Human Rights Law Commons^™

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.

Human Rights Recommendations To The United States: A Desk Reference For State And Local Human Rights Agencies, Human Rights Institute

Human Rights Institute

State and local human rights and human relations agencies play a pivotal role in promoting and protecting human rights across the country. Indeed, state and local agencies work on a daily basis to foster equality and eradicate discrimination. Through education, monitoring, and addressing human rights issues, they ensure the ability of the United States to make human rights a reality in local communities.

To assist state and local agencies in doing this work, this resource distills the core human rights principles that fall under the jurisdiction of many state and local agencies, and offers guidance to strengthen the culture of …

Nurturing Wings Or Clipping Them Off: The Philippine Approach To Female Labor Migration And A Potentially Redeeming Role For The Commission On Human Rights, Emily Sanchez Salcedo

Center for Business Research and Development

The large-scale migration of Filipino workers started in the 1970’s as inadequate local employment and livelihood opportunities pointed to overseas opportunities in the booming economy of oil-rich countries in the Middle East. Though initially dominated by male construction workers and seafarers, female migrant workers, mostly in the health care professions, in domestic services and in the entertainment industry, followed suit and, in the most recent available statistical report, have even slightly outnumbered the men. As of the end of 2014, 50.43% of the 2.32 million overseas Filipino workers are women. Collectively, these overseas workers sent about 27 billion dollars in …

Address: The Civil Rights Approach To Campus Sexual Violence, Nancy Chi Cantalupo

Faculty Scholarship

No abstract provided.

Obama’S National Security Exceptionalism, Sudha Setty

Faculty Scholarship

This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …

The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A. H. Miller

Faculty Scholarship

No abstract provided.

Alabama’S Dmv Closures Reinforce Need To Restore The Voting Rights Act, Lauren Carasik

Media Presence

No abstract provided.

Bringing Human Rights Home: The Birmingham Mayor's Office Human Rights Dialogue, Human Rights Institute, Office Of The Mayor Of The City Birmingham

Human Rights Institute

Human rights begin close to home. Local governments have jurisdiction over a range of human rights issues, including those related to housing, education, employment, and criminal justice. Indeed, local agencies and officials are essential to the promotion and protection of human rights in the United States. They work every day to create conditions under which all communities can flourish. Mayors are particularly well-situated to advance human rights and build a culture of human rights based on dignity, freedom from discrimination, and opportunity.

The Second Rodney King Trial: Justice In Jeopardy?, Robert C. Gorman

Akron Law Review

This Comment will trace the roots of the Double Jeopardy Clause of the U.S. Constitution and provide a detailed look at the development of the dual sovereignty doctrine. After this overview, it will analyze the historical, legal and policy arguments advanced by supporters and opponents of the doctrine. It will examine proposals for altering or abolishing the doctrine. Finally, in light of the underlying analysis, it will revisit the Rodney King case and examine whether the defendants' second trial - or any successive prosecution - is justified.

Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik

Media Presence

No abstract provided.

Unmistakably Clear: Human Rights, The Right To Representation, And Remedial Voting Rights Of People Of Color, Matthew H. Charity

Journal of Race, Gender, and Ethnicity

No abstract provided.

Federal Outreach And Mechanisms To Ensure Human Rights Implementation And The Federal, State And Local Levels, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

The United States has repeatedly affirmed that state and local governments are vital to comprehensive human rights implementation within and throughout the country. During the 2010 UPR, the Legal Adviser to the U.S. State Department emphasized that “the best human rights implementation combines overlapping enforcement by ... the federal government working together with state and local partners.” Indeed, state and local authorities are on the front lines of addressing key human rights issues, including housing, employment, criminal justice and education. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human …

The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman

Georgia Journal of International & Comparative Law

No abstract provided.

Equality And The European Union, Elizabeth F. Defeis

Georgia Journal of International & Comparative Law

No abstract provided.

The Need For Comprehensive Federal Outreach And Mechanisms To Support State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

Compliance with the Convention Against Torture (“CAT”) requires effective federal coordination with, and education of, state and local governments. In ratifying the CAT, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also includes the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …

The Need For Effective Federal Outreach And Mechanisms To Coordinate And Support Federal, State And Local Implementation Of The Convention, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

As this Committee has consistently recognized, compliance with the CERD requires effective coordination between federal, state, and local governments. In ratifying the CERD, the United States indicated that state and local governments share authority to implement the treaty. This includes the over 150 state and local civil and human rights agencies that enforce federal, state and local human and civil rights laws and/or conduct research, training and education, and issue policy recommendations within the United States (“Human Rights Agencies”). It also encompasses the full array of state and local officials with decision-making and enforcement authority, including governors, state attorneys general, …

The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

This article investigates the right to food in Venezuela under President Hugo Chávez (1999-2013). It argues that although Chávez respected the right of (especially poor) Venezuelans to food, he failed to protect that right at the same time as he tried to fulfill it. In the short term, he fulfilled the right to food by establishing state-run stores where food could be purchased at a substantial discount, and by imposing price controls on food. At the same time, however, he reduced the supply of food by undermining property rights, expropriating large-scale farms and ranches as well as some wholesale and …

Genetics, Race And Substantive Due Process, Christian B. Sundquist

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Men And Boys And The Ethical Demand For Social Justice, Samuel Vincent Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Making The World In Atlanta's Image: The Student Nonviolent Coordinating Committee, Morris Abram, And The Legislative History Of The United Nations Race Convention, H. Timothy Lovelace

Articles by Maurer Faculty

No abstract provided.

The First Amendment: Religious Freedom For All, Including Muslims, Asma Uddin

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Violating Due Process: The Case For Changing Texas State Trafficking Laws For Minors, Cristina M. Becker

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Young Sex Offender Debacle: The Continued Need For Changes To Juvenile Sex Offender Registry Requirements, Samantha Brewster-Owens

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

A Justified Obligation: Counsel’S Duty To File A Requested Appeal In A Post-Waiver Situation, Lauren Gregorcyk

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Closing The Gap: The Federal Role In Respecting & Ensuring Human Rights At The State And Local Level, Human Rights Institute, International Association Of Official Human Rights Agencies (Iaohra)

Human Rights Institute

This report offers an overview of the domestic landscape for human rights implementation and recommends action the United States must take to respect and ensure Covenant rights at the state and local level. This information responds directly to questions posed by the Human Rights Committee as part of the fourth periodic review of the United States, and offers a more complete picture of how the lack of institutionalized support impacts state and local governments. The report further describes a number of promising state and local human rights initiatives and details the myriad barriers that impede more comprehensive and effective state …

Firearms Policy And The Black Community: An Assessment Of The Modern Orthodoxy, Nicholas J. Johnson

Faculty Scholarship

The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And when delta share cropper Hartman Turnbow, after a shootout with the Klan, said “I don’t figure I was being non-nonviolent, (yes non-nonviolent) I was just protecting my family”, he was invoking an evolved tradition that embraced self-defense and disdained political …

Tribal Rights, Human Rights, Kristen A. Carpenter, Angela R. Riley

Publications

No abstract provided.

Bringing Human Rights Home: How State And Local Governments Can Use Human Rights To Advance Local Policy, Human Rights Institute

Human Rights Institute

State and local governments play an essential role in promoting and protecting human rights. Within the United States, agencies and officials at the municipal, city, county and state levels can help fulfill human rights by ensuring dignity, equality and opportunity for everyone in their jurisdiction.

Recognizing the value of human rights, state and local agencies and officials across the United States are incorporating international human rights standards in their daily work. As illustrated by examples throughout this report, integrating human rights into local law, policy and practice can enhance government decision-making and respond directly to local needs. It also allows …

Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe

Human Rights & Human Welfare

Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …

A Comparative Analysis Of The Transitional Effect Of Democratic Regime Change On Human Rights Development, Alana Mcelhinney

Political Science Theses and Capstones

It has been a long-standing topic of discussion within the field of political science on the extent to which the establishment of democratic regime characteristics influences the development of human rights. While there is considerable research in the areas of democracy and human rights, what the literature lacks is research towards the growth of democratic regime characteristics being causal to the development of human rights practices. This analysis shows that a transition in democratic regime characteristics is directly linked to the development of human rights. After completing case-study analysis and developing causal theory I take data from the years 1981 …