University at Buffalo School of Law
Fletcher School of Law and Diplomacy, Tufts University
National University of Study and Research in Law, Ranchi (India)
University of Michigan Law School
American University Washington College of Law
Case Western Reserve University School of Law
U.S. Naval War College
Vanderbilt University Law School
Pace University School of Law
Speculations On Criminal Justice Mechanisms To Address The North Korean Regime's Human Rights Violations: Icc, Ad Hoc Tribunals, Or Something Else?,
2022
Ohio Northern University
Speculations On Criminal Justice Mechanisms To Address The North Korean Regime's Human Rights Violations: Icc, Ad Hoc Tribunals, Or Something Else?, Yun Ju Kang
Ohio Northern University Law Review
No abstract provided.
Rising From The Dead: A Jurisprudential Review Of Recent Cemetary And Human Rights Cases,
2022
Ohio Northern University
Rising From The Dead: A Jurisprudential Review Of Recent Cemetary And Human Rights Cases, Mary Catherine Joiner, Ryan M. Seidemann
Ohio Northern University Law Review
No abstract provided.
Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”,
2022
Cairo University
Human Rights In The Era Of Artificial Intelligence “Figures, Opinions And Solutions”, Dr. Heidi Issa Hassan
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
Technology has cast its shadow on us in most aspects of our lives and nothing has escaped its grip even human intelligence. Human intelligence now has a major rival known as "artificial intelligence" (AI). The main question is can machines think like humans?!
Since AI involves, in part, the dispensation with humans, then it is a matter that affects human rights, regardless of the manifestations, consequences or even scope of this dispensation.
Accordingly, this study has several problems to tackle: 1) the absence of adequate binding national and international provisions governing AI, 2) AI systems involve changing the way businesses ...
Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities,
2022
U.S. Naval War College
Human Rights Of Conscientious Objectors Vis-À-Vis Armed Non-State Actors And De Facto Authorities, Michael Wiener, Andrew Clapham
International Law Studies
This article aims at elucidating the human rights of conscientious objectors to military service and offers detailed substantive guidance for protecting their rights vis-à-vis armed non-State actors and de facto authorities. Persons who live in territory controlled by armed groups or de facto authorities often face human rights protection gaps, for example their freedom of conscientious objection may not be recognized or fully implemented. This article analyzes the practice by international human rights mechanisms in their engagement with de facto authorities in Afghanistan (Taliban), Cyprus (northern part), the Republic of Moldova (Transnistrian region), and Azerbaijan (Nagorno-Karabakh region), along with the ...
International Human Rights As A Vehicle For Achieving Rural Health,
2022
Brigham Young University Law School
International Human Rights As A Vehicle For Achieving Rural Health, David H. Moore, Emily Lowder, Cami Schiel
West Virginia Law Review
No abstract provided.
On Account Of Youth: Winning Asylum For Children,
2022
University of Cincinnati College of Law
On Account Of Youth: Winning Asylum For Children, Linda Kelly
University of Cincinnati Law Review
No abstract provided.
U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court,
2022
Binghamton University
U.S. Covert Actions In The Indonesian Genocide: The International Criminal Court, Mia C. Rabkin
Alpenglow: Binghamton University Undergraduate Journal of Research and Creative Activity
After the Korean War in 1950, the Cold War expanded to Asia transitioning from purely economic aid in Europe from the Marshall Plan, to direct military intervention then to covert military operations under the Eisenhower Administration in Indonesia. The focus of this research is on the United States military intervention through covert military operations from 1950-66 and details the evolution of foreign policy in Indonesia from the economic aid to supplying names of PKI insurgents to be slaughtered. With the general research questions of How did CIA interference through covert military operations in Indonesia highlight a shift in CIA intervention ...
Masthead,
2022
Washington and Lee University School of Law
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever,
2022
Atlantic Center for Capital Representation
Revisiting The Ox-Bow Incident: The Almost Forgotten Western Classic About The Lynching Of Three Innocent Men Is As Relevant As Ever, Marc Bookman
Washington and Lee Journal of Civil Rights and Social Justice
The concept of lynching, several hundred years old and unclear in its origins, has never really left the lexicon. The word itself, however, has taken on different meanings over the years, from a mob’s taking the law into its own hands, to an organized utilization of racial violence as a means of societal control and intimidation; and finally to the more casual and defensive use of the word (“high tech lynching”) by current Supreme Court justices Thomas and Kavanaugh and others after being questioned about their past behaviors. Many academics have opined that the modern system of capital punishment ...
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty,
2022
Washington and Lee University School of Law
Certain Prosecutors: Geographical Arbitrariness, Unusualness, & The Abolition Of Virginia’S Death Penalty, Bernadette M. Donovan
Washington and Lee Journal of Civil Rights and Social Justice
Virginia’s abolition of the death penalty in 2021 was a historic development. As both a southern state and one of the country’s most active death penalty jurisdictions, Virginia’s transition away from capital punishment represented an important shift in the national landscape. This article considers whether that shift has any constitutional significance, focusing on the effect of Virginia’s abolition on the geographical arbitrariness of the country’s death penalty.
As a starting point, the death penalty in America is primarily regulated by the Eighth Amendment, which bars “cruel and unusual punishments.” The United States Supreme Court has ...
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online,
2022
Washington and Lee University School of Law
Wiretapping The Internet: Analyzing The Application Of The Federal Wiretap Act’S Party Exception Online, Hayden Driscoll
Washington and Lee Journal of Civil Rights and Social Justice
The federal Wiretap Act—originally enacted to curtail the government’s unbridled use of wiretaps to monitor telephonic communications—was amended in 1986 to provide a private right of action, extending the Act’s Fourth Amendment-like protections to private intrusions. Since the advent of the internet, plaintiffs have attempted to predicate claims of unauthorized online privacy intrusions on the Wiretap Act. In response, defendants claim they are parties to the communications at issue and should be absolved of liability under the Act’s party exception. The federal circuit courts of appeal disagree on how the party exception applies in the ...
Table Of Contents,
2022
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens,
2022
Washington and Lee University School of Law
Check Your Bank Account First: Examining Copyright Formalities And Remedies Through A Race Conscious Lens, Emma Burri
Washington and Lee Journal of Civil Rights and Social Justice
This Note examines copyright formalities through a race conscious lens and concludes that further change is necessary given the legacy of economic inequality that communities of color experience. It examines the history of copyright formalities in the United States and the disenfranchisement of Black musical creators through the theft of their intellectual property. In exploring the relationship between race, wealth, and musical copyright protection this Note explains why considering the economic inequality is relevant to ensure copyright protection for Black creators. This Note proposes abolishing the registration timeline for certain remedies and altering the filing fee structure of the copyright ...
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983,
2022
Washington and Lee University School of Law
It Just Makes Sense: An Argument For A Uniform Objective Standard For Incarcerated Individuals Bringing Claims Under 42 U.S.C. § 1983, Pearce Thomson Embrey
Washington and Lee Journal of Civil Rights and Social Justice
In July 2020, the New York Times published an article on a Department of Justice report detailing the systematic abuse of incarcerated individuals by prison guards within the State of Alabama’s Department of Corrections. This report evidences the challenges faced by incarcerated individuals seeking to vindicate their Eighth Amendment rights. In a legal sense, those individuals who turn to the court system for relief face an almost insurmountable burden of proof. This Note begins by surveying the history of excessive force claims under the Fourth, Eighth, and Fourteenth Amendments, as well as deliberate indifference claims under the Eighth and ...
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period,
2022
Cornell Law School
Atkins V. Virginia At Twenty: Still Adaptive Deficits, Still In The Developmental Period, Sheri Lynn Johnson, John H. Blume, Brendan Van Winkle
Washington and Lee Journal of Civil Rights and Social Justice
Twenty years ago, in Atkins v. Virginia, the Supreme Court of the United States held that the Eighth Amendment prohibited states from executing persons with intellectual disability. While the Court’s decision is laudable and has saved many of the most vulnerable persons from the executioner, its effect has been undermined by recalcitrant states attempting to exploit language in the opinion permitting states to create procedures to implement the (then) new categorical prohibition. In this article, we examine how some states have adopted procedures which are fundamentally inconsistent with the clinical consensus understanding of the disability and how one state ...
Free Yezidi Foundation Public Memo – Lafarge Case,
2022
Benjamin N. Cardozo School of Law
Free Yezidi Foundation Public Memo – Lafarge Case, Jocelyn Getgen Kestenbaum, Patricia Viseur Sellers
Online Publications
This memorandum supports the Free Yezidi Foundation’s (FYF) filing in the Lafarge Case concerning allegations of complicity in crimes against humanity, including genocide. The Lafarge Corporation continuously operated its factory and, moreover, financially contributed to the Islamic State of Iraq and al-Sham (IS, ISIS, Daesh) between 2013 and 2014, inclusive of the period between 3 August 2014 and 19 September 2014. During those weeks, and represented in a timeline annexed to this memorandum, international and French media, international organizations, and governments extensively reported on and condemned IS acts committed against the Yezidi population that could constitute crimes against humanity ...
Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says,
2022
Boston University School of Law
Florida Governor Desantis’ Transport Of Migrants To Massachusetts Is A “Crude Political Tactic…Playing With People’S Lives,” Law Expert Says, Rich Barlow, Sarah R. Sherman-Stokes
Shorter Faculty Works
Massachusetts officials say Florida may have broken the law by transporting 50 Venezuelan immigrants to Martha’s Vineyard on September 14.
Rachel Rollins, US Attorney for the District of Massachusetts, says she’s reviewing whether the unannounced transport violated laws against human trafficking, coercion, or other crimes. Lawyers and aid workers on the Vineyard report that the immigrants were lied to about jobs and housing awaiting them in Massachusetts, about landing in Boston, and about having to register their new addresses with federal citizenship and immigration officials.
Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love,
2022
Cal Poly Humboldt
Loving Truly: An Epistemic Approach To The Doxastic Norms Of Love
The International Journal of Ecopsychology (IJE)
If you love someone, is it good to believe better of her than epistemic norms allow? The partiality view says that it is: love, on this view, issues norms of belief that clash with epistemic norms. The partiality view is supposedly supported by an analogy between beliefs and actions, by the phenomenology of love, and by the idea that love commits us to the loved one’s good character. I argue that the partiality view is false, and defend what I call the epistemic view. On the epistemic view, love also issues norms of belief. But these say simply (and ...
Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr,
2022
Schulich School of Law, Dalhousie University
Teitiota V New Zealand, Climate Migration And Non-Refoulement: A Case Study Of Canada’S Obligations Under The Charter And The Iccpr, Mari Galloway
Dalhousie Law Journal
Climate change is expected to have an unprecedented impact on human migration and displacement over the next decade. Individuals forced to migrate on the basis of climate change or natural disasters remain, however, on the periphery of international and domestic environmental and refugee protections. Teitiota, a landmark decision by the UN Human Rights Committee (the Committee) in 2020 could, however, point the way toward filling these legal gaps by using the principle of non-refoulement under human rights law to prevent the deportation of those whose lives are at risk. As such, this paper seeks to explore the application of Teitiota ...
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War,
2022
University of Pennsylvania Carey Law School
Beyond Guantanamo: Restoring The Rule Of Law To The Law Of War, Claire O. Finkelstein, Harvey Rishikof
Faculty Scholarship at Penn Carey Law
In June 2021, CERL assembled a working group to address the difficult legal and policy questions that arise in anticipation of renewed attempts to close the Guantánamo detention facility. The CERL 2021 Working Group on Guantánamo Bay is co-chaired by Claire Finkelstein, a professor of criminal and national security law at the University of Pennsylvania and CERL’s faculty director, and Harvey Rishikof, former convening authority for the commissions and a visiting professor of national security law at Temple University. The group comprises over thirty national security and counterterrorism experts, retired military officers, lawyers, former Department of Justice officials, psychologists ...
