Human Rights Law Commons^™

Post-Conviction Relief In Immigration Law: A Valid Solution Or Merely Perpetuating The Problem?, Will Gronefeld

Immigration and Human Rights Law Review

Immigration courts are underfunded and overwhelmed. Many noncitizens face challenges navigating the complex jurisprudence of immigration law, let alone successfully arguing their claims in court. As a result, the role of counsel takes on an even greater importance for noncitizens. However, no right to counsel exists for noncitizens. Many noncitizens who have built lives in America are deported due to difficulty navigating the complex field of immigration law on their own, not the merits of their claim. Post-conviction relief provides a legal avenue for noncitizens to challenge these decisions. This article explains the role of post-conviction relief, specifically claims of …

Children And Family Unity: The Unintended Effects Of The Unlawful Presence Bars, Shannon Conroy

Immigration and Human Rights Law Review

This Article examines the adverse consequences of the unlawful presence bars (ULP bars) on the fundamental right to family unity, with a particular focus on children as collateral victims. While the ULP bars intended to curb entering without inspection, they have had unintended and disproportionate effects on immigrant families, especially children. This Article argues that the ULP bars violate children’s right to family unity, highlighting the legal and social challenges that the bars impose on families. Further, this Article explores the severe challenges faced by families, including the effects on children’s well-being and the disproportionate impact on low-income and immigrant …

Environmental Injustice At Toxic Appalachian Prisons, Molly Baker

Immigration and Human Rights Law Review

In the United States, both federal and state governments continue to build prisons at toxic locations despite the serious health and safety hazards for prisoners. This Article discusses how the convergence of destructive and toxic mining operations with the rural prison boom in the Appalachian Mountain region has resulted in grave human rights violations at the hands of government actors. “Toxic prison siting,” the practice of constructing new prisons at toxic former mining sites, in Appalachia continues to violate the right to the highest attainable standard of physical and mental health as laid out in the International Covenant on Economic, …

The Human Right To Health And Medicine: What Does This Look Like For Taliban-Controlled Afghanistan?, Avery Anderson

Immigration and Human Rights Law Review

The human rights to health and medicine are fundamental components of international human rights law, guaranteed under a framework of international treaties which Afghanistan is bound to uphold. Despite Afghanistan’s ratification of key international agreements, the Taliban’s governance has severely restricted access to healthcare, particularly for women and girls. The situation in Taliban-controlled Afghanistan presents a complex and challenging context as the Taliban's actions contravene the right to the highest attainable standard of health, including access to essential medicines, as guaranteed under these treaties. This article assesses the international legal frameworks that protect these rights and highlights the challenges faced …

Gimme Shelter: The Right To Adequate Housing And Grants Pass V. Johnson, Meredith Mast

Immigration and Human Rights Law Review

In City of Grants Pass v. Johnson, the U.S. Supreme Court considered whether anti-camping ordinances—laws traditionally utilized to address homeless individuals taking up residence in public spaces—violated the Eighth Amendment’s prohibition on cruel and unusual punishment. The Court’s ruling that such laws are, in fact, constitutional calls into question previous commitments to homelessness elimination and prevention made by the United States at the international level. This Article seeks to explore that question by providing an overview of the right to adequate housing and the state of homelessness in the United States, analyzing the Court’s decision, and arguing that Grants …

Bringing Together The United Nations Convention On The Rights Of Persons With Disabilities And The Declaration On The Rights Of Indigenous Peoples In Canada, Constance Macintosh

Dalhousie Law Journal

This article explores the relationship between the United Nations Convention on the Rights of People with Disabilities (CRPD) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) with regards to the situation of Indigenous persons with disabilities living in Canada. In particular, it considers how the obligations and responsibilities identified under the UNDRIP and the CRPD can be interpreted and realized in a manner that is complementary and may amplify the likelihood of the goals of each instrument being realized. An explicit goal is avoiding the exclusions and erasures which arise when single identity politics dominate, which …

Policing’S Free-Speech Problem, G. Alex Sinha

Utah Law Review

The central claim of this Article is that a significant share of typical policing activity is wildly and egregiously unconstitutional. More precisely, police regularly, predictably, and systematically violate the hardest, most settled core of free-speech law under the First Amendment. We have grown to tolerate these violations—we have not even noticed them!—because they are difficult to litigate. But they are inescapable. Having seen them, we cannot abide these violations without entirely overturning the modern understanding of free-speech rights under the First Amendment.

It is well-settled that, under the First Amendment, the government generally may not discriminate against (or in favor …

The Solidarity Spectrum: De-Solidarity, Anti-Solidarity, And Resistance, Obiora C. Okafor, Gabriella Sanchez, Sarah Soto

Articles & Book Chapters

In this essay, we examine legal and political challenges to solidarity with and among migrants. We begin by describing the disturbing and powerful turn toward de-solidarity, particularly in some Global North countries, that threatens to undermine the global refugee and migration law regime. Politicians seek to capitalize upon racial fears of migrants from the Global South to reject solidarity (with the latter group) as a concept and pursue anti-immigrant laws and policies. We next examine anti-solidarity, as shown by the criminalization of humanitarian assistance as migrant smuggling. Both de-solidarity and anti-solidarity operate through law and race to constrain human mobility …

Indigenous Communities Suffer Multi-Generational Trauma (“Susto”) From The Trafficking And Slavery Of Native Women And Children, Bill Piatt, Karagan Carson, Meghan Monahan, Makayla Perez

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

No abstract provided.

La Jurisdicción De La Corte Interamericana Para Revisar Judicialmente La Invalidez De La Denuncia A La Convención Americana Sobre Derechos Humanos Efectuada Por Venezuela En 2012 Bajo Los Estándares De La Convención De Viena Y La Opinión Consultiva Oc-26/20, Claudio Grossman, Carlos Ayala Corao, Juan Mendez, Claudia Martin, Robert Goldman, Gabriel J. Ortiz Crespo

Amicus Briefs & Court Filings

No abstract provided.

Town Hall On The Sustainable Development Goals And Racial Justice In Miami–Dade County, Tamar Ezer, Denisse Córdova Montes, Abigail L. Fleming, Lily Arslanian, Kristina Bergman, Jordan Brooks, Alexis Burns, Cassandra Hacker, Zoe Henderson, Estefania Hernandez, Alyssa Huffman, Photini Kamvisseli Suarez, Brianna Sanchez, Lakshmi Sanmuganathan, Gabrielle Thomas, Abigail Wettstein

University of Miami Race & Social Justice Law Review

No abstract provided.

Constitutional Freedoms In The United States, Tom Rozinski

Open Touro Created

2025

Constitutional Freedoms is an undergraduate text for courses in civil rights and liberties. It covers most of the subject areas of other undergraduate texts, although it rearranges some in ways that are more conducive to student learning. The major difference is that freedoms of speech and press are treated together as aspects of communication, rather than separately because so distinguished in the US Constitution. The book includes sections on Supreme Court procedure, methods of interpretation, and tests for unconstitutionality, as well as information about experiential learning opportunities for students.

Decriminalization Matters: Lgbtq Transnational Litigation Networks And Movement Lawyering In The Global South, Ayodeji Kamau Perrin

Faculty Scholarship

In the last decade, a distinct sociolegal phenomenon has been sweeping across the Global South—the judicial decriminalization of same-sex sexual conduct. On the other hand, progress on LGBTQ rights has occurred in parallel to transnational countermobilization and backlash against LGBTQ rights. Yet, neither the phenomenon of judicial decriminalization nor the countermobilization and backlash to decriminalization has attracted the attention that these phenomena deserve from doctrinal legal scholars, comparative and international law scholars, or legal mobilization scholars.

In this paper, I help to remedy this oversight by making three contributions to legal mobilization scholarship and to international law and relations scholarship. …

Response To A Political Critique And Personal Attack Against A United Nations Report That Presented New Evidence About Prostitution As A Cause And Consequence Of Violence Against Women And Girls, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, the United Nations Special Rapporteur on the Elimination of Violence Against Women and Girls, Its Causes and Consequences, responses to the false and unfounded accusations and personal attacks on her Report on Prostitution and Violence Against Women presented before the 56^th session of the United Nations Human Rights Council in Geneva, 2024. I presented new evidence regarding the relationship between violence against women and girls and prostitution. Using human rights law, the Report described how prostitution is a system of abuse, exploitation, and violence against women and girls. The Report’s goal was to clarify concepts and terminology, …

Respuesta A Una Crítica Política Y A Un Ataque Personal Contra Un Informe De Las Naciones Unidas Que Presenta Nueva Evidencia Sobre La Prostitución Como Causa Y Consecuencia De La Violencia Contra Las Mujeres Y Las Niñas, Reem Alsalem

Dignity: A Journal of Analysis of Exploitation and Violence

Reem Alsalem, Relatora Especial de las Naciones Unidas sobre la violencia contra las mujeres y las niñas, sus causas y consecuencias, responde a las acusaciones falsas y infundadas y a los ataques personales sobre su informe sobre Prostitución y Violencia contra la Mujer, presentado ante la 56ª sesión del Consejo de Derechos Humanos de las Naciones Unidas en Ginebra, 2024. Presenté nueva evidencia sobre la relación entre la violencia contra las mujeres y las niñas y la prostitución. Utilizando el derecho de los derechos humanos, el informe describe la prostitución como un sistema de abuso, explotación y violencia contra las …

A Litany For Blessed Diversity, Emma De Ramón Acevedo, Marco Enríquez, Jordi Padilla-Delgado, Ammel Sharon

Popular Media

No abstract provided.

The Right To Truth In Transitional Justice, Nouran Hassan

Theses and Dissertations

Transitional justice is sought by nations suffering from legacies of human rights violations. The field of transitional justice stands on four main pillars: truth seeking, criminal justice, reparations and guarantees of non-recurrence. It promotes utilizing legal and non-legal mechanisms to achieve a transition to democracy and the mechanisms employed must relate to, at least, one of its pillars. Truth is considered substantial for transitions to happen. Revealing the truth is believed to be essential for reconciliation and promoting peace. However, in various experiences the truth did not lead to reconciliation and was widely distorted. The approach of the transitional justice …

Duty Bearer-Right Holder In Law Number 4 Year 2024 On Maternal And Child Welfare In The First Thousand Days Of Life Phase, Tiyas Nur Haryani

Jurnal Ekonomi Kependudukan dan Keluarga

Law No. 4 Year 2024 on Maternal and Child Welfare in the First Thousand Days of Life has been promulgated by the government of the Republic of Indonesia. The regulation guarantees the implementation and fulfilment of the needs of mothers and children in order to improve the quality of human resources. This article aims to map the duty-bearers-rights holders in the draft law on maternal and child welfare in the first thousand days of life. Analysing the position of maternal mothers is the main focus of this research, as maternal mothers are the main subjects in the draft law on …

The Cardozo Center For Public Service Law Invites You To: P*Law 2025, Cardozo Center For Public Service Law

2025 Event Invitations

Cardozo's commitment to public service is highlighted every January during Public Interest Law Advocacy Week (P*LAW), a series of events that includes daily panels and workshops featuring inspiring conversations about the practice of public interest law. Join us for P*LAW 2025, which will feature panels discussing immigration, LGBTQ+ rights, reproductive freedom, human rights, labor relations, and more.

Of Duty And Distress: Addressing Sea Slavery Through The Duty To Render Assistance, Austin Fullmer

International Law Studies

Sea slavery—men trapped in forced labor on board illegal, unreported, and unregulated (IUU) fishing vessels—exists across the world’s oceans. If confronted with sea slavery while conducting a boarding of a foreign-flagged IUU fishing vessel on the high seas, may a coastal State military officer free the victim? This article answers the question affirmatively, relying on the duty to render assistance under the international law of the sea. That duty requires all mariners who receive information that a person is in distress to proceed with all speed to assist the person in distress. In order to meet the definition of “distress,” …

Optimising The National Strategy For Progressive Employment Absorption To Ensure The Rights And Responsibilities Of Citizens In Indonesia, Rizda Ardyati, Afridah Ikrimah

Jurnal Civics: Media Kajian Kewarganegaraan

Indonesia is experiencing a demographic transition phenomenon. This can be seen from the results of the 2010 population census, which showed a positive trend in the productive age population, namely 15-64 years. In that year, the proportion reached 66% of the total population. The potential growth of Indonesia's productive population can be an engine of sustainable economic growth or a source of social conflict between classes in the future, if the government cannot handle this potential, it will become a problem related to fulfilling the rights of citizens to get decent work, because instead of being absorbed into the workforce, …

"Safe Third Country": Democratic Responsibility And The Ends Of International Human Rights, Paul Linden-Retek

Contributions to Books

Published as Chapter 3 in Lawless Zones, Rightless Subjects: Migration, Asylum, and Shifting Borders, Seyla Benhabib & Ayelet Shachar, eds.

The Eighth Amendment’S Paper Tiger: Pain, Executions, And The Cruel And Unusual Punishment Clause, Alexandra L. Klein

Scholarly Articles

The Eighth Amendment prohibits “cruel and unusual punishments.” This prohibition applies to the way states carry out executions: states may impose capital punishment but may not do so in a way that is unconstitutionally cruel. Over a trilogy of cases that began with Baze v. Rees in 2008, the Court developed a test for analyzing whether a state’s proposed method of execution violated the Eighth Amendment. Under Baze/Glossip/Bucklew, a person challenging a state’s method of execution must show that the method of execution poses a severe risk of “superadded” pain and suffering that can be alleviated by a readily …

Legalist Realism, Mark A. Drumbl

Scholarly Articles

This essay explores the scholarly footprint of Professor Megan Fairlie. This is a footprint of "legalist realism." Professor Fairlie was greatly concerned with legalism, in other words, the centrality of due process, the rights of the defendant, and human dignity in trials of individuals accused of the most heinous crimes. She was committed to put the law in international criminal law. And her view was one of realism, notably, that the structure of international institutions must be mindful of power politics, and expectations and ambitions ought to recognize the limitations and possibilities of politics in order to retain legitimacy and …

Introduction, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Christelle Molima Bameka, Mohamed Kamara, Mark A. Drumbl

Books and Chapters

This multi-disciplinary volume provides an innovative approach to children and violence, looking beyond the existing literature that focuses on child soldiers in the ‘Global South.’

Harnessing expert contributions from over a dozen countries, the book examines the relationship between children and violence, with a focus on children ensnared in military conflict, embroiled in criminal gangs, and enmeshed in political activism. It analyses how children join fights, how they fight, and what happens to them after fighting officially ends. It addresses cutting- edge issues such as cyberwars, self-defence, intergenerational trauma, gender fluidity, racism and state surveillance. Throughout, the book underscores the …

Children As Informers And Denouncers, In Children And Violence: Agency, Experience, And Representation In And Beyond Armed Conflict (Christelle Molima Bameka Et Al. Eds., 2025), Mark A. Drumbl, Barbora Holá

Books and Chapters

This chapter explores the use of children in propaganda and informing networks as forms of violence. While this chapter nests in 20th- century Communism in the Soviet Union and Czechoslovakia, the interface of children with these networks is not unique to these times and places. Indeed, these experiences link to those elsewhere, thereby elucidating the dually manipulated and agentic role of children in a regime’s fight for legitimacy and thereby blending with a number of contributions to this volume including those by Mohamed Kamara and Sylvie Bodineau. The point of this chapter is not to particularise (or pathologise) Soviet and …

Protecting Human Rights, Larry Herman, Richard Newcomb, John Boscariol

Canada-United States Law Journal

A panel discussion on protecting human rights through economic sanctions and supply chain due diligence.

Friday Luncheon Keynote, Isha Khan

Canada-United States Law Journal

No abstract provided.

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Ziada V. Netherlands: Accountability Of State Officials In The European Court Of Human Rights, Mckenzie Gallagher

Human Rights Brief

In 2014, a Dutch Palestinian man, Mr. Ismail Ziada, lost six close family members in an Israeli airstrike labeled “Operation Protective Edge,”—a seven weeklong military offensive, waged by the Israeli defense forces (“IDF”) in the Gaza Strip. The family’s home, which was destroyed as a result of the attacks, was situated within the Al-Burej refugee camp. Shortly thereafter, the United Nation General Assembly established these attacks on civilians and civilian infrastructure were orchestrated by senior military officials, and strongly indicated the acts constituted a commission of war crimes in violation of international humanitarian law, international human rights law, and international …