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Articles 391 - 420 of 497
Full-Text Articles in Human Rights Law
Voter Suppression In Georgia, Eli Woods
Voter Suppression In Georgia, Eli Woods
Public Interest Law Reporter
No abstract provided.
Revisiting Poverty Under Equal Protection In The Wake Of Covid-19, Alexis O'Connor
Revisiting Poverty Under Equal Protection In The Wake Of Covid-19, Alexis O'Connor
Public Interest Law Reporter
No abstract provided.
When Justice Is Blind: Accommodations For Judges With Visual Impairments And Blindness, Annie Mann
When Justice Is Blind: Accommodations For Judges With Visual Impairments And Blindness, Annie Mann
Public Interest Law Reporter
No abstract provided.
On Gang Databases, Louise Carhart
Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern
Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern
Public Interest Law Reporter
No abstract provided.
Table Of Contents, Public Interest Law Reporter
Table Of Contents, Public Interest Law Reporter
Public Interest Law Reporter
No abstract provided.
"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanee Brown
"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanee Brown
Public Interest Law Reporter
No abstract provided.
A Look At Race & Reparations In America, Annie Keller
A Look At Race & Reparations In America, Annie Keller
Public Interest Law Reporter
No abstract provided.
The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez
The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez
Public Interest Law Reporter
No abstract provided.
Examining The 2021 Texas Power Grid Crisis, Dean Jepsen
Examining The 2021 Texas Power Grid Crisis, Dean Jepsen
Public Interest Law Reporter
No abstract provided.
Supplemental Security Income: How A Noble Mission Without Modernization Perpetuates Poverty, Caroline Jarcho
Supplemental Security Income: How A Noble Mission Without Modernization Perpetuates Poverty, Caroline Jarcho
Public Interest Law Reporter
No abstract provided.
The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer
The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer
Public Interest Law Reporter
No abstract provided.
Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page
Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page
Journal Publications
We have come a mighty long way in our criminal justice system. We have gone from a period of time when people of African descent were not considered humans and were deliberately excluded from serving on jury panels to seeing Black judges, defense attorneys and prosecuting attorneys taking part in selecting more diverse juries. Progress has been made, but how far have we really journeyed, and are the vestiges of racial animus and discrimination from the Jim Crow era truly eradicated? One need not look further than the current criminal trial we are witnessing of former Minneapolis police officer Derek …
Historically Black Colleges & Universities: A Model For American Education, Jennifer M. Smith
Historically Black Colleges & Universities: A Model For American Education, Jennifer M. Smith
Journal Publications
Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery officially ended. Having been starved of the opportunity to learn to read or write, the recently emancipated Blacks were eager to learn. Within a year after slavery ended, however, Florida and other Southern states enacted laws to ensure the continuation of the vestiges of slavery in the United States. The legacy of slavery and racism evolved into an …
How Judicial Application Of Cda § 230 And Fha § 3604 Have Created Safe Havens For Online Housing Discrimination, Sophia A. Studer
How Judicial Application Of Cda § 230 And Fha § 3604 Have Created Safe Havens For Online Housing Discrimination, Sophia A. Studer
Law Student Publications
This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer service providers so long as the interactive computer service provider is not a creator or developer of information. Through the decisions of Zeran, Craigslist, and Roommate, the federal appellate courts created broad shield of immunity for interactive computer service providers, leading to a safe haven for discrimination online. Together the courts and …
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
Traffickers' "F"Ing Behavior During A Pandemic: Why Pandemic Online Behavior Has Heightened The Urgency To Prevent Traffickers From Finding, Friending, And Facilitating The Exploitation Of Youth Via Social Media, Nicola A. Boothe-Perry
Traffickers' "F"Ing Behavior During A Pandemic: Why Pandemic Online Behavior Has Heightened The Urgency To Prevent Traffickers From Finding, Friending, And Facilitating The Exploitation Of Youth Via Social Media, Nicola A. Boothe-Perry
Journal Publications
During the trans-Atlantic slave trade, millions of native Africans were tricked into slavery. Today trans-continental deception continues, ensnaring victims from every corner of the world, many of whom are vulnerable children deceived and enslaved through violence and abuse. Ranked as the second most prevalent criminal enterprise, human trafficking is a multi-billion-dollar enterprise in the United States and across the world, with many of the victims recruited, solicited and exploited via social media. The correlation between this social media exploitation and the use of technology during the 2020 pandemic (hereinafter referred to as "Pandemic Online Behavior" or "POB") highlights the need …
R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes
R V. Turtle: Substantive Equality Touches Down In Treaty 5 Territory, Sonia Lawrence, Debra Parkes
All Faculty Publications
Court comes to Pikangikum First Nation through the air. Judges, Crown attorneys, and defence lawyers fly into this Anishinaabe community, located 229 kilometres north of Kenora, Ontario, to hear bail, trial, and sentencing matters involving members of the community. And then they fly out. Many of those provincial court proceedings involve sentencing members of the community to jail in Kenora or to a penitentiary even further away. We suspect that s. 15 of the Charter is rarely discussed in the Pikangikum courtroom (which is sometimes a room in the business development centre and sometimes the Chinese restaurant), a reality that …
Nature's Rights, Christiana Ochoa
Nature's Rights, Christiana Ochoa
Articles by Maurer Faculty
Do forests and rivers possess standing to sue? Do mountain ranges have substantive rights? A recent issue of The Judges’ Journal, a preeminent publication for American judges, alerts the bench, bar, and policymakers to the rapidly emerging “rights of nature,” predicting that state and federal courts will increasingly see claims asserting such rights. Within the United States, Tribal law has begun to legally recognize the rights of rivers, mountains, and other natural features. Several municipalities across the United States have also acted to recognize the rights of nature. United States courts have not yet addressed the issue, though in 2017, …
Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama
Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama
University of San Francisco Law Review
No abstract provided.
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Seattle University Law Review
One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …
Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell
Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell
Intercultural Human Rights Law Review
This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects of culture and the law. The treatment of incarcerated transgender people is no exception. Historically, transgender people have been routinely denied access to medically necessary hormone therapy, surgery, and other gender-affirming procedures; subjected to cross-gender strip searches; and housed according to their birth sex. But these policies and practices have begun to change. State departments of corrections are now providing some, though by no means all, appropriate care to transgender people, culminating in the Ninth Circuit’s historic decision in Edmo …
Crimes Against Humanity: Little Progress On Treaty As Un Legal Committee Concludes Its Work, Leila Nadya Sadat, Akila Radhakrishnan
Crimes Against Humanity: Little Progress On Treaty As Un Legal Committee Concludes Its Work, Leila Nadya Sadat, Akila Radhakrishnan
Scholarship@WashULaw
The United Nations General Assembly’s legal committee again missed the opportunity to take action this year on the draft text of a new treaty on crimes against humanity proposed by the International Law Commission. The failure, in the form of a vote Nov. 18 on a draft resolution that simply took note of the draft articles, leaves a critical gap in the legal architecture for preventing and punishing mass atrocity crimes. The result deprives a range of victims and survivors the effective protection and justice they deserve.
Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez
Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez
Cardozo International & Comparative Law Review
The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.
Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan
Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan
Cardozo International & Comparative Law Review
The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …
Human Rights Realism, Natalie R. Davidson
Human Rights Realism, Natalie R. Davidson
Vanderbilt Journal of Transnational Law
In the aftermath of gross human rights abuses, when, if at all, should we forego legal accountability? Human rights scholars debated this question in the 1980s and 1990s, in what was referred to as the "peace versus justice" debate. The "justice" side won the day among human rights advocates, among whom the dominant position is that legal accountability is a necessary response to atrocity and cannot be limited by political considerations (a position this Article terms "human rights absolutism'). However, this question has resurfaced in the twenty-first century, in intense debates with interlocutors outside the field of human rights. Faced …
Counterterrorism 2.0, Deborah Pearlstein
Counterterrorism 2.0, Deborah Pearlstein
Articles
Are there any lessons to be gleaned for combatting the rising threat of white nationalist terrorism today from the U.S. response to the attacks of 9/11 twenty years on? This symposium reflection suggests that among the most important lessons may be in avoiding the conceptually defining characteristics of the early U.S. response in 2001. Detainee torture and abuse, the embrace of trial by newly formed military commission, and other misguided policies and practices whose effects are still felt today were set in motion in the first few weeks after the attacks, driven by the instinct to do something, bolstered by …
Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness
Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness
Faculty Publications
Contrary to the view that the rejection of human rights treaty membership has left the United States outside the formal international human rights system, the United States has played a key role in international human rights governance through congressionally mandated human rights monitoring and reporting. Since the mid-1970s, congressional oversight of human rights diplomacy, which requires reporting on global human rights practices, has integrated international human rights law and norms into the execution of U.S. foreign policy. While the congressional human rights mandates have drifted from their original purpose to condition allocation of foreign aid, they have effectively embedded international …
Coming To Terms: Using Contract Theory To Understand The Detroit Water Shutoffs, Marissa Jackson Sow
Coming To Terms: Using Contract Theory To Understand The Detroit Water Shutoffs, Marissa Jackson Sow
Faculty Publications
After the City of Detroit underwent financial takeover and filed the largest municipal bankruptcy in American history in 2013, the city’s emergency manager encouraged mass water shutoffs as a way of making the city’s water utility a more attractive asset for sale— and for privatization—by ridding the water department of its association with bad debt. The sale never took place, but the water shutoff, too, became the largest ever in American history, with over 141,000 homes subjected to water disconnections over a period of over six years. The governor of the State of Michigan ordered that the shutoffs be temporarily …