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2021

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Articles 421 - 450 of 497

Full-Text Articles in Human Rights Law

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman Jan 2021

America’S Presidential Crisis Of Legitimacy: How The Electoral College Became Obsolete And How We Can Fix It, Julia Rose Foodman

Scripps Senior Theses

The goal of this thesis is to critique the current American Presidential electoral system, the Electoral College, and to show what an alternative could potentially mean for the American people. This paper seeks to answer the following questions: What are the main arguments for the Electoral College, why are they troubling, and how can we mend American Presidential elections for the greater purposes of political equality, democracy, and freedom? To do so, core arguments made by conservative pundits in favor of the Electoral College are outlined in order to bring attention to their logical, political, and moral inconsistencies. The inequalities …


The African Human Rights System As ‘Norm Leader’: Three Case Studies, Obiora C. Okafor, Godwin E.K. Dzah Jan 2021

The African Human Rights System As ‘Norm Leader’: Three Case Studies, Obiora C. Okafor, Godwin E.K. Dzah

Articles & Book Chapters

Africa (including its human rights system) is rarely imagined or considered an originator, agent and purveyor of ideas, including in the human rights sphere. On this occasion of the fortieth anniversary of the adoption of the 1981 African Charter on Human and Peoples’ Rights which founded the African human rights system, it is only fitting that its contributions or otherwise to global human rights praxis, over these four decades, be examined from this perspective. Utilising the theory of the norm life cycle, developed by scholars of international relations who work within ‘strategic social constructivism’, this article examines how the African …


No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin Jan 2021

No, The Firing Squad Is Not Better Than Lethal Injection: A Response To Stephanie Moran’S A Modest Proposal, Michael Conklin

Seattle University Law Review

In the article A Modest Proposal: The Federal Government Should Use Firing Squads to Execute Federal Death Row Inmates, Stephanie Moran argues that the firing squad is the only execution method that meets the requirements of the Eighth Amendment. In order to make her case, Moran unjustifiably overstates the negative aspects of lethal injection while understating the negative aspects of firing squads. The entire piece is predicated upon assumptions that are not only unsupported by the evidence but often directly refuted by the evidence. This Essay critically analyzes Moran’s claims regarding the alleged advantages of the firing squad over …


Table Of Contents, Seattle University Law Review Jan 2021

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Duress In Immigration Law, Elizabeth A. Keyes Jan 2021

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …


Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman Jan 2021

Bargaining Justice: Negotiating Law In An Indian Bazaar, Andy Rotman

Seattle University Law Review

This Symposium Article details the bazaars in the city of Banaras and explains why it is an especially good test case for considering the topic at hand: Corporate Capitalism and the City of God. The article explores how Banaras challenges normative views of “corporate capitalism,” both in terms of how it is practiced in the city and the rules that govern it. It further focuses on the legal system that is mobilized to guide commercial exchange and daily life in the bazaars of Banaras, this legal system’s relationship to the city’s courts and police, and the relationship between these two …


Reasonable Expectations Of Privacy In An Era Of Drones And Deepfakes: Expanding The Supreme Court Of Canada’S Decision In R V Jarvis, Suzie Dunn, Kristen Mj Thomasen Jan 2021

Reasonable Expectations Of Privacy In An Era Of Drones And Deepfakes: Expanding The Supreme Court Of Canada’S Decision In R V Jarvis, Suzie Dunn, Kristen Mj Thomasen

Articles, Book Chapters, & Popular Press

Perpetrators of Technology-Facilitated gender-based violence are taking advantage of increasingly automated and sophisticated privacy-invasive tools to carry out their abuse. Whether this be monitoring movements through stalker-ware, using drones to non-consensually film or harass, or manipulating and distributing intimate images online such as deep-fakes and creepshots, invasions of privacy have become a significant form of gender-based violence. Accordingly, our normative and legal concepts of privacy must evolve to counter the harms arising from this misuse of new technology. Canada’s Supreme Court recently addressed Technology-Facilitated violations of privacy in the context of voyeurism in R v Jarvis (2019). The discussion of …


Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter Jan 2021

Living The Sacred: Indigenous Peoples And Religious Freedom, Kristen A. Carpenter

Publications

No abstract provided.


Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie Jan 2021

Introduction To The Symposium On The Impact Of Indigenous Peoples On International Law, S. James Anaya, Antony Anghie

Publications

No abstract provided.


Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev Jan 2021

Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev

Publications

No abstract provided.


Algorithmic Impact Assessments Under The Gdpr: Producing Multi-Layered Explanations, Margot E. Kaminski, Gianclaudio Malgieri Jan 2021

Algorithmic Impact Assessments Under The Gdpr: Producing Multi-Layered Explanations, Margot E. Kaminski, Gianclaudio Malgieri

Publications

Policy-makers, scholars, and commentators are increasingly concerned with the risks of using profiling algorithms and automated decision-making. The EU’s General Data Protection Regulation (GDPR) has tried to address these concerns through an array of regulatory tools. As one of us has argued, the GDPR combines individual rights with systemic governance, towards algorithmic accountability. The individual tools are largely geared towards individual “legibility”: making the decision-making system understandable to an individual invoking her rights. The systemic governance tools, instead, focus on bringing expertise and oversight into the system as a whole, and rely on the tactics of “collaborative governance,” that is, …


Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech, Evelyn Aswad Jan 2021

Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech, Evelyn Aswad

Faculty Articles

One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …


Table Of Contents, Public Interest Law Reporter Jan 2021

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.


The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez Jan 2021

The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez

Public Interest Law Reporter

No abstract provided.


Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci Jan 2021

Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci

Public Interest Law Reporter

No abstract provided.


Voter Suppression In Georgia, Eli Woods Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

On Gang Databases, Louise Carhart

Public Interest Law Reporter

No abstract provided.


Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern Jan 2021

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 Jan 2021

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 Jan 2021

"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 Jan 2021

A Look At Race & Reparations In America, Annie Keller

Public Interest Law Reporter

No abstract provided.


The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez Jan 2021

The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez

Public Interest Law Reporter

No abstract provided.


Examining The 2021 Texas Power Grid Crisis, Dean Jepsen Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 Jan 2021

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 …


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 Jan 2021

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 …