Human Rights Law Commons^™

Third-Party Trial Observers: A Proposal For Codification And Implementation Of International Procedural Due Process In The Americas, Jay D. Terry

Akron Law Review

OVER TWENTY YEARS have passed now since Mrs. Franklin D. Roosevelt expressed the hope that the Universal Declaration of Human Rights "may well become the international Magna Carta of all men everywhere."' In the same breath, she recognized that the Universal Declaration did not "purport to be a statement of law or of legal obligation." But the members of the world community had unanimously enumerated the rights of men and all that remained was for men of good will to provide for the effective implementation of those rights.

Book Review: Abortion, Stanley Green

Akron Law Review

This work undertakes an examination of the social and legal problems associated with abortion in the United States today. Lader begins by discussing an incident which attracted considerable newspaper coverage in 1962-Sherri Finkbine's futile efforts to obtain a legal abortion in America after taking the drug thalidomide, which gravely deforms the fetus in a high percentage of cases.The author expresses regret that an American doctor did not perform an abortion upon Mrs. Finkbine and then inform the authorities of his action, thereby making the matter a test case. Lader feels that much good would have been accomplished by having the …

April Miller Et Al. Vs. Kim Davis (Date Filled August 19, 2015), United States Court Of Appeals For The Sixth Circuit

Media Collection

APRIL MILLER, Ph.D; KAREN ANN ROBERTS; SHANTEL BURKE; STEPHEN NAPIER; JODY FERNANDEZ; KEVIN HOLLOWAY; L. AARON SKAGGS; and BARRY SPARTMAN, Plaintiffs-Appellees, v. KIM DAVIS, Individually, Defendant-Appellant. On Appeal From The United States District Court For The Eastern District of Kentucky In Case No. 15-cv-00044 Before The Honorable David L. Bunning APPELLANT KIM DAVIS’ EMERGENCY MOTION FOR IMMEDIATE CONSIDERATION AND MOTION TO STAY DISTRICT COURT’S AUGUST 12, 2015 ORDER PENDING APPEAL

The Guatemala Protocol, Robert P. Boyle

Akron Law Review

"The story of the 1971 revision of the Warsaw Convention which is contained in the Guatemala Protocol, begins with denunciation by the United States of the Warsaw Convention in November of 1965. The United States was motivated in taking that action at that time by a number of circumstances."

The author of this article represented the United States government in talks concerning amending the Warsaw Convention to increase airline liability limits.

Freedom From Detention For Central American Families, Jennifer Moore

Faculty Scholarship

August 19th is World Humanitarian Day, declared by the UN General Assembly in 2008, out of a growing concern for the safety and security of humanitarian workers who are increasingly killed and wounded in direct military attacks or infected by disease when helping to combat global health pandemics.

April Miller Et Al. Vs. Kim Davis (Date Filled August 14, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants. CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …

Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley

Capstone Collection

In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …

April Miller Et Al. Vs. Kim Davis (Date Filed August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

APRIL MILLER, et al., PLAINTIFFS vs. KIM DAVIS, individually and in her official capacity, et al., DEFENDANTS CIVIL ACTION NO. 15-44-DLB UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY, NORTHERN DIVISION 2015 U.S. Dist. LEXIS 105822 August 12, 2015, Decided August 12, 2015, Filed.

April Miller Et Al. Vs. Kim Davis (Date Filled August 12, 2015), United States District Court For The Eastern District Of Kentucky

Media Collection

CIVIL ACTION NO. 15-44-DLB APRIL MILLER, et al. PLAINTIFFS vs. MEMORANDUM OPINION AND ORDER KIM DAVIS, individually and in her official capacity, et al. DEFENDANTS

Gutting Schools Won’T Solve Puerto Rico’S Debt Crisis, Lauren Carasik

Media Presence

No abstract provided.

Same-Sex Marriage And Jewish Law: Time For A New Paradigm?, Doron M. Kalir

Law Faculty Articles and Essays

In recent years the Supreme Court, as well as important segments of society, has come to accept and even celebrate same-sex relations that, in the past, and for some still today, have generated contempt, hostility, and violence. This change in law and culture poses a unique challenge for those who are moved by the plight of gay people yet concomitantly feel bound by their religious convictions and therefore prevented from providing religious legitimacy to people who yearn to be part of their community. Professor Kalir meets this challenge by proposing that the Torah (and Jewish law), read in context, accepts …

The European Court Of Human Rights Proclaims That It Will Neither Forgive Nor Forget Those Who Wage War, Shantel Talbot

Brigham Young University International Law & Management Review

No abstract provided.

Preserving Health Rights Of Female Sex Workers (Fsws): Are We Doing Justice?, Kiran Mubeen, Marina Baig

School of Nursing & Midwifery

In Pakistani context where majority of the population are Muslims, prostitution is considered as stigma. Health providers often come across a challenge to provide optimal care to prostitutes when their own values and beliefs contradict with their professional obligations. This commentary article is based on a clinical case study in which a family planning counselor failed to respond to the contraceptive needs of a prostitute due to the non-supportive state policy for tubal ligation and provider's own values for the stigmatized profession. This paper introduces a question for all health providers whether this act was justifiable on the basis of …

Human Rights Institute Annual Report 2014-2015, Human Rights Institute

Human Rights Institute

The Human Rights Institute sits at the heart of human rights teaching, practice, and scholarship at Columbia Law School. Founded in 1998 by the late Professor Louis Henkin, the Institute draws on the Law School’s deep human rights tradition to support and influence human rights practice in the United States and throughout the world. The activities of the Human Rights Clinic are included in the Institute’s work, enabling us to multiply our impact on the field and engage students more fully in our efforts. The Institute’s newly formed Columbia Advisory Committee provides input and feedback on the Institute’s activities and …

Corporate Rights And Individual Interests: The Corporate Right To Privacy As A Bulwark Against Warrantless Government Surveillance, Kayla Robinson

Cardozo Law Review

No abstract provided.

Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider

Akron Law Review

It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.

From Rescue To Representation: A Human Rights Approach To The Contemporary Anti-Slavery Movement, Austin Choi-Fitzpatrick

School of Peace Studies: Faculty Scholarship

Current efforts to end contemporary slavery represent a fourth wave of an Anglo-American abolitionist movement. Despite this historic precedent, there is little agreement on the nature of the problem. A review of current academic discourse, movement frames, and policy approaches suggests that six perspectives predominate: a prostitution approach focused on sexual exploitation of “women and girls”; a migration approach focused on the cross-border flow of migrants; a criminal justice approach focused on law and enforcement; a forced-labor approach emphasizing unfree labor; a slavery approach focused on trafficking in comparative-historical context; and a human rights approach centered on individual rights. This …

Parents, Judges, And A Minor's Abortion Decision: Third Party Participation And The Evolution Of A Judicial Alternative, William Green

Akron Law Review

This article will examine the Supreme Court's modification of Roe v. Wade to permit third party participation in a minor's abortion decision-making: how it originated, what direction it has taken and at whose initiative, and what issues remain. This article will argue that the Court's difficulty in resolving this issue resulted from the justices' disagreement over what recognition, if any, should be given to the minor-related interests that states have asserted to support third party involvement. This article will also argue that the Court's eventual ability to reach agreement was due primarily to the policy leadership of Justice Powell. Part …

Sweden And Humanitarian Law, Atle Grahl-Madsen

Akron Law Review

Professor Jacob W.F. Sundberg's article on "Humanitarian Laws of Armed Conflict in Sweden: Ogling the Socialist Camp"' has neither head nor tail. When coming to the author's "conclusions" the reader is likely to be dumbfounded: he may not have realized that this was what the article was all about. Up to that point he has been introduced to a variety of matters, presented in a hodge-podge manner. The article is failing on its own "merits."

However, the article is full of innuendo, half-truths and untruths. If published at home, no one knowing the author and his ideas would have paid …

A Brief Analysis Of The 1977 Geneva Protocols, Hans-Peter Gasser

Akron Law Review

In analyzing the two 1977 Protocols additional to the Geneva Conventions for the protection of war victims one should never forget that they are not the product of a sudden inspiration. The first cornerstone for Protocol 1, on international armed conflicts, was laid in the early Fifties. The Draft Rules for the Limitation of the Dangers incurred by the Civilian Population in Time of War, drawn up by the International Committee of the Red Cross (ICRC) and submitted to the Nineteenth International Red Cross Conference (New Delhi, 1957), were an unsuccessful attempt to improve the protection of the civilian population …

Symposium On The 1977 Geneva Protocols, Hamilton Desaussure

Akron Law Review

There is general agreement that the Hague Conventions of 1899 and 1907, while still technically in force, have been made largely obsolete by technological advance in weapons systems, communications, air power, and the ballistic missile. Yet the fundamental axiom that acts of war should not cause unnecessary or disproportionate suffering with regard to the military advantage to be gained, remains unchanged from those early conventions. What is new in the Protocols of 1977 is the added emphasis placed on the protection of the civilian population, not only in occupied areas held by the enemy, but also for the protection of …

Human Rights As Comparative Constitutional Law, Jacob W.F. Sundberg

Akron Law Review

This was the background of the Akron symposium on human rights as comparative constitutional law. The purpose of the symposium was to expose U.S. constitutional and international law experts to the working of these human rights protection systems in which decisions under the U.N. Covenant for Civil and Political Rights and the European Convention on Human Rights have arrived at an independent and influential, if not even precedent-setting role in relation to the national courts. Decision making by the U.S. Supreme Court is the focus of the teaching of Constitutional Law in the United States.

Having a number of European …

Understanding Disability Under The Convention On The Rights Of Persons With Disabilities And Its Impact On International Refugee And Asylum Law, Vandana Peterson

Georgia Journal of International & Comparative Law

No abstract provided.

The World Bank Has An Accountability Problem, Lauren Carasik

Media Presence

No abstract provided.

In Re Adoption Of Charles B. - A Tough Act To Follow, Deborah M. Arik

Akron Law Review

This Note first discusses homosexuality and examines Ohio's position on adoption, child custody, and custody disputes involving homosexual parents." The Note then reviews other states' positions on homosexual adoption. The remainder of the Note analyzes the Charles B. decisions" and discusses future questions that the Court will need to answer."

Another Casualty Of The War . . . Vagrancy Laws Target The Fourth Amendment, T. Leigh Anenson

Akron Law Review

This Comment will review the origins of the vagrancy law and its traditional abuses. It will then examine decisions discussing the vagrancy law's constitutionality under the Due Process clause void-for-vagueness doctrine and the courts' attempted remedy of explicit standards as to place, scope, or purpose. The remainder of this Comment will discuss the constitutionality of these revised vagrancy laws under the Fourth Amendment's prohibition of unreasonable seizures.

Judicial Enforcement Of International Human Rights, Edward D. Re

Akron Law Review

Lawyers are thinkers who must determine what are the fundamental human rights that must be legally enforced by a society worthy of being called civilized. Lawyers, therefore, devote their energies not only to human rights, but also to legal remedies designed to give effect to fundamental rights. Hence, for lawyers, the legal question presented deals with convening the ideals into legally enforceable norms. To phrase the inquiry in simple terms: what needs to be done to give legal effect to those moral norms which embody human rights and fundamental freedoms? What are the institutions of government that are charged with …

Sale V. Haitian Centers Council, Inc.: Closing The Golden Door, Dennis E. Wasitis

Akron Law Review

The purpose of this note is to carefully examine the Supreme Court's reasoning in Sale v. Haitian Centers Council, Inc. Part II sketches the contours of our recent policies with Haiti, and highlights the relevant refugee law involved. Part III dissects the case itself and presents the facts, procedure, and reasoning of the majority and minority. Finally, Part IV probes the strength of the court's analysis, and assesses the future implications of the decision.

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.