Human Rights Law Commons^™

Resource List, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Table Of Contents

Public Interest Law Reporter

No abstract provided.

Disbelief As Doctrine: People V. Addimando And Evidentiary Barriers To Justice In The Law Of Self-Defense, Rachel Still

Public Interest Law Reporter

No abstract provided.

Public Right Vs. Private Interest: The Role Of Corporate Entities In Eroding Free Expression, Jack Henry

Public Interest Law Reporter

No abstract provided.

Life, Liberty, And The Pursuit Of Insulin: America’S Deadly Pharmaceutical Profiteering Crisis, Elizabeth Hernandez

Public Interest Law Reporter

No abstract provided.

Did The Supreme Court Authorize Kidney Discrimination? An Analysis Of Marietta Memorial Hospital V. Davita Dialysis, Emily Miller

Public Interest Law Reporter

No abstract provided.

Reopening The Path To Accountability: Applying Martin V. United States To Ice Misconduct In Illinois, Saylor Pershing

Public Interest Law Reporter

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Calculated Ignorance: The Trump Administration’S Indifference To The Climate Crisis, Payton Fallick

Public Interest Law Reporter

No abstract provided.

Blockchain: A Practical Solution To Monitor Corporate Supply Chains, Gaige J. Graham

Wyoming Law Review

The persistence of human rights abuses within the Democratic Republic of the Congo (DRC)—particularly in the cobalt mining industry— underscore the failure of international labor protections and corporate due diligence. Despite the International Labor Organization and United Nations Guiding Principles on Business and Human Rights (Ruggie Principles), corporations continue to profit from child labor, forced labor, and unregulated artisanal mining. Existing accountability mechanisms, reliant on state enforcement and voluntary corporate compliance, have proven inadequate to address these labor issues. This Comment argues that blockchain technology offers a practical, scalable solution for supply chain transparency, capable of mitigating labor rights violations …

Damming Human Rights: The Lower Sesan 2 Dam, Shannon Eva Labuschagne

University of San Francisco Law Review

No abstract provided.

With Dignity For All: Human Dignity Reforms As “Win-Win” In Correctional Settings, Arthur L. Rizer

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

State Restrictions On Gender-Affirming Care: Implications For Transgender And Gender Nonconforming Children's Welfare, Yasmin Hubert

Mitchell Hamline Law Journal of Public Policy and Practice

No abstract provided.

Defeating Antisemitism In The World’S First Democratic Republic: The American Revolution And Jewish Legal And Political Equality, Paul Finkelman, Lance J. Sussman

Touro Law Review

At a moment when antisemitism is on the rise in the United States, we believe it is useful to consider how the American Revolution led to the first nation in the world where antisemitism was fundamentally contrary to the national constitution and Jews were entitled to full rights as citizens of the national government. As we explain in this article, during and after the Revolution, Jews were free to participate in all professions and general civic life, naturalize (if immigrants), vote, serve on juries, become lawyers and judges, become military officers, and attend universities. Jews had almost none of these …

Menguak Status Dan Legalitas Rupiah Digital Sebagai Legal Tender (Perspektif Teori Keadilan Bermartabat), Sylvia Setjoatmadja, Jeferson Kameo

Jurnal Hukum & Pembangunan

Digital technology and modern telecommunications have been and will continue to be key factors in the emergence of various innovative products. One such innovative product is digital currency, specifically Central Bank Digital Currency (CBDC). In Indonesia, advancements in digital technology and telecommunications have encouraged the government to issue a CBDC, which will be named Digital Rupiah. The initiative to issue Digital Rupiah also responds to global trends and the public's need for secure, efficient, and sustainable payment instruments.

However, the plan to issue Digital Rupiah is not without challenges, particularly regarding the clarity of its legal status as a lawful …

Having Fun Is Not As Hard When You Have An Arbitration Clause: The Current Benefits And Possible Changes To The Arbitration Agreements Of Amusement Parks And Recreational Resorts For Consumers, Cynthia Spitzer

Cardozo Journal of Conflict Resolution

This Note will evaluate options that are more favorable for consumers to bring their injury claims against amusement parks and recreational resorts when the route for resolution is limited by an agreement. For instance, the option of an arbitration agreement would be more preferable when faced with only the option of a liability waiver. However, with possible future changes of consumer contracts from the FAIR Act, opt-in provision, or mandatory arbitration imposed on the corporations, the route for resolution can drastically change and improve the realm of possibility for consumers of amusement parks and recreational resorts.

Countries As Laboratories: Reflections On Sierra Leone’S Amended Anti-Human Trafficking Law, Andrea L. Dennis

Scholarly Works

Sierra Leone’s improved anti-trafficking laws align with global norms, but enforcement remains weak due to socio-economic realities and Western deterrence mismatches, limiting effective prosecution despite recent legislative reforms.

Contract Or Prison, Sadie Blanchard

Journal Articles

Critics of the criminal enforcement system have condemned the expansion and privatization of electronic monitoring, criminal diversion, parole, and probation. But the astonishing perversion of contract involved in these new practices has gone unnoticed. Governments are turning to “offender-funded” programs that empower firms to contract with people who are suspected of or have been convicted of crimes— and whose alternative to agreeing to these contracts is prosecution or incarceration. Though incarceration-alternative (IA) contracting is sometimes framed as humane, historical and current context illuminates its coercive nature. IA contracting must be examined under classical contract theory and in light of the …

Crimes Against Humanity And Customary International Law, Leila Nadya Sadat

Scholarship@WashULaw

A draft text of a treaty on the prevention and punishment of crimes against humanity was finally sent to negotiations by the U.N. General Assembly on December 4, 2024, after six long years of advocacy by States and civil society. Questions remain, however, with regard to how crimes against humanity will be defined in the new treaty. On the one hand, some States have embraced a definition of crimes against humanity that tracks Article 7 of the Rome Statute of the International Criminal Court (“ICC”). Other States have rejected Article 7 as the basis for the new treaty, but theirs …

It’S Not Too Late For States Parties To Fulfill The Promise Of The International Criminal Court: Three Actions They Should Take Now, Leila Nadya Sadat

Scholarship@WashULaw

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created …

The Land Of Opportunity Zones: Where Opportunity Goes To Die, Hilana Said

American University Journal of Gender, Social Policy & the Law

What do a superyacht marina in West Palm Beach, Florida; the city in Minnesota that is home to the Mall of America; and a blighted East Harlem, New York, have in common? They are all opportunity zones. This may be a striking fact, considering the first two areas are affluent while the third is home to many low-income families with an average income for elderly citizens below twenty thousand dollars. The problem with the opportunity zones program, as we currently know it, is that it does not serve the right communities, and when it does, it is not always in …

Lost Innocence, Mateo Valdivieso

Honors Undergraduate Theses

Human trafficking is defined as involving “force, fraud, or coercion to obtain some type of labor or commercial sex act” (U.S. Department of Homeland Security). It disproportionately affects vulnerable populations, particularly children within the U.S. welfare system. This research aims to analyze the characteristics of this system that produce vulnerabilities in welfare children that heighten their risk of being trafficked. The study focuses on socio-economic, psychological, and environmental vulnerabilities, examining how these factors, combined with increased internet accessibility, exacerbate the risks of trafficking. Using a qualitative approach, the research uses secondary data from peer-reviewed journal articles, government reports, and reputable …

How Does The Modern Supreme Court Treat The Idea Of Retribution In The Context Of Capital Punishment?, Paige Forsberg

Honors Undergraduate Theses

This thesis explores the modern U.S. Supreme Court's treatment of retribution in the context of capital punishment, analyzing how justices have framed and justified the death penalty as a form of justice. Through the examination of key Supreme Court rulings and legal arguments, this study evaluates the evolving role of retribution in the Court’s decisions on death penalty cases, highlighting how judicial reasoning has shifted over time in response to legal, philosophical, and societal developments.

Retribution, long considered one of the primary justifications for capital punishment, is examined through a nuanced lens in this study. While historically viewed as a …

The Position Of The United States Of America Vis-A-Vis The Question Of Western Sahara: Assessing The Role Of Think Tanks In The Conflict, Hamid Baadeche

Graduate Theses, Dissertations, and Problem Reports (ETD)

ABSTRACT

The Position of the United States of America Vis-à-vis the Question of Western Sahara: Assessing the Role of Think Tanks in the Conflict

Hamid Baadeche

Think tank organizations, particularly in the United States, have become a prominent feature of the political landscape. They act as advocates for specific policies that they consider beneficial for the country or a particular societal group. They function as a primary source of information, which they then aim to transform into well-informed policies and sound decisions. They are referred to as "the revolving doors," "idea brokers," and "idea factory." As such, their foremost objective …

Anticolonial Rights Advocacy, Christopher M. Roberts, Michelle M. Ong

Cardozo International & Comparative Law Review

It is often asserted that human rights discourse and practice principally originated following the Second World War, or as late as the 1970s, and that human rights claims are inherently Western and liberal. None of these assertions are true. In fact, both rights-based critiques and rights claims were frequently articulated prior to the Second World War. They were articulated not only by Western liberals, but also by anticolonial advocates from every part of the world. This article explores anticolonial rights claims advanced between the end of the First World War and 1930. Rights claims were extensively made by numerous groups …

Book Review Of “Nuclear Weapons And International Law: Existential Risks Of Nuclear War And Deterrence Through A Legal Lens”, By Professor Charles J. Moxley Jr., John Kierulf

Cardozo International & Comparative Law Review

No abstract provided.

The Case For A New International Instrument On Copyright Limitations And Exceptions, Faith O. Majekolagbe

Cardozo Arts & Entertainment Law Journal

A new international instrument on copyright limitations and exceptions (L&Es) is pertinent to fostering education and research and enhancing the work of educational, research, and cultural institutions, including libraries, archives, and museums. The existing international instrument on L&Es, the Marrakesh Treaty, sits alone amongst many international copyright instruments for the protection of rightsholders, the Marrakesh Treaty only covering exceptions for print-disabled persons. There is currently no international obligation on countries to guarantee the interests of copyright users in education and research through a set of copyright limitations and exceptions. This has signficant negative effects on access to education and research …

Rectifying The Rome Statute And Draft Articles On Prevention And Punishment Of Crimes Against Humanity To Include The Slave Trade, Jocelyn Getgen Kestenbaum

Articles

The slave trade is commonly misperceived as a historical crime. Yet, the scourge of the slave trade is present throughout the world today. Combatting these ongoing atrocity crimes is essential to ensure that human rights are upheld by the international community. The crime of the slave trade fills an impunity gap, especially in light of recentharms perpetuated by the Islamic State of Iraq and Syria (ISIS) against the Yazidi in Iraq. Revitalization of the conceptualization of the slave trade as a crime under international law might ensure greater enforcement of one of the oldest core international crimes. Critical proposed amendments …

Recognition Policies, Self-Determination, And Access To Legal Redress For Indigenous Peoples In The United States, Australia, And Canada: A Comparative Study, Christian Zavardino

Cardozo International & Comparative Law Review

The note examines recognition policies and self-determination frameworks for Indigenous Peoples in the United States, Australia, and Canada, arguing that the U.S. federalist system of tribal recognition offers a potential model for addressing Indigenous rights in other countries, particularly Australia. It emphasizes the importance of international law, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), in guiding domestic policies and promoting Indigenous sovereignty.

Police Brutality As Democide In The United States: The Supreme Court’S Acquiescence To Police-Civilian Violence, Jillian Fantuzzi

Cardozo International & Comparative Law Review

"Never again" is a power phrase used by survivors, observers, scholars, and descendants of survivors when reflecting on the mass casualties of innocent civilians resulting from government methods, like Nazism, ethnic cleansing, communism, and genocide, to exterminate groups deemed different or less than. Many blame dictatorial regimes for these mass atrocities, making democracy appear as a sound solution due to its attractive system ofchecks and balances. However, where the government agents responsible for mass killings of unarmed civilians remain unchecked by the judiciary, the product is not democracy but "democide." This unchecked power serves as a method of persecution of …

Russia’S Foreign Agent Law And Its Consequences For Civil Society And Human Rights, Karen Gilkman

Cardozo International & Comparative Law Review

No abstract provided.