Human Rights Law Commons^™

Rethinking Conspiracy Jurisdiction In Light Of Stream Of Commerce And Effects-Based Jurisdictional Principles, Alex Carver

Vanderbilt Law Review

For decades, some courts have been willing to exercise personal jurisdiction over nonresident defendants based solely on the forum contacts of their coconspirators. This practice, termed "conspiracy jurisdiction," has proven controversial among courts and commentators alike. On one hand, the actions of one member of a conspiracy are ordinarily attributable to other members of the conspiracy, and jurisdiction-conferring acts should arguably be no exception. On the other hand, attributing forum contacts from one actor to another based solely on their joint membership in a civil conspiracy seems to stretch due process protections to the breaking point. This Note provides new …

On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes

College of Arts & Sciences Senior Theses

The purpose of this thesis is to investigate the politics and conceptualization of gender in Thailand, drawing specifically on the Thai understanding of sex and gender with regard to the kathoey population. This work considers the solidification of a third-gender category and looks to the ways this solidification can inhibit the fluidity of gender and sexuality. It also analyzes the dangers of transnational advocacy and the superimposition of Western queer advocacy and theory on Thai gender identities. I approach this issue from an interdisciplinary framework that seeks to include historical, cultural, and theoretical perspectives. In examining anthropological research, critiques of …

Beyond Bad Apples: Adopting Sentinel Event Reviews In Nevada's Criminal Justice System, Beatriz Aguirre

Nevada Law Journal

No abstract provided.

Esan V.The Attorney General (Appeal No. 96/2014) [2016] Zmsc 255, Nicholas Kahn-Fogel

SAIPAR Case Review

No abstract provided.

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …

Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt

Texas A&M Law Review

Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but this time, its victim of …

Restraining Forced Marriage, Lisa V. Martin

Nevada Law Journal

No abstract provided.

Reconsidering Selective Conscientious Objection, Andrew J. Haile

University of Richmond Law Review

In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …

The Right Of Early Access To Criminal Legal Aid In Indonesia: Clear Rule, Clearer Violations, Maxwell Abbott

Indonesia Law Review

This article will examine the right of early access to criminal legal aid in Indonesia, both in theory and in practice. In theory, the right of early access to criminal legal aid (the Right) is clear and firmly established in Indonesian law and international law which applies to Indonesia: individuals under arrest or in detention are entitled to receive legal aid at all stages of the criminal justice process. Therefore, law enforcement may not deny or delay a suspect’s access to a lawyer during the initial procedural stages of arrest, investigation and detention. This article will argue that the Right …

Between Public And Communal Interests: A Legality Issue Forced Evictions Occuring In Jakarta, Erna Dyah Kusumawati

Indonesia Law Review

Forced evictions are considered as a “global epidemic” since they occur in several countries regardless of the states’ development level. The private ownership issues and the development issues are examples of rationales behind forced evictions. Under the human rights regime, states are obliged to refrain from any eviction, moreover, the states are required to adopt measures preventing forced evictions from happening or provide the victims with legal mechanisms to challenge the policies if evictions occur. International law prohibits forced evictions and offers a guideline for forced eviction triggered by development. This paper will investigate the legality of forced evictions happening …

Human Trafficking And Local Law Enforcement, Elizabeth Chesbrough

Honors Projects

“To protect our kids, we’ve given law enforcement new tools to fight human trafficking (Brett Guthrie).” Though Brett’s hopeful sentiment portrays a police force that is ready to battle the epidemic of modern day slavery, research has shown that local officers are sorely uneducated on the subject. The main focus of this paper is the link between the prevalence of human trafficking in the U.S. and the lack of local law enforcement training on the issue. The first section will be a brief overview of human trafficking, defining and discussing a few relevant details about it first. Next, I will …

The Uses Of Truth: Rapporteur Notes, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Reports & Policy Submissions

These rapporteur notes summarize key themes and discussions from The Uses of Truth, a convening co-hosted by the Cardozo Law Institute in Holocaust and Human Rights (CLIHHR), focusing on truth-telling, accountability, and justice in post-conflict societies. The document captures the perspectives of scholars, advocates, and practitioners exploring the legal, political, and moral dimensions of truth in human rights work.

A Right To Universal Health Coverage In Resource-Constrained Nations? Towards A Blueprint For Better Health Outcomes, Uchechukwu Ngwaba

The Transnational Human Rights Review

Universal health coverage, as conceived by the World Health Organization (WHO) and adopted in the programmatic framework of the Sustainable Development Goals (SDGs), is a clarion call for states to strengthen their health financing systems to avoid catastrophic and impoverishing health spending. However, the framing of the goals of universal health coverage fails to take account of underlying determinants of health and appears to abandon decades of health rights scholarship and jurisprudence. This scholarship and jurisprudence, although not entirely free from disagreements and shortcomings, is argued to offer a better framework for universal health coverage when strengthened with the paradigm …

Deprivation Of Nationality As A Counter-Terrorism Tool: A Comparative Analysis Of Canadian And Dutch Legislation, Tom Boekestein

The Transnational Human Rights Review

No abstract provided.

Economic Wrongs And Social Rights: Analyzing The Impact Of Systemic Corruption On Realization Of Economic And Social Rights In Kenya And The Potential Redress Offered By The Optional Protocol To The International Covenant On Economic, Social Rights And Cultural Rights, Caroline Omari Lichuma

The Transnational Human Rights Review

No abstract provided.

The Predictors Of Juvenile Recidivism: Testimonies Of Adult Students 18 Years And Older Exiting From Alternative Education, La Toshia Palmer

Dissertations

Purpose: The purpose of this descriptive, qualitative study was to identify and describe the importance of the predictors of juvenile recidivism and the effectiveness of efforts to prevent/avoid juvenile recidivism as perceived by previously detained, arrested, convicted, and/or incarcerated adult students 18 years of age and older exiting from alternative education in Northern California. A second purpose was to explore the types of support provided by alternative schools and the perceived importance of the support to avoid recidivism according to adult students 18 years of age and older exiting from alternative education.

Methodology: This qualitative, descriptive research design identified …

A Human Rights Code Of Conduct: Ambitious Moral Aspiration For A Public Interest Law Office Or Law Clinic, Lauren E. Bartlett

St. John's Law Review

(Excerpt)

Part I of this Article argues that the lack of moral aspiration in legal ethics rules helps contribute to unhappy and unhealthy law students and lawyers, undermining the legal profession. Part II reviews the existing rules and standards that guide the ethical behavior of lawyers in the United States, arguing that all too often the binding rules focus on providing guide posts, signaling where behavior is unacceptable and disciplinary action is possible, instead of providing moral aspiration and options or next steps to describe what a lawyer should do to deal with an ethical dilemma.

Part III of this …

Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer

Publications and Research

Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events …

The Role Of Reconciliation Institute In The Protection Of Human Rights, B Yarashev

ProAcademy

In the article, the basic prin ciple s o f re con cilia tio n institute a n d hum an rights p ro te c tio n o f this institute a re discussed. M o reo ve r, in re cen t years, o u r legislation has o ffe re d le g a l e valu a tion fo r the re con cilia tio n institution as o n e o f the stages o f the crim in a l justice liberalization.

The Role Of Reconciliation Institute In The Protection Of Human Rights, B Yarashev

ProAcademy

In the article, the basic prin ciple s o f re con cilia tio n institute a n d hum an rights p ro te c tio n o f this institute a re discussed. M o reo ve r, in re cen t years, o u r legislation has o ffe re d le g a l e valu a tion fo r the re con cilia tio n institution as o n e o f the stages o f the crim in a l justice liberalization.

The Grand Maple Dream: Fulfilled, Fading Or Failed?: Filipino Women Nurses In Manitoba And Their Struggles Against Harassment And Discrimination, Emily Sanchez Salcedo

Center for Business Research and Development

The Philippines is a tiny archipelago in Southeast Asia with over one hundred million people wallowing in a third world economy kept afloat for decades by Overseas Filipino Workers (OFW). In 2017, OFWs collectively sent home cash remittances amounting over $28 billion—roughly $645 million came from Filipinos in Canada. This amount is the eleventh biggest contributor to the Philippine economy (Bangko Sentral ng Pilipinas, 2018).

On the other hand, the Philippines has become the top country for new immigrants to Canada in recent years, surpassing India and China (Friesen, 2018). According to the 2016 Census of Population Program, there are …

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Middle East & North Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Europe & Central Asia Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Asia & Oceania Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Disability Rights Symposium Coverage, Human Rights Brief

Human Rights Brief Spring 2018 Regional Coverage

No abstract provided.

Interpersonal Human Rights, Hanoch Dagan, Avihay Dorfmann

Cornell International Law Journal

Our increasingly globalized environment, typified by the significant role of transnational interactions, raises urgent concerns about the commission of grave transnational wrongs. Two main legal strategies— belonging, respectively, to public and private international law— offer important directions for addressing these urgent concerns. One strategy extends state obligations under human rights law to some non-state actors; the other adapts traditional private international law doctrines, notably its public policy exception. Both strategies make important advances, yet both face significant difficulties, which are all fundamentally rooted in what we call “the missing link of privity”— namely, identifying the reason for imposing the burden …

Domestic Violence And Gender Equality: Recognition, Remedy, And (Possible) Retrenchment, Jennifer Wriggins

Faculty Publications

This paper is based on the author's presentation at the gender equality symposium. Professor Wriggins connects domestic violence and gender equality before tuming to some significant reforms of the U.S. legal system concerning domestic violence-all of them relatively recent. Moving on, she discusses her reflections on the 12 year law practice that informs her expertise before becoming a law professor and also her long involvement in the movement for LGBTQ equality. Drawing on that experience, Professor Wriggins shares firsthand views of some of the consequences of not having legal protections. Outlining some of the shortcomings and critiques of the reforms, …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.