Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (334)
- Comparative and Foreign Law (330)
- Criminal Law (316)
- Administrative Law (295)
- Criminal Procedure (294)
-
- Legal Education (290)
- Civil Law (289)
- Courts (289)
- Rule of Law (285)
- Natural Resources Law (281)
- Energy and Utilities Law (280)
- Conflict of Laws (278)
- Internet Law (277)
- International Trade Law (275)
- Business Organizations Law (274)
- Agriculture Law (273)
- Antitrust and Trade Regulation (273)
- Election Law (273)
- Air and Space Law (270)
- International Law (126)
- Civil Rights and Discrimination (98)
- Law and Society (76)
- International Humanitarian Law (63)
- Law and Politics (61)
- Law and Gender (56)
- Environmental Law (53)
- Immigration Law (53)
- Indigenous, Indian, and Aboriginal Law (49)
- Institution
-
- Universitas Indonesia (250)
- Seattle University School of Law (40)
- American University Washington College of Law (26)
- Yeshiva University, Cardozo School of Law (24)
- University of Miami Law School (19)
-
- Washington and Lee University School of Law (18)
- Saint Joseph University of Beirut (16)
- American University in Cairo (8)
- Northwestern Pritzker School of Law (7)
- Binghamton University (6)
- Saint Louis University School of Law (5)
- University of Cincinnati College of Law (5)
- College of Saint Benedict and Saint John's University (4)
- Florida International University College of Law (4)
- University of Washington School of Law (4)
- Beirut Arab University (3)
- Brooklyn Law School (3)
- George Fox University (3)
- Mercer University School of Law (3)
- Notre Dame Law School (3)
- Pace University (3)
- Schulich School of Law, Dalhousie University (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Michigan Law School (3)
- University of Rhode Island (3)
- William & Mary Law School (3)
- Brigham Young University Law School (2)
- Claremont Colleges (2)
- DePaul University (2)
- Fordham Law School (2)
- Keyword
-
- Human rights (20)
- Human Rights (8)
- Cardozo School of Law (7)
- International Law (5)
- Criminal justice reform (4)
-
- Human rights violations (4)
- ICJ (4)
- Legal education (4)
- National security (4)
- Eighth Amendment (3)
- European Court of Human Rights (3)
- European Court of Human Rights (ECtHR) (3)
- Homelessness (3)
- Human rights law (3)
- Immigration law (3)
- Inter-American Court of Human Rights (3)
- International Human Rights Law (3)
- International human rights law (3)
- International humanitarian law (3)
- International law (3)
- Law (3)
- PCLJ (3)
- Perlmutter Center for Legal Justice (3)
- Reform (3)
- Slavery (3)
- Wrongful Convictions (3)
- Abortion (2)
- African Charter on Human and Peoples’ Rights (2)
- Armed conflict (2)
- Artificial intelligence (2)
- Publication
-
- Jurnal Hukum & Pembangunan (242)
- Seattle University Law Review (30)
- Human Rights Brief (20)
- Proche-Orient, Études juridiques (16)
- Washington and Lee Journal of Civil Rights and Social Justice (14)
-
- University of Miami International and Comparative Law Review (10)
- American Indian Law Journal (9)
- 2025–2026 Flyers (8)
- Theses and Dissertations (8)
- Cardozo Law News Archive (7)
- Binghamton University Undergraduate Journal (6)
- 2026 Event Invitations (5)
- Immigration and Human Rights Law Review (5)
- Northwestern Journal of Human Rights (5)
- University of Miami Race & Social Justice Law Review (5)
- FIU Law Review (4)
- The Journal of Social Encounters (4)
- University of Miami Inter-American Law Review (4)
- BAU Journal - Journal of Legal Studies - مجلة الدراسات القانونية (3)
- Faculty Articles (3)
- Faculty White Papers (3)
- Journal Articles (3)
- Jurnal Konstitusi & Demokrasi (3)
- Mercer Law Review (3)
- Occasional Papers on Religion in Eastern Europe (3)
- Pace International Law Review (3)
- Scholarly Articles (3)
- Washington Law Review (3)
- All Faculty Scholarship (2)
- American University International Law Review (2)
- Publication Type
Articles 31 - 60 of 520
Full-Text Articles in Human Rights Law
Artisans De La Pensée Moderne Des Droits De L'Homme, Hommes Qui Ont Fait La Déclaration Universelle Des Droits De L'Homme, Charles Malik, Georges J. Assaf
Artisans De La Pensée Moderne Des Droits De L'Homme, Hommes Qui Ont Fait La Déclaration Universelle Des Droits De L'Homme, Charles Malik, Georges J. Assaf
Proche-Orient, Études juridiques
No abstract provided.
Le Champ De Compétence De La Cour Pénale Internationale, Doreid Becheraoui
Le Champ De Compétence De La Cour Pénale Internationale, Doreid Becheraoui
Proche-Orient, Études juridiques
No abstract provided.
Le Pacte Relatif Aux Droits De L'Enfant En Islam Et Son Éventuelle Ratification Par Le Liban, Nabil Maamari
Le Pacte Relatif Aux Droits De L'Enfant En Islam Et Son Éventuelle Ratification Par Le Liban, Nabil Maamari
Proche-Orient, Études juridiques
No abstract provided.
The Institutional Production Of Ethical War Across Modern Conflict, Katerina Udov
The Institutional Production Of Ethical War Across Modern Conflict, Katerina Udov
Binghamton University Undergraduate Journal
This paper argues that modern warfare operates through an ethical infrastructure that enables, rather than restrains, the use of violence. Contrary to the common assumption that moral frameworks such as Just War Theory function as safeguards against harm, the historical record shows that ethical language, humanitarian rhetoric, and democratic narratives serve as mechanisms to legitimize intervention, manufacture consent, and naturalize civilian suffering. Through case studies including Vietnam, Iraq, Afghanistan, U.S.-backed coups in Latin America, and French intervention in Mali, the paper traces how political leaders, media institutions, and corporate actors frame war as a moral necessity while pursuing strategic and …
From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu
From Vulnerability To Justice: Reframing Indigenous Disaster Recovery Through A Human Rights-Based Lens, Portia Ozioma Chigbu
Notre Dame Journal of International & Comparative Law
Indigenous populations regard their cultural identity as central to their way of life, and their traditional lifestyles often place them in remote areas, isolating them from mainstream society. This isolation creates a unique set of human rights challenges, such as limited access to healthcare, restricted political representation, housing insecurity, and poor living conditions, making them especially vulnerable compared to other groups. In the context of climate change and the rising frequency of natural disasters worldwide, these vulnerabilities become more protracted and intensified. Since Indigenous populations already face structural disadvantages before disasters strike, such events deepen their vulnerabilities, increase their risk …
Konstitusionalitas Kebijakan Penanaman Modal Asing Sebagai Penerapan Konsep Hak Menguasai Negara Menurut Uud Nri 1945, Rico Novianto, Satya Arinanto, Fatmawati Fatmawati
Konstitusionalitas Kebijakan Penanaman Modal Asing Sebagai Penerapan Konsep Hak Menguasai Negara Menurut Uud Nri 1945, Rico Novianto, Satya Arinanto, Fatmawati Fatmawati
Jurnal Konstitusi & Demokrasi
This article analyzes how the state position in foreign investment as an instrument for realizing public prosperity. Throughout the history of Indonesian governance, foreign capital has been a tool that can be used and has its own constitutional basis. However, if it is too large and the lack of adequate regulation of foreign investment to maintain the investment climate, it has become one of the causes of the economic and multidimensional crisis, especially around 1998 in Indonesia. In fact, the constitution has mandated an economic system based on the concept of state control, the principles of economic democracy, and the …
Women’S Participation In Middle Eastern Politics: Between Cultural Norms And Democratic Aspirations, Siham Abidi, Thomas Sheku Marah
Women’S Participation In Middle Eastern Politics: Between Cultural Norms And Democratic Aspirations, Siham Abidi, Thomas Sheku Marah
Journal Of Middle East and Islamic Studies
Women’s political participation in the Middle East remains shaped by the complex interaction of cultural norms, religious interpretations, and democratic reform processes. While existing scholarship has examined these factors extensively, limited attention has been devoted to explaining why women’s political participation varies across states with broadly similar socio-cultural and religious contexts. This study addresses this gap through a qualitative comparative analysis of Tunisia, Saudi Arabia, and Iran. Guided by Feminist Institutionalism and Political Opportunity Structure theory, the study draws on secondary data from peer-reviewed literature, legal documents, and policy reports. The findings demonstrate that women’s political participation is not determined …
Penolakan Penghapusan Kolom Agama Pada Kartu Tanda Penduduk: Krítík Terhadap Putusan Mahkamah Konstitusi Nomor 146/Puu-Xxii/2024, Krisna Bagas Purwopangestu, Nicholas Gerard Felix Simeone
Penolakan Penghapusan Kolom Agama Pada Kartu Tanda Penduduk: Krítík Terhadap Putusan Mahkamah Konstitusi Nomor 146/Puu-Xxii/2024, Krisna Bagas Purwopangestu, Nicholas Gerard Felix Simeone
Jurnal Konstitusi & Demokrasi
This article examines the Constítutíonal Court (MK) Decisíon No. 146/PUU–XXII/2024 which rejected the request to delete the religion column on the Identity Card (KTP). The Decision affirms that every Indonesian citizen must declare their religion or belief in God as expected by Pancasila and the constitutional mandate. The Constitutional Court stated that “not having a religion or belief in God cannot be considered as freedom of religion”. The Constitutional Court Decision has revived the dispute on the urgency of including religion identity on the KTP, especially about the relation between administrative requirements, the legal system of Indonesia, and protection of …
Reorientasi Kebijakan Pelindungan Anak Terhadap Adiksi Internet Dalam Perspektif Pemenuhan Hak Konstitusional Di Indonesia, I Kadek Agus Aditya Firmantara, Bagus Hermanto
Reorientasi Kebijakan Pelindungan Anak Terhadap Adiksi Internet Dalam Perspektif Pemenuhan Hak Konstitusional Di Indonesia, I Kadek Agus Aditya Firmantara, Bagus Hermanto
Jurnal Konstitusi & Demokrasi
This article examines the paradigm shift in child protection policy in the digital environment through Government Regulation Number 17 of 2025 concerning the Governance of Electronic System Providers for Child Protection (PP TUNAS) from the perspective of fulfilling children's constitutional rights in Indonesia. The study is motivated by the increasing use of the internet by children, which not only exposes them to risks such as harmful content, sexual exploitation, and misuse of personal data, but also creates the risk of internet addiction that may adversely affect children's health, education, and overall development. Despite these concerns, internet addiction has not been …
Gender Perspective(S): Lessons From International Human Rights Law To Defend Against Pregnancy Related Prosecutions, Megan Osadzinski
Gender Perspective(S): Lessons From International Human Rights Law To Defend Against Pregnancy Related Prosecutions, Megan Osadzinski
Northwestern Journal of Human Rights
The criminalization of pregnancy outcomes—such as miscarriages, abortion, obstetric emergencies, and stillbirth—is a violation of fundamental human rights guarantees; including the right to a fair trial when read in conjunction with the right to equality and the right to health. This article outlines state obligations under international human rights law toward women charged in pregnancy prosecutions, translating them into national criminal defense strategies using a gender perspective. Using intersectional theory, this article calls for the use of a gender perspective to challenge such prosecutions as unlawful gender-based discrimination and a gendered violation of due process, using the case study of …
Comparative Analysis Of Freedom Of Thought, Conscience, And Religion In India, Pakistan, And Bangladesh, Abhishek Chakrabarti
Comparative Analysis Of Freedom Of Thought, Conscience, And Religion In India, Pakistan, And Bangladesh, Abhishek Chakrabarti
Northwestern Journal of Human Rights
The freedom of thought, conscience, and religion is a fundamental human right enshrined in Article 18 of The Universal Declaration on Human Rights (UDHR). However, religious minorities in South Asia are often deprived of this fundamental right. Muslims in India, Ahmadiyyas, Hindus, and Christians in Pakistan, and Hindus in Bangladesh face challenges including educational marginalization, economic and political marginalization, and social stigma in the society. The Note presents a comparative analysis of the freedom of thought, conscience, and religion across the three most populous countries in South Asia–India, Pakistan, and Bangladesh–that also share a long cultural, linguistic, and religious history. …
Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati
Le Rôle Du Juge Constitutionnel Libanais Dans La Sauvegarde Des Droits Processuels Fondamentaux, Salim Jreissati
Proche-Orient, Études juridiques
No abstract provided.
Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry
Bleeding Into Human Rights Law: The Need For A Special Procedure On The Right To Menstrual Health, Hunter Tarry
BYU Law Review
Menstruation, a fundamental biological process experienced by nearly half of the global population, remains shrouded in stigma and silence despite its critical role in sustaining human life. Many women and girls face inadequate menstrual health management and education, undermining their ability to experience a full range of human rights. While menstruation has gained increased public visibility in recent years, the United Nations (UN)—the cornerstone of the global human rights system—has been slow to meaningfully integrate this issue into its agenda. The time is now for the UN to formally recognize menstrual health as a human right by advancing global advocacy …
Humanitarianism Through Alan Kurdi Photograph: A Discourse Of Governing Suffering, Nada Mahmoud
Humanitarianism Through Alan Kurdi Photograph: A Discourse Of Governing Suffering, Nada Mahmoud
Theses and Dissertations
Humanitarianism has become one of the powerful languages of modern times, in which compassion, ethics, and moral obligations are mediated to alleviate suffering. This thesis investigates humanitarianism not exclusively on the basis of its moral sentiments but on its functioning as a system of power that governs people’s conduct. It examines how different technologies of power feed into the operationalization of humanitarianism to transform it into a system for governing suffering. By decoding the elements of its power, the thesis aims to understand humanitarian reason through the humanitarian loop, from generating knowledge, categorization and representation, to the legal and normative …
How Disability Inclusion Shapes Student Experiences In Egyptian Public Universities, Ramez Maher
How Disability Inclusion Shapes Student Experiences In Egyptian Public Universities, Ramez Maher
Theses and Dissertations
The inclusion of students with disabilities in higher education is a critical aspect of equity, social justice, and human rights, particularly in Egypt, where systemic barriers continue to hinder access to education for this demographic. Despite the enrollment of approximately 19.4 million students in 2018, only 38,135 students with disabilities were admitted, highlighting the significant challenges they face in accessing higher education. Through a qualitative approach employing reflexive thematic analysis, this study explores the interplay of institutional policies, cultural attitudes, and accessibility challenges that affect the educational experiences of students with disabilities in Egyptian public universities. The analysis of 21 …
One Step Further: An Overview Of Canada’S Past And Present Responses To Homelessness And The Argument For Alternative Conceptions Of Property Ownership, Logan Billard
Dalhousie Journal of Legal Studies
Homelessness in Canada continues to worsen year after year. Despite the shift from punitive, neoliberal policies to a human rights-based model, homelessness remains a national crisis. Federal initiatives like the National Housing Strategy Act and the Housing First Model aim to provide stable housing, but their impact remains limited. This paper explores the structural factors contributing to homelessness, including poverty, housing financialization, and systemic discrimination, particularly against Indigenous communities. It also highlights the limitations of the current human rights-based approach, focussing on the lack of enforceability and failure to create substantial, sustainable change due to systemic reliance on the financialization …
The Non‑Penalization Machine: Mixed Movements In A Security‑Driven European Border Order, Raghda Elessawy
The Non‑Penalization Machine: Mixed Movements In A Security‑Driven European Border Order, Raghda Elessawy
Theses and Dissertations
This thesis investigates how the non‑penalization principle for irregular border crossing is formally upheld yet effectively undermined in contemporary migration governance. It argues that non‑penalization now operates as a narrow, conditional and status‑dependent “machine” whose protections are fragmented across refugee, smuggling and trafficking regimes and heavily mediated by open‑textured conditions and domestic discretion. Part I reconstructs this doctrinal architecture, showing how key norms convert a humanitarian intuition into limited exceptions within a legal order that otherwise normalizes the criminalization of irregular movement. Part II situates this fragile framework within security‑driven and externalized forms of European border control, where punishment is …
Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko
Rethinking International Armed Conflict: Legal Challenges In The Age Of Hybrid Warfare, Oleksandr Havryshuk, Roman Hryshchenko
Brooklyn Journal of International Law
The binary classification of armed conflicts under international humanitarian law (IHL) — distinguishing international armed conflicts (IACs) from non-international armed conflicts (NIACs) — was forged in the aftermath of World War II and increasingly fails to capture the realities of twenty-first century warfare. Hybrid tactics, cyber operations, the proliferation of private military companies (PMCs), the expanding role of non-state actors, and the near-disappearance of formal declarations of war have eroded the analytical utility of the existing framework, generating legal uncertainty and weakening protections for affected populations. This Article critically examines the conceptual foundations of IAC as set out in Common …
Navigating The Legal Waters Of Privatized Commodities And Human Rights: An Exploration Of The Tension Between Water As A Human Right And Water As Investment Property Under International Law, Ella Capen
Brooklyn Journal of International Law
This Note examines the clash between domestic law and international law within the context of Chile’s 2022 modification to the 1981 Water Code as the country transitions from treating water as a privatized commodity to water as a public good. Chile’s 1981 Water Code emerged against the backdrop of a neoliberal economic regime and privatization scheme enabled by the United States and enforced by dictator Augusto Pinochet. This Note reveals the potential difficulties in unraveling established economic and legal foundations, and the conflicts between bilateral investment treaties and local legislation that mutually govern property rights. By examining Chile’s domestic Law …
Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith
Beyond Liberal Apologies, Toward Abolitionist Trans Politics, Koda Sokol, Kaden Paulson-Smith
Journal of Feminist Scholarship
In the wake of Trump’s second election, the liberal fantasy of a benevolent state reared its head: the right policy, politician, or police officer will end anti-trans oppression. This article heeds the warning from generations of abolitionists before us that violence is not a defect of the state but endemic to it. By consequence, reforms that strengthen the state by expanding avenues for criminalization, resourcing the police, and incorporating more people into the military further jeopardize those subject to premature death, trans or otherwise. The current U.S. political regime’s overt cruelty provides an opening for widespread reckoning with the state’s …
Advocacy Matters, Richard Collins
Advocacy Matters, Richard Collins
American Indian Law Journal
The Supreme Court’s 2022 Castro-Huerta decision was wrong on the points it discussed. It was doubly wrong for a reason it ignored. But the latter error was shared because all briefs and the dissenting opinion ignored it as well. The question presented was whether a nineteenth-century federal Indian country statute provided for exclusive federal jurisdiction over interracial crimes, or for concurrent authority with states. The Court held that the statute allowed concurrent jurisdiction. But it ignored the fact that Congress and the Court, until fairly recently, avoided concurrent federal-state jurisdiction over crimes. Had the self-styled originalist Justices taken their theory …
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
Stability At Stake: The Effects Of Overturning Chevron On Indian Gaming, Evan Callahan
American Indian Law Journal
The Supreme Court’s decision in Loper Bright to overturn Chevron Deference marks a significant change in administrative law and could have drastic consequences for the regulation of Indian gaming in the United States. This Note explores the implications of such a shift, emphasizing the importance of maintaining stability in the highly regulated gaming industry. Many stakeholders, including operators, investors, regulatory agencies, and patrons, may face significant uncertainty without doctrines such as Chevron Deference. Without agency expertise in interpreting statutes, the Court may instead directly influence the regulation of Indian gaming in the United States, presenting challenges and uncertainties for all …
Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson
Tribal Nations As Lords Of The Fee: A Common Law Argument For Tribal Discretion In Spending Federal Forfeiture Funds, Kent A. Anderson
American Indian Law Journal
Federal criminal forfeiture is a powerful tool meeting at the nexus of criminal law and property law. Courts justify its use based on its English common law history. After seizing and selling assets, the federal government doles out payments from its Assets Forfeiture Fund to cooperating law enforcement agencies through equitable sharing agreements that bind recipients to use funds for law enforcement purposes. Tribal Nations have compelling legal and policy arguments for their entitlement to greater access to and discretion over forfeiture funds obtained through seizures in Indian country. These legal arguments are grounded in: (1) federal criminal forfeiture’s failure …
September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser
September 2024 – August 2025 Case Law On American Indians, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
Reading Between The Treaties: Why The Supreme Court Must Honor The Indian Canons Of Construction, Amelia R. Wimmer
American Indian Law Journal
This Note critically examines the Indian canons of construction as interpretive tools employed by the United States Supreme Court in cases involving treaties and statutes with Tribal Nations. Ultimately tracing their origins to Worcester v. Georgia, this Note explores how the Indian canons were designed to protect tribal sovereignty, ensure the liberal construction of ambiguous provisions in favor of tribes, and prevent the abrogation of tribal land and rights. Shifts in interpretive philosophy and the rise of textualism have led to a checkered application of the Indian canons across courts. However, a continued application of the Indian canons is necessary …
The Federal Trust Responsibility And Special Domestic Violence Criminal Jurisdiction: Restoring Justice In Tribal Nations , Sofia Sallas
American Indian Law Journal
Special Domestic Violence Criminal Jurisdiction (SDVCJ), enacted through the Violence Against Women Act, was designed to address jurisdictional gaps that long allowed non-Indian perpetrators of domestic violence in Indian Country to evade accountability. Yet despite restoring Tribal authority, SDVCJ remains significantly under-implemented. This Note argues that this failure is not merely a policy shortcoming, but a legal one. Congress restored Tribal criminal jurisdiction while conditioning its exercise on federal funding, coordination, and institutional support. Federal agencies, however, have failed to provide the consistent infrastructure necessary for SDVCJ to function in practice. These failures breach the federal trust responsibility, which imposes …
حقوق الإنسان في مناهج كليات الحقوق العراقية, وصفي الشرع
حقوق الإنسان في مناهج كليات الحقوق العراقية, وصفي الشرع
Proche-Orient, Études juridiques
No abstract provided.
فلسفة حقوق الإنسان في الكليات الإسلامية في العراق: الإمكان والواقع, عبد الأمير قاسم زاهد
فلسفة حقوق الإنسان في الكليات الإسلامية في العراق: الإمكان والواقع, عبد الأمير قاسم زاهد
Proche-Orient, Études juridiques
No abstract provided.
مفاهيم حقوق الإنسان في البرامج الدراسية الحوزة العلمية في النجف الأشرف, حسن بحر العلوم
مفاهيم حقوق الإنسان في البرامج الدراسية الحوزة العلمية في النجف الأشرف, حسن بحر العلوم
Proche-Orient, Études juridiques
No abstract provided.