Human Rights Law Commons^™

Data Privacy At The Border: How To Balance National Security Concerns And Privacy Interests When Conducting Forensic Border Searches Of Electronic Devices, Eleni Filley

Washington and Lee Journal of Civil Rights and Social Justice

Do you know where your phone is? Can you describe the last five pictures in your camera roll? How many websites have you visited this month? Cell phones are an extension of our person and contain some of our most private data: location, banking, loved ones, sleep statistics, reproductive information, and more. As our technology develops, so too should our laws. This Note explores the lack of privacy protections at the U.S. border and how susceptible our data is to a government search. A Supreme Court ruling recognizing the unique piece of property a cell phone represents, even at a …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Editor's Note

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Democracy, History, And Washington And Lee, Christopher B. Seaman

Washington and Lee Journal of Civil Rights and Social Justice

At Washington and Lee, it is customary for the new holder of an endowed professorship to deliver a public lecture called a chair talk to mark their installation. This is a lightly edited and footnoted version of Professor Seaman's chair talk on October 8, 2024, given as the new Robert E.R. Huntley Professor of Law.

Discretionary (In)Justice Continued: Discretion As A Tool To Deny Asylum, Kate Aschenbrenner Rodriguez

Washington and Lee Journal of Civil Rights and Social Justice

In 2012, I published an article entitled Discretionary (In)justice: The Exercise of Discretion in Claims for Asylum. At that time, I was concerned because of a pattern I had seen of adjudicators in individual cases denying applications for asylum not on the basis of statutory eligibility but instead in an exercise of the adjudicator’s discretion. Since that time, the administrations of both the former President Trump and the now-current President Biden have used every legal tool available to them, including the exercise of discretion in asylum claims, to make it more difficult to obtain asylum and therefore to discourage …

Cannabis At Work: Navigating The Intersection Of Employment Law And Legalized Marijuana, Eva Lane

Washington and Lee Journal of Civil Rights and Social Justice

As states increasingly legalize forms of cannabis use, federal regulation remains stagnant. These outdated laws still hold power, undermining state-granted rights. This impact is especially felt in the employment sector. While states pass laws legalizing cannabis use, employers still have a right to a drug free workplace. Many employment agreements prohibit drug use, even if legal under state law. This Note examines recent caselaw to analyze how courts are handling the battle between state and federal government as it relates to cannabis legalization. Ultimately, the argument highlights the risk employees face – engaging in what they believe is legal behavior …

Life In Limbo: Cryptocurrency And Fosta As The Pillars Of Cyber-Trafficking, Rebecca Liu

Washington and Lee Journal of Civil Rights and Social Justice

As the internet continually advances into Web 3.0, human traffickers thrive in using online platforms to prey on their victims, creating a new form of human trafficking: cyber-trafficking. In 2018, Congress passed the Fight Online Sex Trafficking Act (“FOSTA”) to dampen the stringent protection that 47 U.S.C. § 230 (“Section 230”) offered to internet intermediaries in cyber-trafficking litigation. However, Congress’s intended effect in passing FOSTA failed, as courts continue to interpret FOSTA narrowly, upholding the stringent protection that Section 230 offers internet intermediaries. Beyond FOSTA’s indifferent impact, governmental bodies struggle adapting to Web 3.0’s landscape, neglecting to intervene with traffickers’ …

“Freedom Lives Hence, And Banishment Is Here”: The Weaponization Of Immigration Law To Punish Political Dissidents, Ryan Scott

Washington and Lee Journal of Civil Rights and Social Justice

This Note explores the long and bipartisan history of the United States government’s weaponization of the immigration system to control, exclude, and expel percieved political enemies. The near-unlimited power that the federal government has acrrued in immigration matters has been used since the Founders’ generation to purge the country of those whose ideas and speech are seen by the powers that be as threatening or subversive. This Note traces the arc of such efforts from the Alien and Sedition Acts of 1798 to the explusion of activists under President Trump. The Note also examines attempts to force the courts to …

Inge Viermetz, Woman Acquitted At Nuremberg, Diane Marie Amann

Scholarly Works

Conventional narratives tend to represent the post-World War II international criminal proceedings as a men’s project, thus obscuring the many women who participated, as lawyers, journalists, analysts, interpreters, witnesses, and defendants. Indeed, two women stood trial before Nuremberg Military Tribunals. This article examines the case of the only woman found not-guilty: Inge Viermetz, who had been an administrator at Lebensborn, the Nazi SS adoption and placement agency. The article outlines the prosecution’s child-taking case against Viermetz, as well as her successful gendered self-portrayal as a conventionally feminine caregiver. With references to Professor Megan A. Fairlie, at whose memorial symposium it …

Gender Apartheid Under The Taliban: Key Elements Of An Ideology Designed To Disempower Afghan Women, Ilias Bantekas, Asiya Karimi

William & Mary Journal of Race, Gender, and Social Justice

Despite its frequent use since 2021, the notion of ‘gender apartheid’ is misconceived in terms of existing international law. The type of abhorrent policies pursued by the Taliban regime against women and girls is best conceived as gender-based persecution. Even so, there is no reason why a new and distinct international crime of gender discrimination cannot be established through soft law, domestic law, or treaty-making in order to preserve the plight of women and girls around the world who are subjected to collective discriminatory practices that deny them fundamental human rights. The crime would arise where the discriminatory practices in …

Considering The Child’S Wishes—But How? Allowing Children To Speak In Their Custody Matters, Joshua Hanson

Dickinson Law Review (2017-Present)

In the United States, states universally may consider the child’s wishes when determining their custody placement. While their decision or preference is not binding for the judge, it allows the child meaningful participation in decisions that directly affect them. There are many ways courts can ensure a child’s voice is heard: through an interview with the judge, professional evaluations, child advocates, and even child-inclusive mediation. Yet state laws give judges broad discretion when determining how to weigh the child’s wishes.

This discretion will inevitably leave some children behind without having their voices heard. Allowing children meaningful participation in their custody …

Sexual And Reproductive Health & Rights: Advances And Setbacks, Aziza Ahmed, Alicia Ely Yamin, Sofia Gruskin

Faculty Scholarship

This article first describes shifts in human rights law that have led to improvements in the realization of sexual and reproductive health and rights (SRHR) over the last decade. The article does so, however, with careful attention to the structural factors beyond formal legal mechanisms that may undermine the ability of governments, even with the best of intentions, to fully develop the necessary robust health and justice systems. Second, this article considers two additional factors: the political economy factors that enable or limit the ability of States to realize SRHR, as well as the growing evidence base that supports positive …

Round Table (Part 2) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Regina M. Paulose

Genocide Studies and Prevention: An International Journal

No abstract provided.

Round Table (Part 1) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, James A. Tyner

Genocide Studies and Prevention: An International Journal

No abstract provided.

Round Table (Part 3) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Andrew Woolford

Genocide Studies and Prevention: An International Journal

No abstract provided.

Round Table (Part 4) Book Review: From Discrimination To Death: Genocide Process Through A Human Rights Lens, Melanie O'Brien

Genocide Studies and Prevention: An International Journal

No abstract provided.

Konstitusionalitas Model Putusan Bawaslu Dalam Penyelesaian Pelanggaran Administratif Pemilu, Muhammad Rifai Yusuf, Syarif Hidayat

Jurnal Hukum & Pembangunan

As one of the institutions that carries out quasi-judicial functions in the field of general elections, Bawaslu could issue a decision through an adjudication process. In 2017, Bawaslu was criticized for its several decisions in the Sipol case held by the KPU for the registration of participants in the 2019 general elections, mainly because it was considered that Bawaslu equated its position with the Supreme Court by assessing that Sipol in the KPU Regulation was not in line with the Election Law. In 2024, decisions on election administrative violations appear to be softer or seem to avoid the same potential …

Quo Vadis Hak Atas Kesehatan Reproduksi: Analisis Rekonstruksi Pengaturan Aborsi Di Indonesia (Perbandingan Hukum Indonesia Dengan Perancis), Dian Kencana Putri, Erna Dyah Kusumawati

Jurnal Hukum & Pembangunan

Pembatasan akses aborsi di Indonesia menyebabkan banyak perempuan dengan kehamilan tidak diinginkan terpaksa berhadapan dengan hukum. Pembatasan aborsi yang mengakibatkan kriminalisasi ini dapat menyebabkan dilema moral bagi banyak perempuan yang mengalami kehamilan tidak diinginkan. Padahal aborsi berpotensi terjadi pada setiap perempuan berusia produktif di Indonesia. Aborsi di Indonesia merupakan tindakan ilegal dan aborsi hanya dapat dilakukan dalam dua kondisi saja, yakni kedaruratan medis dan kehamilan yang disebabkan perkosaan. Artikel ini menganalisa bagaimana sebenarnya substansi aborsi dapat dimasukkan pada kategori hak kesehatan reproduksi perempuan dan mengapa negara Indonesia perlu mengubah kebijakan dan hukum mengenai aborsi. Untuk melihat seberapa pentingnya negara harus …

Orientasi Rigid Dan Moderat Dalam Penafsiran Original Intent Dan Praktiknya Di Indonesia, Muhammad Alwi Khoiri Ramdani, Susi Dwi Harijanto, Lailani Sungkar

Jurnal Hukum & Pembangunan

Metode original intent lazimnya menghasilkan penafsiran yang bersifat rigid sesuai niat perumusnya. Selama konstitusi tidak diubah, maka tafsiran original intent pun tidak berubah. Namun penggunaan metode penafsiran original intent di Indonesia dapat menghasilkan pemaknaan yang berbeda/berubah meskipun ketentuan konstitusi dan perumusnya tidak berganti. Hal ini terjadi karena terdapat perkembangan pemikiran dalam penerapan metode penafsiran original intent. Penelitian ini membahas mengenai perkembangan pemikiran tersebut dan menganalisa pola penerapan metode original intent dalam penafsiran konstitusi yang dilakukan oleh Mahkamah Konstitusi di Indonesia. Ini merupakan penelitian doktriner dengan pendekatan konsep dan kasus. Hasil penelitian menunjukkan bahwa terdapat perkembangan pemikiran dalam penerapan metode penafsiran …

Evaluasi Implementasi Putusan Mahkamah Konstitusi Terhadap Desain Surat Suara Calon Tunggal Dalam Pilkada, Enika Maya Oktavia, Rizki Maulana Syafei, Tsalis Khoirul Fatna

Jurnal Hukum & Pembangunan

The phenomenon of single candidates in regional elections in Indonesia has created a dilemma in applying democratic principles, especially regarding ballot design that often confuses voters. The Constitutional Court’s Decision Number 100/PUU-XIII/2015 mandated a plebiscite design with “agree” or “disagree” options for single candidates. However, in practice, this design has been distorted with the presence of a blank box without adequate explanation. This study aims to evaluate the extent to which the discrepancy between the Constitutional Court's decision and actual ballot design practices affects voter understanding and the quality of democracy. This study employs a normative juridical method with a …

Intergenerational Dialogue And Inquiry For Collective Healing, Social Justice And Communal Well-Being: A Reflection On Conceptions, Processes And Practices, Scherto Gill

The Journal of Social Encounters

This paper explores how intergenerational dialogue and inquiry (IDI) may help break the silence about past brutality and contribute to collective healing, social justice and communal well-being. The specific historical contexts that it is concerned with are transatlantic slavery and colonisation, and the continued legacies of contemporary racism. Global communities impacted by these tragedies often experience silence between the generations about the trauma resulting from the atrocity, often exacerbated by present day discrimination. In considering the case study of IDI in communities on four continents, this paper further analyses the processes involved in breaking the cycles of silence, and remembering …

Right To Education And Access To Schooling: Understanding The Role Of Students’ Transportation Challenges In Selected Junior Secondary Schools In Ilorin, Nigeria, Usman Bolaji Abdulkadir, Egbinola Temitope Anuoluwa

The Journal of Social Encounters

No abstract provided.

Digital Child Labor Exploitation In Sharenting: Proposing Legislative Solutions For Enhanced Child Protection, Joana Guzman Gonzalez

University Honors Theses

This thesis explores the implications of sharenting -- the practice of sharing children's information on mass media--raises urgent concerns about child safety and potential human rights violations -- and the exploitation of children in digital spaces, focusing on the risks of privacy, safety and mental health pose by the rise of kidfluencers – children influencers under the age of 18 – and family vlog channels. Through a comprehensive literature review, the research examines children's online presence's emotional, legal, and societal impacts, drawing from case studies such as Sheri Franke, Wren Eleanor, Ryan Kaji, and JoJo Siwa. The analysis reveals a …

Quo Vadis Desain Pengamanan Hakim Dari Perbuatan Merendahkan Kehormatan Dan Keluhuran Martabat Hakim (Pmkh) Di Indonesia, Zainatul Ilmiyah

Jurnal Hukum & Pembangunan

Judges, as the main judicial actors in law enforcement, have an independent nature, both in terms of institutions and in terms of determining their decisions. However, in exercising their authority, judges are often faced with the risk of injury, both physical and psychological, by the public, who are not satisfied with the decisions made by the judges. With an empirical legal research method and using a conceptual approach, statute approach, and comparative approach, this study aims to find the best form in the design of an institutional model for judge and court security units. In this study, it was found …

Public Surveillance And Human Rights: The Chilling Effect Of Surveillance Technologies And Legal Debates In Europe, Anna Calabrese

Graduate Research Conference (GSIS)

The rapid advancement and intense deployment of surveillance technologies pose a profound threat to fundamental human rights and render the balance between national security and rights and freedoms guarantees even more challenging. This paper interrogates the menace that digital tracking such as IMSI-catchers and other sophisticated tools represent to contemporary democracies with a specific focus on their potential to introduce a “chilling effect” to deter individuals in political and social communities from exercising their freedoms of speech, expression, association, thereby endangering the core values of all democracy. This analysis offers an overview of the state-of-the-art in Europe and highlights recent …

Armed And Classless: Non-Dangerous Felons After Bruen, Robert W. Vetter

LSU Law Journal for Social Justice & Policy

No abstract provided.

Masthead

LSU Law Journal for Social Justice & Policy

No abstract provided.

Cover

LSU Law Journal for Social Justice & Policy

No abstract provided.

Human-Animal Chimeras: An Omen For Disaster Or An Answer To Our Prayers?, Catherine A. Zimmermann

Journal of Civil Rights and Economic Development

(Excerpt)

Part I of this Note discusses the purpose of chimera research, various ethical arguments, and the current perception of chimera research in the United States to address aspects of the proposed legislation. Chimeras are unique in that they have both human and animal cells. Taking this into account, I also discuss the current regulatory structure and legal protections which provide a framework for the regulation of chimera research. I explain and analyze the law regarding the NIH moratorium and explore factors that have led the United States to consider lifting the moratorium while examining different legal perspectives which explain …

Keynote Address: The Movement To Protect Kids From Addictive Technologies, Gaia Bernstein

Seattle University Law Review

In this keynote address, I describe my personal journey starting with a school outreach program I created in 2017 to address technology overuse among kids. While I initially advocated for self-help methods, I grew to recognize that the tech industry bore responsibility. This realization led me to write Unwired: Gaining Control over Addictive Technologies, which focused on collective action to pressure the tech industry to redesign its addictive products.

I then describe the movement to control addictive technologies and protect kids, which has gained momentum since the end of the pandemic. This movement combines grassroots parent activism with legal-political action. …