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Human Rights Law Commons

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2020

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Articles 331 - 360 of 503

Full-Text Articles in Human Rights Law

Post-Genocide Justice In Rwanda, Mark A. Drumbl Jan 2020

Post-Genocide Justice In Rwanda, Mark A. Drumbl

Scholarly Articles

The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), …


The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl Jan 2020

The Many Harms Of Forced Marriage: Insights For Law From Ethnography In Northern Uganda, Myriam S. Denov, Mark A. Drumbl

Scholarly Articles

Harnessing an interdisciplinary framework that merges elements of law and social science, this article aims to recast the crime of forced marriage, and thereby enhance accountability, in light of knowledge acquired through ethnographic fieldwork in northern Uganda. More specifically, we draw upon the perspectives and experiences of 20 men who were "bush husbands" in the Lord’s Resistance Army (LRA). These men were abducted by the LRA between the ages of 10 and 38 and spent between 6 and 24 years in captivity. During their time in the LRA, these men became ‘bush husbands’ with each man fathering between 1 and …


Protecting Stateless Refugees In The United States, David Baluarte Jan 2020

Protecting Stateless Refugees In The United States, David Baluarte

Scholarly Articles

This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article …


Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte Jan 2020

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

Scholarly Articles

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …


Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan Jan 2020

Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan

Scholarly Articles

Human rights are controversial, yet the question posed in this Article – “is it time for Global Justice?” – begs several, critical, questions which must be addressed first. If humans disagree on which rights should be universal; if human rights are “little more than thistledown, springing up at random and blowing away as time’s whirligig spins,” then how on earth can there be international human rights?


Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero Jan 2020

Religion In The Writing: A Literary Analysis Of Justice Kennedy On Abortion, Jonathan Cantarero

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman Jan 2020

Lessons For Advocacy From The Life And Legacy Of The Reverened Doctor Pauli Murray, Florence Wagman Roisman

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein Jan 2020

Emancipation Unlocke'd: Partus Sequitur Ventrem, Self-Ownership, And No "Middle State"In Maria Vs. Surbaugh, Diane J. Klein

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Regulating Physician-Assisted Suicide, Colm O'Connor Jan 2020

Regulating Physician-Assisted Suicide, Colm O'Connor

Online Blog

No abstract provided.


Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. Mclaughlin Jan 2020

Bibliography Of Journal And Law Review Articles Discussing Virgil Hawkins And His Legal And Social Impact, Paul J. Mclaughlin

Documents

No abstract provided.


Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley Jan 2020

Open Record Laws: Balancing The "Right To Know" With The Safety Of Reproductive Health Care Service Providers, Rebecca Bentley

Buffalo Human Rights Law Review

No abstract provided.


Ideological Exclusion Of Foreigners In Israel And In The United States, Yuval Livnal Jan 2020

Ideological Exclusion Of Foreigners In Israel And In The United States, Yuval Livnal

Buffalo Human Rights Law Review

This article explores the challenge which free speech poses to Israeli immigration policy. It does so, first, by looking into the American immigration policy regarding ideological exclusions, i.e. refusing entry of a foreigner to the U.S., or the deportation of one from it, solely due to the foreigner's ideological belief As discussed in this article, the U.S. Supreme Court has been consistently reluctant to strike down laws and regulations barring entry of foreigners due to their ideological convictions, from the beginning of the previous century, throughout the Cold-War era, and up until the recent upholding of President Trump's travel ban. …


Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman Jan 2020

Disabling Solitary: An Anti-Carceral Critique Of Canada's Solitary Confinement Litigation, Sheila Wildeman

Research Papers, Working Papers, Conference Papers

The title of this chapter signifies at least three things. The first is the disabling effects of solitary confinement. The second is recent efforts of prison justice advocates in Canada to use law, or specifically litigation, to disable the logic of solitary confinement: to disrupt that logic through the logic of human rights. The third, most oblique reference, and one I develop here, speaks to dangers presented by the path Canada’s solitary confinement litigation has taken: a path of isolating disability-based prison justice claims from the wider ambitions of intersectional substantive equality. My thesis is that this isolation of disability …


Civil Rights In Living Color, Vinay Harpalani Jan 2020

Civil Rights In Living Color, Vinay Harpalani

Faculty Scholarship

This Article will examine how American civil rights law has treated “color” discrimination and differentiated it from “race” discrimination. It is a comprehensive analysis of the changing legal meaning of “color” discrimination throughout American history. The Article will cover views of “color” in the antebellum era, Reconstruction laws, early equal protection cases, the U.S. Census, modern civil rights statutes, and in People v. Bridgeforth—a landmark 2016 ruling by the New York Court of Appeals. First, the Article will lay out the complex relationship between race and color and discuss the phenomenon of colorism—oppression based on skin color—as differentiated from …


Hard And Soft Law Preferences In Business And Human Rights, Kishanthi Parella Jan 2020

Hard And Soft Law Preferences In Business And Human Rights, Kishanthi Parella

Scholarly Articles

States and non-state actors, such as business organizations and NGOs, have varying preferences among regulatory options in business and human rights. Some actors prefer soft law governance while others advocate for legally binding solutions at the national and international levels. In this essay, I explore some of the factors that may explain why state and non-state actors hold these diverse preferences. I conclude that while some of these preferences may be attributable to the unique advantages of soft lawor hard law, other preferences likely depend on the effects produced by the interaction of both types of law within the broader …


Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes Jan 2020

Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes

College of Law - Faculty Scholarship

A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry's housing needs. Although this reorientation reflects decisions from the European Court of …


Cruzan’S Legacy In Autonomy, Kathy Cerminara Jan 2020

Cruzan’S Legacy In Autonomy, Kathy Cerminara

Faculty Scholarship

No abstract provided.


Advancing Technology And The Changing Conception Of Human Rights, Olympia Duhart Jan 2020

Advancing Technology And The Changing Conception Of Human Rights, Olympia Duhart

Faculty Scholarship

No abstract provided.


A Health Justice Perspective Of Asthma And Covid-19, Elizabeth Raterman Jan 2020

A Health Justice Perspective Of Asthma And Covid-19, Elizabeth Raterman

Human Rights Brief

No abstract provided.


Prosecuting Offenders For Rape Committed In Armed Conflict: Interrogating The Accountability Of The Nigerian State, Caroline Omochavwe Oba Jan 2020

Prosecuting Offenders For Rape Committed In Armed Conflict: Interrogating The Accountability Of The Nigerian State, Caroline Omochavwe Oba

Human Rights Brief

No abstract provided.


Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon Jan 2020

Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.


Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins Jan 2020

Trapped In The Binary Divide: How Forced Contraceptives Violate The World Anti-Doping Code, Alexandria Adkins

American University International Law Review

No abstract provided.


From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb Jan 2020

From Cancellation To Removal: The Protection Of Migrants Of 'Bad Character' In Australia, Lillian Robb

American University International Law Review

No abstract provided.


Lecture: Challenges To The Protection Of Human Rights Today, Michelle Bachelet Jan 2020

Lecture: Challenges To The Protection Of Human Rights Today, Michelle Bachelet

American University International Law Review

No abstract provided.


Child-Friendly Justice Behind Bars: A Comparative Analysis Of The Protection Mechanisms Of The Rights Of Arrested Children In The Practice Of The Working Group On Arbitrary Detention And Of The European And Inter-American Courts Of Human Rights, Áquila Mazzinghy Jan 2020

Child-Friendly Justice Behind Bars: A Comparative Analysis Of The Protection Mechanisms Of The Rights Of Arrested Children In The Practice Of The Working Group On Arbitrary Detention And Of The European And Inter-American Courts Of Human Rights, Áquila Mazzinghy

American University International Law Review

No abstract provided.


Revisiting The Pledge By The U.K. Regarding The “Five Techniques”, William T. Worster Jan 2020

Revisiting The Pledge By The U.K. Regarding The “Five Techniques”, William T. Worster

American University International Law Review

No abstract provided.


Slavery-Like Conditions And Abuse Of Positions Of Vulnerability: Why The United States Should Judge Countries' Efforts To Combat Human Trafficking Based On The Palermo Protocol And Consider The Effects Of Legalized Prostitution On Human Trafficking, Danica Baird Jan 2020

Slavery-Like Conditions And Abuse Of Positions Of Vulnerability: Why The United States Should Judge Countries' Efforts To Combat Human Trafficking Based On The Palermo Protocol And Consider The Effects Of Legalized Prostitution On Human Trafficking, Danica Baird

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell Jan 2020

Closeted Or Credible: How Misinterpretation Of The Real Id Act Prevents Closeted Lgbtq+ Applicants From Establishing Credible Asylum Claims, Mary Kate O'Connell

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Hartford Guidelines On Speech Crimes In International Criminal Law, Richard Ashby Wilson, Matthew Gillett Jan 2020

The Hartford Guidelines On Speech Crimes In International Criminal Law, Richard Ashby Wilson, Matthew Gillett

Faculty Articles and Papers

The Hartford Guidelines on Speech Crimes in International Criminal Law are a comprehensive survey of individual criminal responsibility for harmful speech acts under international criminal law. The Guidelines offer a restatement of current international law concerning speech crimes with a view to assisting international agencies, national authorities and other actors contemplating appropriate regulatory responses to inciting speech and associated human rights violations. As such, they provide legal actors with an urgently needed, authoritative and systematic legal framework for regulating and sanctioning speech that violates international legal standards. Speech crimes are a decidedly unsettled area of international criminal law. There is …


Imbalanced Progress On The Implementation Of Anti Domestic Violence Law In China, Hao Yang, Feng Yuan Jan 2020

Imbalanced Progress On The Implementation Of Anti Domestic Violence Law In China, Hao Yang, Feng Yuan

Human Rights Brief

No abstract provided.