Human Rights Law Commons^™

Ogoni Activism And Access To Remedy: Business And Human Rights From The Bottom Up, Ayodeji Kamau Perrin

Faculty Scholarship

Do court victories result in social change? Can victories in court result in losses outside of court? If victories in court are no guarantee of victory outside of court, how much worse are court defeats? This Article explores these questions in part through analyzing Ogoni litigation against Royal Dutch/Shell. In 2002, Esther Kiobel and several co-plaintiffs tried to hold Royal Dutch/Shell accountable for its role in the death of Kiobel’s husband and for wider corporate abuses and related state human rights violations in Ogoniland. But in 2013, a unanimous United States Supreme Court held that the Alien Tort Statute (ATS) …

What's Next: How And Why States Strengthen Treaties Through Deepening Commitments, Joseph Maestas

Dissertations and Doctoral Documents, University of Nebraska-Lincoln, 2023–

States take many post-ratification actions with most designed to weaken the application of the treaty against the state. However, nearly all treaties offer ways for states to strengthen it: deepening commitments. Deepening commitments are optional post-ratification actions that allow a state to strengthen and shape implementation of the treaty. This dissertation examines deepening commitments through analysis the Convention on the Rights of the Child (CRC), the Rome Statute of the International Criminal Court (Rome Statute), and the Convention on Certain Conventional Weapons (CCW).

In Chapter 2, through a typology and process tracing cases, I argue that states influence international law …

Establishing Consent: The Role Of Women Representatives In Passing Informed Consent Laws, Sophia Stockham

Department of Political Science: Dissertations, Theses, and Student Research

What predicts the adoption of informed consent laws for pelvic exams within the United States? As of January 2023, 22 states have adopted informed consent laws for pelvic examinations on women, with eleven being under Democratic control, six being Republican control, and five with divided control between the legislature and gubernatorial level at the time of adoption. Little attention, however, has been given to women’s health mandates outside the issue of abortion and to variation among state partisan adoption regarding informed consent for pelvic exams. This paper examines the impact of partisanship, the percentage of women in the legislature, and …

The Persistent Public Health Emergency, Yael Zakai Cannon

Georgetown Law Faculty Publications and Other Works

May 11, 2023 was ostensibly a day of celebration. With infections and deaths from COVID-19 down, the federal government announced the end of the official Public Health Emergency three years after its initial declaration. But the conclusion of the Public Health Emergency also signaled the termination of unprecedented health protection measures—outside the realm of healthcare—such as eviction and utility shutoff moratoria and emergency rental and utility assistance. These COVID-era measures successfully cut eviction filings nationally by more than half and provided people in many jurisdictions with the protections and assistance needed to maintain their electricity, heat, water, and gas. Now …

Personal Data And Vaccination Hesitancy: Covid-19’S Lessons For Public Health Federalism, Charles D. Curran

Catholic University Law Review

During the COVID-19 vaccination campaign, the federal government adopted a more centralized approach to the collection of public health data. Although the states previously had controlled the storage of vaccination information, the federal government’s Operation Warp Speed plan required the reporting of recipients’ personal information on the grounds that it was needed to monitor the safety of novel vaccines and ensure correct administration of their multi-dose regimens.

Over the course of the pandemic response, this more centralized federal approach to data collection added a new dimension to pre-existing vaccination hesitancy. Requirements that recipients furnish individual information deterred vaccination among undocumented …

The Abolition Of Woman, Lynne Marie Kohm

Cardozo Journal of Equal Rights & Social Justice

The article argues that modern feminist jurisprudence, while initially aimed at advancing women's rights, has deviated from its original goals and now contributes to the erosion of the unique identity and value of women. This shift is evident in areas such as reproduction, gender fluidity, and motherhood, where legal and academic discourse increasingly deconstructs the concept of womanhood, leading to its potential abolition.

The Sentiments Of Drag Performers On Anti-Drag Legislation: A Thematic Analysis, Brian D. Briggs

Senior Theses

Since 2022, at least 21 states have considered, filed, or passed legislation with the goal of banning or limiting drag performances in public spaces or in the presence of minors. These pieces of legislation seek to suppress drag performances on the grounds that they appeal to sexual interests, and they even go as far as to claim that drag performers aim to groom and assault children at their performances. These claims are baseless and vastly misrepresent the true breadth of drag as a performance art and the positive messages it promotes, as well as suggest that bias against the LGBTQ+ …

Public Health Consequences Of Appellate Standards For Hostile Work Environment Claims, Lauren Krumholz

Washington Journal of Social & Environmental Justice

No abstract provided.

Forced To Bear The Burden And Now The Children: The Dobbs Decision And Environmental Justice Communities, Mia Petrucci

Washington Journal of Social & Environmental Justice

No abstract provided.

Pursuing The Exemption: The Makah's White Whale, Sarah Van Voorhis

Washington Journal of Social & Environmental Justice

No abstract provided.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …

Editor's Note, Shade Streeter, Reagan Ferris

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

International Law And The Israel/Hamas Conflict: A Focus On Ihl And The Icj Case Of South Africa V. Israel, Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Floersheimer Center For Constitutional Democracy

2024 Event Invitations

On January 26, the International Court of Justice (ICJ) issued a provisional measures order in the case of South Africa v. Israel. This case has been the focus of significant attention.

Join legal scholars with extensive backgrounds in international humanitarian and human rights law in discussing the legal implications of the ICJ’s role in the ongoing conflict.

Then They Came For Us: Access To Justice Harm And Opportunity For Our Transgender And Nonbinary Youth, Sarah Steadman

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

Transgender and nonbinary youth are under legislative and political siege as the latest victims in our nation’s culture wars. They are acutely aware of the hostility towards their existence and best interests, damaging their often already precarious well-being. There is a concerning risk they will associate biased and antagonistic lawmakers with our entire legal system, including legal service providers. Fear of encountering discrimination and bias leads targeted individuals to avoid accessing services. I fear that means too many among this generation transgender and nonbinary youth may avoid addressing their legal health needs as they age.

Consequently, the legal profession must …

Brandeis Center Presents: Post-October 7th Litigation, The Louis D. Brandeis Center For Human Rights Under Law

2023–2024 Flyers

No abstract provided.

The Overlooked Communities Of Forced Displacement In The United States: Humanizing The Relocation Of Indigenous Tribes In The Face Of Climate Change, Jennifer O'Rourke

University of Cincinnati Law Review

No abstract provided.

Casar Student Debate#4:"Should Men Be Allowed To Vote On Abortion Legislation?", The Prince Alwaleed Center For American Studies And Research Casar, Yasmeen El Ghazaly, Mark W. Deets

Performances, Events, and Presentations

Every semester, CASAR AUC holds miscellaneous student debates discussing the hot controversial topics in the US, Egypt and from around the world in hopes of raising awareness about these topics & broadening the perspectives of our students as they learn to engage in fruitful discussions as they share different opinion on the topic being deliberated.

At this CASAR Student Discussion event #4 in celebration of International Women's Day, an introduction was given about the historical context for enacting laws on abortion in Egypt & the US, then we watched a brief video where men in the US answered this very …

Affirmatively Furthering Health Equity, Mary Crossley

Brooklyn Law Review

Pervasive health disparities in the United States undermine both public health and social cohesion. Because of the enormity of the healthcare sector, government action, standing alone, is limited in its power to remedy health disparities. This article proposes a novel approach to distributing responsibility for promoting health equity broadly among public and private actors in the healthcare sector. Specifically, it recommends that the Department of Health and Human Services issue guidance articulating an obligation on the part of all recipients of federal healthcare funding to act affirmatively to advance health equity. The Fair Housing Act’s requirement that recipients of federal …

My Body, Whose Choice? A Case For A Fundamental Right To Bodily Autonomy, Miri Trauner

Brooklyn Law Review

In 2022, the US Supreme Court decided Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and the fundamental right to abortion it had established nearly fifty years prior. The Court’s decision threw into uncertainty the future of not only reproductive rights in this country, but also many other individual rights. At the same time as the decision, the world was still reeling from a global pandemic, and the development of COVID-19 vaccines had spurred widespread controversy over the constitutionality of vaccine mandates. Both advocates for abortion access and opponents to vaccine mandates shared a common cry: “my …

How Remote Support Technology Can Alleviate The Caregiver Shortage, Thomas Tarver

Marquette Benefits and Social Welfare Law Review

Since the COVID-19 pandemic, nearly every sector of the economy has struggled with workforce shortages, and one of the most severely impacted industries is the long-term care services industry. Indeed, this industry has historically been unable to attract and retain enough caregivers to meet the needs of its clients and the pandemic only exacerbated this problem. Those who rely on long-term care services are typically members of some of society’s most vulnerable populations such as frail elders and individuals with disabilities. Not having enough caregivers adversely affects these populations as care staff shortages are more likely to lead to abuse …

Safeguarding Silence: The Weaponization Of Nondisclosure Agreements And The Need For More Regulation, Johanna Shinners

Marquette Benefits and Social Welfare Law Review

With the surge of the #MeToo movement, the weaponization of Nondisclosure agreements in cases of sexual assault and harassment has been brought to the forefront. This comment discusses the use and laws of nondisclosure agreements (NDAs) in cases of sexual assault and sexual harassment, highlighting their role in silencing victims and shielding perpetrators from accountability and underscores the broader implications of NDAs in perpetuating a culture of silence. Emphasizing the prevalence of NDAs, this comment scrutinizes their misuse and explores the historical context, highlighting the intertwining of #MeToo movement and NDAs.

This comment compares State responses, exemplified by Washington, California, …

From Precedent To Policy: The Effects Of Dobbs On Detained Immigrant Youth, Ciera Phung-Marion

Washington Law Review

In June 2022, the United States Supreme Court released the historic decision Dobbs v. Jackson Women’s Health Organization, holding that the U.S. Constitution does not protect an individual’s right to an abortion. Dobbs overturned many cases, including J.D. v. Azar, which previously protected abortion rights for unaccompanied migrant youth in federal detention facilities. Post-Dobbs, the Office of Refugee Resettlement (ORR)—the agency responsible for caring for detained immigrant children—still protects abortion rights as part of its own internal policy. Without judicial precedent, however, this policy lacks the stability to truly protect the rights of the children in its …

Transformasi Dan Marginalisasi Masyarakat Adat: Suku Ata Modo Di Tengah Hegemoni Pengembangan Pariwisata Taman Nasional Komodo (Transformation And Marginalization Of Indigenous Communities: The Ata Modo Tribe's Experience Amidst The Hegemony Of Komodo National Park Tourism Development), Arif Putra Pratama, Avicenna Elang Chandra, Noor Risa Isnanto, An Nuur Khairune Nisa

The Indonesian Journal of Socio-Legal Studies

The massive development of tourism in Komodo National Park (KNP) has had a signi;icant impact on the local community there, in this case the Ata Modo Tribe. This tribe is a local tribe that has remained silent for a long time and was formed on Komodo Island long before the Komodo National Park was established. They have also lived side by side with the endangered Komodo dragon for decades and tried to maintain their culture and customs amidst the existence of KNP tourism development. This research tries to answer what cultural potential is still maintained by the Ata Modo Tribe, …

Throwing Tomato Soup At A Van Gogh: How Climate Activists Leveraged Legal Theory, Criminal Law, And Moral Outrage To Conduct A Radical Protest Campaign In The World's Most Famous Museums, Joe Udell

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Torts And Personhood, Melissa Mortazavi

Arkansas Law Review

Perhaps more so than ever, legal personhood is contested. Part I of this Article lays out an overview of existing tort theories exposing the limitations of existing paradigms. This positions the reader to consider in Part II the core assertion of this paper: that a fundamental role of torts is to define personhood. As such, it explores the idea that a principal project that each tort case and litigant is engaged with is not truly about money, property, or even pain per se—it is about determining who is seen.

The Interconnectedness Of The Classroom To The Health Of Black Men Who Have Sex With Men, Travis Hardee

Immigration and Human Rights Law Review

The human right to education and health are inherently interrelated, both key in ensuring the health and development of an equitable and just society.1 Yet, the series of bills currently threatening the inclusion of essential conversations about race, sexuality, and sexual orientation is an overt attempt to obscure the honest history of the United States and further supplant the current social hierarchy. The United States’ failure to acknowledge the essential role representational education plays in undermining the disparate outcomes that afflict vulnerable communities in the country deserves more attention than it has garnered. Here, the disparate health status of Black …

Anti-Abortion Authoritarianism: The Rise Of Restriction On Voting Rights And Free Speech Post-Dobbs, Emma Kalucki

Immigration and Human Rights Law Review

Following the Dobbs v. Jackson Women’s Health Organization decision, state governments have individually addressed abortion rights through legislation. Many Republican controlled state legislators have taken extreme authoritarian and harsh measures to push anti-abortion legislation; however, these measures, while addressing abortion rights, heavily infringe on basic human rights guaranteed to the American people. More specifically, the proposed amendment to Ohio’s State Constitution in August 2023 violated Ohioan’s essential voting rights and Idaho’s No Public Funds for Abortion Act blatantly infringes upon public university professor’s First Amendment freedom of speech.