Human Rights Law Commons^™

Dossier: The Stateless Rohingya—Practical Consequences Of Expulsion, Fiza Lee-Winter, Tonny Kirabira

Genocide Studies and Prevention: An International Journal

The international community has been called upon to ramp up efforts to end statelessness and provided with a guiding framework of 10 Actions. This dossier presents the practical consequences of expulsion, both direct and indirect outcomes of collective violence, directed towards the Rohingyas. Touching upon the nexus between children's rights, human trafficking, and practical challenges associated on-the-ground, the dossier also discusses the imperative need for the Association of Southeast Asian Nations (ASEAN) states—collectively as a region—to take steps in fulfilling Action 7 of the Global Action Plan through the birth registration of Rohingya children as part of their existing efforts …

Corruption And Its Manifestations In The Field Of Public Education At The Present Stage Of Development Of The Republic Of Uzbekistan, Abdullayeva Malikabonu Erkin Qizi

ProAcademy

The article deals with the concept and signs of corruption in national and international legislation. Based on the analysis of legal definitions of the concept of corruption, lists of acts of corruption in conjunction with the provisions of the most significant international legal acts that laid the foundations for understanding corruption, an attempt is made to determine the list and content of essential features of this social and legal phenomenon. As significant signs of corruption, the author singled out: social harm (danger), sphere of existence, subject of corruption, subjects, use by the subject of corruption of official (official) powers or …

A Human Rights Crisis Under Our Roof, Aglae Eufracio

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

National Security Policymaking In The Shadow Of International Law, Laura T. Dickinson

Utah Law Review

Scholars have long debated whether and how international law impacts governmental behavior, even in the absence of coercive sanction. But this literature does not sufficiently address the possible impact of international law in the area of national security policymaking. Yet, policies that the executive branch purports to adopt as a wholly discretionary matter may still be heavily influenced by international legal norms, regardless of whether or not those norms are formally recognized as legally binding. And those policies can be surprisingly resilient, even in subsequent administrations. Moreover, because they are only seen as discretionary policies, they may be more easily …

The Meaning, History, And Importance Of The Elections Clause, Eliza Sweren-Becker, Michael Waldman

Washington Law Review

Historically, the Supreme Court has offered scant attention to or analysis of the Elections Clause, resulting in similarly limited scholarship on the Clause’s original meaning and public understanding over time. The Clause directs states to make regulations for the time, place, and manner of congressional elections, and grants Congress superseding authority to make or alter those rules.

But the 2020 elections forced the Elections Clause into the spotlight, with Republican litigants relying on the Clause to ask the Supreme Court to limit which state actors can regulate federal elections. This new focus comes on the heels of the Clause serving …

Racism As A Human Rights Risk: Reconsidering The Corporate 'Responsibility To Respect' Rights, Erika George

Faculty Scholarship

Darnella Frazer, a teenage witness to a fatal police encounter, used social media to share her cell phone video footage capturing a white police officer casually kneeling on the neck of a handcuffed Black man named George Floyd for nearly nine minutes. Her video rapidly went viral, sparking civil unrest across the United States (US) and protests around the world.¹ Independent experts of the Special Procedures of the United Nations Human Rights Council came together to issue a joint statement condemning 'systemic racism' and 'state sponsored racial violence' in the US.² George Floyd was not the first unarmed …

Revocation And Retribution, Jacob Schuman

Washington Law Review

Revocation of community supervision is a defining feature of American criminal law. Nearly 4.5 million people in the United States are on parole, probation, or supervised release, and 1/3 eventually have their supervision revoked, sending 350,000 to prison each year. Academics, activists, and attorneys warn that “mass supervision” has become a powerful engine of mass incarceration.

This is the first Article to study theories of punishment in revocation of community supervision, focusing on the federal system of supervised release. Federal courts apply a primarily retributive theory of revocation, aiming to sanction defendants for their “breach of trust.” However, the structure, …

"Send Freedom House!": A Study In Police Abolition, Tiffany Yang

Washington Law Review

Sparked by the police killings of George Floyd and Breonna Taylor, the 2020 uprisings accelerated a momentum of abolitionist organizing that demands the defunding and dismantling of policing infrastructures. Although a growing body of legal scholarship recognizes abolitionist frameworks when examining conventional proposals for reform, critics mistakenly continue to disregard police abolition as an unrealistic solution. This Essay helps dispel this myth of “impracticality” and illustrates the pragmatism of abolition by identifying a community-driven effort that achieved a meaningful reduction in policing we now take for granted. I detail the history of the Freedom House Ambulance Service, a Black civilian …

The Disparate Treatment Of Rights In U.S. Trade, Desirée Leclercq

Fordham Law Review

Rights advocates are increasingly urging U.S. trade negotiators to include new binding and sanctionable provisions that would protect human rights, women’s rights, and gender equality. Their efforts are understandable. Trade agreements have significant advantages as a process for advancing international rights. Even though Congress and the executive incorporate international environmental standards and labor rights into U.S. trade agreements, they have refused to incorporate gender rights and broader human rights. The rationale behind the United States’s disparate treatment of rights in trade has received almost no scholarly attention. That is a mistake. Using labor rights as a case study, this Article …

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

Dickinson Law Review (2017-Present)

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 …

Stemming The Tide: Social Norms And Child Sex Trafficking, Melissa L. Breger

Dickinson Law Review (2017-Present)

Despite decades of attempts to eradicate the industry, child sex trafficking continues to flourish. Arguably, there is debate about whether adults willingly choose sex work, yet there are no arguments supporting the notion that children make any such choice. When children are bought and sold for sexual purposes, it is child sex trafficking.

Academic legal research has focused comprehensively on the identification of child victims and the prosecution of child traffickers, yet there has not been as salient a focus on reducing the market of buyers of trafficked children. It is the reduction of demand where theories of re-norming and …

Fiscal Decolonization-Indigenous Fiscal Autonomy And Tax Jurisdiction, Riad Kherallah

LLM Theses

This thesis focuses on the relationship between Indigenous fiscal autonomy and self-determination. Indigenous nations’ ability to achieve self-determination is dependent upon their ability to autonomously finance self-government. Unfortunately, Canada’s colonial policies have weakened Indigenous economies and rendered them dependent upon the Crown. Due to Indigenous nations’ lack of fiscal autonomy, Crown policies designed to promote Indigenous self-government have proven inadequate. This thesis argues for using the United Nations Declaration on the Rights of Indigenous Peoples as a blueprint for developing more equitable economic relations. While there are various elements to Crown-Indigenous economic relations, this thesis focuses on the distribution of …

Protecting The Child Bride: Following Texas' Middle Ground Approach, Wendy Tolson Ross

Faculty Works

Child marriages historically affect girls more so than boys. In fact, in 2010, the Center for Disease Control reported that for the preceding five-year period, 4% of teen girls and 1% of teen boys married before age eighteen. As a result, feminists have traditionally fought to police girls' chastity throughout time. However, further discussion of this is outside of the discussion of this paper. This paper will focus on the concern of "child brides," or minors under the age of eighteen.

At the heart of this child marriage problem are two concerns: 1) protection of the underage and immature minor …

"My Bewildering Brain Toils In Vain": Traumatic Brain Injury, The Criminal Trial Process, And The Case Of Lisa Montgomery, Alison Lynch, Michael L. Perlin, Heather Ellis Cucolo

Articles & Chapters

Individuals with traumatic brain injuries (TBI) have a greater risk of becoming justice-involved due to the role that many TBIs play in impulse control and judgment. Attorneys assigned to represent this cohort may not have encountered individuals with TBI before, and may not be familiar with behavioral manifestations that could be relevant as a defense or as mitigation in individual cases. In this regard, TBI is grossly misunderstood.

A grave example of this point, and a foundation for this article, is the case of Lisa Montgomery, who despite evidence of serious mental illness and significant brain damage, was convicted, sentenced …

Disrespect As The Essence Of Constitutional Right Violations, R. George Wright

Cardozo Journal of Equal Rights & Social Justice

The article posits that disrespect is a fundamental concept in understanding constitutional rights violations. It argues that the underlying logic and limits of constitutional rights are rooted in considerations of respect and disrespect, particularly respect for persons. The author contends that both intentional and unintentional disrespect can lead to constitutional violations, affecting various rights such as equal protection, free speech, and due process. The analysis draws on philosophical frameworks, including those of Kant and Rawls, to emphasize the centrality of respect in constitutional jurisprudence.

Hamiltonian Shifts In State Aid And The Coming Breakdown Of The Internal Market: Can The European Union Survive Its Covid-19 Response?, Richard Dacher

Cardozo International & Comparative Law Review

This Note analyzes the consequences of the COVID-19 pandemic to the legal structure of the EU and its path forward. The EU's and the member states' actions to combat the pandemic have brought the political and economic union to the precipice of a breakdown of the Internal Market. Fiscal policies mirroring those of the United States will likely rise in its place. Recent tax court decisions, acquiescence to federal debt-sharing schemes, and deregulated state aid policies highlight the federalization of the EU as a unified economic structure, and also foreshadow its diminished influence over the member states' state aid policies. …

“An Outrage Upon Our Feelings”: The Role Of Local Governments In Resistance Movements, Daniel Farbman

Cardozo Law Review

After the election of 2016, many who opposed President Trump and his policies argued that local governments and local power would be the best tools to resist those policies and strengthen democracy. Among the most prominent acts of local resistance in the last decade have been resolutions that declare a town or a city a “Sanctuary” and refuse to cooperate with federal authorities in the deportation of undocumented immigrants. This Article situates these resolutions in a long tradition of local opposition to state and federal laws that towns and cities deem unjust by examining local opposition to the Fugitive Slave …

Towards A Governance Model Of Ungovernable Prisons: How Recognition Of Inmate Organizations, Dialogue, And Mutual Respect Can Transform Violent Prisons In Latin America, José Luis Pérez Guadalupe, James Cavallaro, Lucia Nuñovero

Catholic University Law Review

Study of informal organizations in prisons in Latin America focuses on the exercise of control over daily life inside detention centers, including the extreme example of ‘self-government’ of and by those incarcerated. In Latin America, self-government occurs in the dangerous context of severe overcrowding, limited resources and poor services, aggravated by high levels of violence and illicit markets within prisons. The combination is highly volatile and poses grave dangers to the lives and wellbeing of detainees, authorities and often the larger society beyond prisons. This article considers one pioneering effort to overcome the unfettered control of prison by detainees: the …

Forms Of International Legal And Organizational Interaction In The Field Of Counteraction Illicit Drug Trafficking, Psychotropic Substances And Precursors, Musaev Djamaliddin Kamalovich

ProAcademy

The author raises the problem of international cooperation of states in the field of illicit trafficking in narcotic drugs and psychotropic substances. References are given to the main conventions related to this problem, signed in different years. The mechanisms of adoption and the form of practical application of these conventions are disclosed, as well as an analysis of the situation in the world in relation to drug trafficking is given, options for resolving the problem by strengthening the international system for controlling drug trafficking are proposed. A comprehensive analysis of international cooperation on legal and organizational approaches to combating the …

Intelligence Sharing In Multinational Military Operations And Complicity Under International Law, Marko Milanovic

International Law Studies

This article examines the international legal framework applicable to intelligence sharing in multinational military operations, with a particular focus on complicity scenarios. It first provides a theoretical overview of the role of fault in complicity, of how intent and knowledge can be conceptualized, and of the attribution of fault to States. It then looks in detail at the rule codified in Article 16 of the International Law Commission’s Articles on State Responsibility, and argues that this rule is best understood as employing multiple modes of fault (direct and indirect intent and wilful blindness). The article also argues that international humanitarian …

The Rise Of Ada Title Iii: How Congress And The Department Of Justice Can Solve Predatory Litigation, Sarah E. Zehentner

Brooklyn Law Review

The Americans with Disabilities Act (ADA) was enacted in 1990 to afford equal opportunities for individuals with disabilities. Title III of the ADA, specifically, was enacted to afford disabled individuals equal access to places of public accommodation. When the ADA was enacted, the internet was still in its infancy and Congress did not contemplate the need for governing accessibility to websites of public accommodations. Today, the internet has become embedded in virtually every aspect of our lives, yet there are still millions of disabled individuals who are unable to equally access the websites of American businesses. With the ADA being …

Shifting Antitrust Laws And Regulations In The Wake Of Hospital Mergers: Taking The Focus Off Of Elective Markets And Centering Health Care, Maya Inka Ureño-Dembar

Brooklyn Law Review

Access to health care requires access to a care center and access to comprehensive health care services. Rampant hospital mergers are uniquely poised to reduce both the number of hospitals, requiring patients to travel further, and the services provided within a newly merged hospital, namely reproductive health services. This phenomenon is clearly seen through the merging of secular and nonsecular hospitals, which often result in patients being forced to travel much further for reproductive health care. In the United States’ current model, health care is not a right, but is treated as a commodity. As such, it is governed by …

Arkansas And The 3p Paradigm: What The Arkansas General Assembly Should Do To Better Protect Victims Of Sex Trafficking, Prosecute Sex Trafficking Offenders, And Prevent Sex Trafficking From Occurring Within The State, Melody Pruitt-Guffey

University of Arkansas at Little Rock Law Review

No abstract provided.

Corporate Violations Of Human Rights: Addressing The Coordinated Surveillance And Persecution Of The Uyghur People By The Chinese State And Chinese Corporations, Ross Smith

Georgia Journal of International & Comparative Law

No abstract provided.

We're Here, We're Queer, And We're Here To Stay: Zhdanov And Others V. Russia And The State Of The European Court Of Human Rights Judgments On Queer Rights Against Russia, Kevin Parker

Georgia Journal of International & Comparative Law

No abstract provided.

20 Years Later, Walkerton Inquiry Members Discuss Impact Of Recommendations With Wcwc Staff, Colin Burrowes, Gus Van Harten

Editorials and Commentaries

No abstract provided.

Solidarity As A Constitutional Value, Tamar Hostovsky Brandes

Buffalo Human Rights Law Review

No abstract provided.

Access To University Education By Learners With Physical Disabilities: Combating The Barriers, Edwin O. Abuya, Jane W. Githinji

Buffalo Human Rights Law Review

No abstract provided.

Considering Rehabilitation Of Minors Sentenced In Juvenile Military Courts - Initial Proposals And Thoughts For The Future, Shai Farber, Sharon Rivlin Achai

Buffalo Human Rights Law Review

No abstract provided.

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …