Human Rights Law Commons^™

'Protection And Empire': The Martens Clause, State Sovereignty, And Individual Rights, Jeffrey D. Kahn

Faculty Journal Articles and Book Chapters

The Martens Clause was a last-minute compromise that saved the 1899 Hague Convention with Respect to the Laws and Customs of War on Land. In its original formulation, the clause shielded individuals under “the protection and empire” of international law, principles of humanity, and the dictates of the public conscience. F. F. Martens, its author, was Russia’s greatest international law scholar and occasional diplomat. He saw no application for his work in the nineteenth-century internal affairs of his sovereign, notwithstanding the transnational terrorism that plagued (and ultimately destroyed) the Russian Empire. As the relationship between individual rights and state sovereignty …

The Next Fifteen Years, Melynda Barnhart

NYLS Law Review

No abstract provided.

The Role Of U.S. Technology Companies As Enforcers Of Europe's New Internet Hate Speech Ban, Evelyn Aswad

Faculty Articles

No abstract provided.

Call For Papers 2017: The Social Practice Of Human Rights, University Of Dayton

Content presented at the Social Practice of Human Rights Conference

The University of Dayton Human Rights Center invites proposals from scholars, practitioners, policymakers, and advocates on a broad array of human rights topics. The Center welcomes both theoretical and applied research proposals that capture important trends in human rights scholarship and research. We encourage the submission of individual papers, complete panels, roundtables, workshops, and practitioner presentations, as well as interdisciplinary and scholar-practitioner collaborations.

To submit a paper or proposal, see the conference's section in the repository: http://ecommons.udayton.edu/human_rights/

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Demystifying Toxic Workplaces: Transforming A Worker's Right-To-Know To A Right-To-Understand By Expanding Epcra, Eun Jin Kim

Public Interest Law Reporter

No abstract provided.

A Different Kind Of Privacy: "Bathroom Bills" And The Rights Of Transgender People In Public Spaces, Sarah Nagy

Public Interest Law Reporter

No abstract provided.

Same-Sex Families And Adoption Discrimination Post Marriage Equality, Joel Viramontes-Gallegos

Public Interest Law Reporter

With the major judicial holding of Obergefell v. Hodges, the Supreme Court of the United States legally recognized same sex-marriage. Advocates of the lesbian, gay, bisexual and transgender (LGBT) community celebrated in the granting of what many deemed a fundamental right. Now, with the ability to freely marry, same-sex couples are looking to grow their family through adoption, with some adoption agencies seeing a slight increase in upwards of 700 applicants a month. This article will address the legal challenges, and proposed solutions, to expanding American same-sex couples' legal rights to adopt children outside of the United States.

Nothing Is Ever Black & White: The Criminal Justice System And Its Expansion Into "Criminal Alien" Enforcement, Yolanda Vázquez

Public Interest Law Reporter

No abstract provided.

The Final Frontier Of The Privatization Of Public Housing: The Rental Assistance Demonstration Program, Ji Hwang

Public Interest Law Reporter

No abstract provided.

Chicago Has The Blueprint For Lasting Police Accountability Reform, But Can The City Build The Future It Needs?, Austin Spillar

Public Interest Law Reporter

No abstract provided.

State Challenges To Refugee Resettlement, Anthony E. Wadas

Public Interest Law Reporter

No abstract provided.

Dismantling The School-To-Prison Pipeline: Whether Senate Bill 100 Will Address Problems Specific To Students With Learning Disabilities, Adrien Fernandez

Public Interest Law Reporter

No abstract provided.

Solitary Confinement Banned In Federal Juvenile System, Bethany Dixon

Public Interest Law Reporter

In January, President Obama banned solitary confinement - the confinement of a prisoner in a cell for virtually the entire day without environmental stimulation and limited opportunity for social interaction - for juveniles in the federal prison system. In his announcement, he stated that solitary confinement has been overused and has the potential to cause tremendous psychological consequences. His decision came after a review by the Justice Department. The report stated that the practice of solitary confinement reduces the chances that a prisoner can be eventually rehabilitated to society. This article will examine the anticipated impact of the President's executive …

Reparations For Descendants Of American Slaves: The Recurring Clarion Call That Emerges From Race-Based, Social, And Political Movements, Erika C. Weaver

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

Retired With Nothing To Retire On: A Proposal For Social Security Credits For The Burge Exonerees, Katie Burnett

Public Interest Law Reporter

No abstract provided.

The Death Row Ten: Interrupting Illinois' Death Machine, Alice Kim

Public Interest Law Reporter

No abstract provided.

The Struggle For Reparations In The Burge Torture Cases: The Grassroots Struggle That Could, Joey L. Mogul

Public Interest Law Reporter

No abstract provided.

Why We Need Community Control Of The Police, Larry Redmond

Public Interest Law Reporter

No abstract provided.

Black People Against Police Torture: The Importance Of Building A People-Centered Human Rights Movement, Vickie Casanova Willis, Standish E. Willis

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

In Defense Of The Closed Primary, Bethany Dixon

Public Interest Law Reporter

No abstract provided.

Cyberbullying And The Victims Of Modern Technology, Wafeek Elafifi

Public Interest Law Reporter

No abstract provided.

Voter Identification Laws And The 2016 Election, Conor Grealish

Public Interest Law Reporter

No abstract provided.

The Pursuit Of Equitable Access To Reproductive Healthcare In The United States, Alexandra Lehr

Public Interest Law Reporter

No abstract provided.

Continuing Barriers To Equal Educational Opportunities For Students With Disabilities, Joanna Pawlowska

Public Interest Law Reporter

No abstract provided.

Are We Contradicting Ourselves?: How The Stanford Rape Case Illustrates The Conflict Between Mandatory Sentencing And Judicial Discretion, Kristine Ruhl

Public Interest Law Reporter

No abstract provided.

Well-Intended Federal Drug Policies May Leave Minorities Behind, William Ryan

Public Interest Law Reporter

No abstract provided.

The Threat Of Predatory Lending, Marko Stojkovic

Public Interest Law Reporter

This Article is part one of a two-part series exploring the dangers of predatory lending and how Dodd-Frank and the Consumer Financial Protection Bureau have solved predatory lending and ended the possibility of another subprime debacle. In this part, what will be shown is that due to the U.S. government's deregulation and the greed of banks and predatory lenders in the housing market, predatory lending wreaked havoc on minority, low-income, and immigrant communities, and was the main cause of the 2008 economic collapse.