rights Law", Kathryn Sikkink

Vanderbilt Journal of Transnational Law

It is a pleasure and a challenge to comment on these two very different Articles, "Saving Human Rights from Human Rights Law," by John Tasioulas, and 'On Human Rights and Majority Politics: Felix Frankfurter's Democratic Theory," by Samuel Moyn. Both are rich, complex, and thought-provoking. To the degree they share any common dimension, it would be their skepticism toward human rights law, and in particular toward the judicialization of human rights law. But the skepticism comes from quite different directions and from their different disciplines. In the case of Tasioulas's paper, the skepticism derives from his belief that legal human …

Unbowed, Unbroken, And Unsung: The Unrecognized Contributions Of African American Women In Social Movement, Politics, And The Maintenance Of Democracy, Patricia A. Broussard

Journal Publications

Black women have made huge contributions to American society in movements, politics, and maintenance of the democracy. Black women have been relegated to footnotes, turned in memes, and largely ignored in politics and other areas of power. Notwithstanding the disrespect, disregard, and failures of the larger society to acknowledge that black own have made significant contributions, not only in the in entertainment industry, but in numerous other ways that have shaped out cultural and political landscape, black women's contributions to the larger society have been huge and impactful; yet there are so many blank spaces where their stories should reside. …

Grant Of Clemency To Cyntoia Brown Highlights Deep Rooted Social Issues, Cheryl Page

Journal Publications

Society and our criminal justice system place a value on victims and defendants. We manifest this valuation in how we mete out punishment, how we choose who will be stopped, frisked, searched, arrested, charged, given probation, have charges dismissed and even expunged. We show the worth we place in people by the fact that 95% of elected prosecutors are white males and they have control and say over a jail and prison population that is increasingly People of Color.

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …

Trump’S Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne F. Lindgren

Faculty Works

A majority of white women — fifty-two percent — voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump’s derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare—poor and working-class women — vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question …

Critiquing Matter Of A-B-: An Uncertain Future In Asylum Proceedings For Women Fleeing Intimate Partner Violence, Theresa A. Vogel

University of Michigan Journal of Law Reform

The #MeToo movement has brought renewed attention to the impact of gender inequality on our society’s ability to provide protection to women from physical and sexual violence, including intimate partner violence. Despite advances in legal protections and increased resources to prevent, prosecute, and bring an end to intimate partner violence, in the absence of true efforts to combat gender inequality as a whole, intimate partner violence will continue to pervade our society. The discussion of gender inequality’s impact on the treatment of intimate partner violence must expand beyond the violence that occurs in the United States to gender inequality’s impact …

Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance

Georgetown Law Faculty Publications and Other Works

In the last several years, there has been an increasing tendency to view the impacts of transnational business operations through the lens of human rights law. A major obstacle to holding companies accountable for the harms that they impose, however, has been the separate legal identity of corporate subsidiaries and of contractors in a company's supply chain. France's recently enacted duty of vigilance statute seeks to overcome this obstacle by imposing a duty on companies to identify potential serious human rights violations by their subsidiaries and by companies with which they have an “established commercial relationship.” Failure to engage in …

Right To Privacy, A Complicated Concept To Review, Ali Alibeigi, Abu Bakar Munir, Md Ershadul Karim

Library Philosophy and Practice (e-journal)

The Concept and definition of the privacy has been changed during the time affecting by different factors. At the same time, the boundaries of privacy may differ from one place to another affecting by the culture, religion, etc. Nonetheless, there is not a unique general accepted definition for the privacy. Privacy has been considered from different disciplines like sociology, psychology, law and philosophy. It is a multidisciplinary domain, having an easy concept but difficult to define. However, by reviewing all different viewpoints, it can be concluded that privacy is an individual tendency, wish and natural need to be away from …

Mentally Ill, Or Mentally Ill And Dangerous?: Rethinking Civil Commitments In Minnesota, Eliot T. Tracz

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Technologies Of Suspicion And The Ethics Of Obligation In Political Asylum, Bridget M. Haas, Amy Shuman

Ohio University Press Open Access Books

Across the globe, migration has been met with intensifying modes of criminalization and securitization, and claims for political asylum are increasingly met with suspicion. Asylum seekers have become the focus of global debates surrounding humanitarian obligations, on the one hand, and concerns surrounding national security and border control, on the other. In Technologies of Suspicion and the Ethics of Obligation in Political Asylum, contributors provide fine-tuned analyses of political asylum systems and the adjudication of asylum claims across a range of sociocultural and geopolitical contexts.

The contributors to this timely volume, drawing on a variety of theoretical perspectives, offer critical …

Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock

Cornell Law Faculty Publications

Human rights advocacy in foreign countries raises complex ethical, moral, and political questions. Legal scholars have challenged the legitimacy and accountability of international human rights activists that impose foreign agendas on local partners in the Global South. Development economists have raised related concerns about the impact of foreign assistance on government accountability. In this article, I use narrative storytelling techniques to illustrate the fraught strategic judgments and moral choices that permeate human rights advocacy. These narratives are drawn from my international human rights clinic’s twelve-year engagement in justice reform work in Malawi, where my students and I have been instrumental …

The Legacy Of Colonialism On The Rule Of Law In Sub Saharan Africa, Joel H. Samuels

Articles

No abstract provided.

Human Rights Movements In The Middle East: Global Norms And Regional Particularities, Catherine Baylin Duryea

Faculty Publications

(Excerpt)

The Middle East is often portrayed as an outlier when it comes to human rights, but rights are an important part of the political, diplomatic, and social fabric of the region. This chapter summarises regional trends in human rights advocacy at both the international and domestic levels. Popular movements for independence, equality for women, and protections for workers have deep roots in the region. When the United Nations began to enshrine these values into law after World War II, representatives from the Middle East were at the centre of the debates. In the following two decades, human rights largely …

Semenya And Asa V Iaaf: Affirming The Lawfulness Of A Sex-Based Eligibility Rule For The Women’S Category In Elite Sport, Doriane Lambelet Coleman

Faculty Scholarship

No abstract provided.

Queer Dispute Resolution, Daniel Del Gobbo

Cardozo Journal of Conflict Resolution

The article is organized as follows. Part H traces the conceptual shift in legal theory from thinking about the juridical subject as a bearer of rights to a bearer of interests. This provides the necessary context for my reframing the bearer of interests as a bearer of desires. Part III begins to explore the implications of this move, drawing on what I call the "ethic of positivity" in parts of queer theory that celebrates the potential for sexual desires to transcend identity categories. This theory suggests that the ethical promise of settlement derives from the potential of the subject's interests …

The Need For An Independent Children's Commissioner In Hong Kong: A Good Governance Imperative, Katherine Lynch

Cardozo Journal of Conflict Resolution

No abstract provided.

The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez

Cardozo Journal of Conflict Resolution

No abstract provided.

Not Enough: Human Rights In An Unequal World, Harlan G. Cohen

Faculty Scholarship

Many will read Samuel Moyn’s powerful history of the quest for social and material justice as an intended wake-up call. Rather than as a blaring alarm though, Not Enough is better read as an invitation to dream.

Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2018 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.