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White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis 2022 University of Pittsburgh School of Law

White Supremacy, Police Brutality, And Family Separation: Preventing Crimes Against Humanity Within The United States, Elena Baylis

Articles

Although the United States tends to treat crimes against humanity as a danger that exists only in authoritarian or war-torn states, in fact, there is a real risk of crimes against humanity occurring within the United States, as illustrated by events such as systemic police brutality against Black Americans, the federal government’s family separation policy that took thousands of immigrant children from their parents at the southern border, and the dramatic escalation of White supremacist and extremist violence culminating in the January 6, 2021 attack on the U.S. Capitol. In spite of this risk, the United States does ...


Climate Justice And The Etos, Sara L. Seck 2021 Dalhousie University Schulich School of Law

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Blogs

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of ...


An Overview Of Life And Works Of Jami & His Perception Of Love, LEYLA HAJIMEHDITAJER 2021 Help University Malaysia

An Overview Of Life And Works Of Jami & His Perception Of Love, Leyla Hajimehditajer

Journal of Islamic and Middle Eastern Multidisciplinary Studies

Abd al-Rahman Jami (817/1414- 898/1492) is regarded as the last grand classical poet of Persian literature and a great Sufi of his time. Towards the end of his life, he compiled his Divan in which one can trace his life pattern that he has divide into three main phases. These include: 1) the period of his childhood and early phases of education, which is reported in Fātiḥah al-Shabāb; 2) his mid-life phase as elaborated in Wāsiṭah al-‘Aqd; and, 3) the last stage of his life, discussed in Khātimah al-Ḥayāt. In the latter, Jami tends to evaluate his ...


Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage 2021 George Washington University Law School

Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage

Pace Environmental Law Review

No abstract provided.


Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr. 2021 American University in Cairo

Adjudicating Patriarchy In The Nationality Law, Muhammed Samy Ahmed Mr.

Theses and Dissertations

The Egyptian legal structure has long discriminated against women. Taking nationality law as an example, it is obvious that all consecutive nationality laws have ignored women’s right concerning passing on and acquiring nationality. Even after its amendment in 2004, major gender discrimination still exists. This is caused by the fact that the nationality law is only a part of the legal system. Consequently, its essence will not deviate from the patriarchal composition of the overall nature of the legal system. This paper argues that the existing forms of discrimination in the nationality law correlate with the broader legal environment ...


Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din 2021 The American University in Cairo AUC

Indeterminacy Of The Best Interest Of The Child And Shari’A Rules In Custody Adjudications: Egypt Case, Hala Ahmed Nour El-Din

Theses and Dissertations

This thesis argues the rigidity of custody adjudications in the Egyptian Law owing to the indeterminate legal terms and Islamic rules that guide the decision-making process of custody cases. It also proposes reconsideration of the best interest principle’s guiding criteria and custody Shari’a presumptive rules in light of the subjective interpretation of the judges in custody related matters. The principle of best interest (BI) which is the prevailing guiding criterion in regulating all matters related to children, particularly in custody-related decisions. Even though the principle has been present in international law at the beginning of the 20th century ...


Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses, Lawrence O. Gostin, Jana Shaw, Daniel A. Salmon 2021 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law

Mandatory Sars-Cov-2 Vaccinations In K-12 Schools, Colleges/Universities, And Businesses, Lawrence O. Gostin, Jana Shaw, Daniel A. Salmon

Georgetown Law Faculty Publications and Other Works

The Centers for Disease Control and Prevention (CDC) recently issued guidance that fully vaccinated individuals can safely remove masks and end social distancing in most indoor settings. Educational facilities and businesses are faced with whether and how to differentiate between vaccinated and unvaccinated individuals, including requiring proof of vaccination. Mandatory vaccination has historically served as a tool to reach and sustain high immunization coverage and to prevent transmission in K-12 schools, colleges/universities, and health care facilities. Vaccine mandates could extend to workers and customers in businesses to ensure safer environments. This Viewpoint examines the epidemiologic, public health, and legal ...


Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa 2021 University of Georgia School of Law

Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa

Georgia Journal of International & Comparative Law

No abstract provided.


Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe 2021 Harvard University FXB Center for Health and Human Rights

Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe

Georgia Journal of International & Comparative Law

There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the ...


Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen 2021 University of New England School of Law, Armidale, Australia

Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen

Georgia Journal of International & Comparative Law

No abstract provided.


Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez 2021 St. Mary's University School of Law

Modernizing Discrimination Law: The Adoption Of An Intersectional Lens, Marisa K. Sanchez

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Foreword, Patricia E. Roberts 2021 St. Mary's University School of Law

Foreword, Patricia E. Roberts

The Scholar: St. Mary's Law Review on Race and Social Justice

Foreword written by Patricia E. Roberts upon her first year as the 10th dean of St. Mary's University School of Law in San Antonio, Texas.


How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero 2021 University of Washington School of Law

How Far Will Fara Go? The Foreign Agents Registration Act And The Criminalization Of Global Human Rights Advocacy, Monica Romero

Washington Law Review

The Foreign Agents Registration Act (FARA) was enacted and enforced during World War II to protect the American public from foreign propaganda, especially from the Nazi party. Following the war, FARA was scarcely used for over half a century. But in the past five years, there has been a significant uptick in FARA enforcement, particularly against major political personalities. The revival of FARA has led many legislators and scholars to advocate for expansions of FARA’s scope and enforcement mechanisms in the name of national security. But most have failed to acknowledge the risk and likelihood of politicized enforcement. The ...


Genocide In China: Uighur Re-Education Camps And International Response, Julia Stern 2021 University of Cincinnati College of Law

Genocide In China: Uighur Re-Education Camps And International Response, Julia Stern

Immigration and Human Rights Law Review

No abstract provided.


Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum 2021 University of California, Irvine School of Law

Misguided At Best, Malevolent At Worst: The International Impact Of United States Policy On Reproductive Rights, Lindsay Marum

UC Irvine Journal of International, Transnational, and Comparative Law

This Note discusses the effect of U.S. foreign policies on the reproductive rights of women in developing countries. Many international human rights treaties and their progeny have consistently found that reproductive rights are intertwined with basic human rights, such as the right to privacy, the right to health, the right to education, and the right to start a family. Despite considering itself a superpower among all other countries, U.S. policies like the Helms Amendment and the Mexico City Policy fail to adhere to these basic international human rights standards. At the same time the United States recognized the ...


Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers 2021 University of California, Irvine School of Law

Politicizing International Human Rights: The United States’ Border Apartheid Policies And The Universality Of Human Rights, Ally Myers

UC Irvine Journal of International, Transnational, and Comparative Law

This Note uses the example of the United States’ immigration policies to analyze the following questions: (1) what type of rights international human rights are; (2) where these rights come from; (3) how their content should be determined; and (4) what conditions need to exist in order for them to be enforced. The Note argues that answering these questions is an essential prerequisite to enforcing human rights in a way that is truly universal. Part I of the Note grounds these questions in human experience through the case of a refugee seeking asylum at the U.S. border in San ...


Racially Biased Policing Practices In The United States Creates A High Risk Of Deportation For Immigrants, Kiley Barnard 2021 University of Cincinnati College of Law

Racially Biased Policing Practices In The United States Creates A High Risk Of Deportation For Immigrants, Kiley Barnard

Immigration and Human Rights Law Review

No abstract provided.


Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan 2021 American University in Cairo

Is Freedom Of Expression A Tool Of Oppression And Harm? A Study On Hate Speech And Its Harms In Case Law And Doctrine Of The Us And European Court Of Human Rights, Mohamed Hassan

Theses and Dissertations

Many societies now face the problem of hate speech. It has reached the level of a global problem. Many groups use freedom of expression to oppress other groups through using hate speech. The problem of hate speech represents a complex topic because it is interwind with the right of freedom of expression. However, international human rights law tries to combat the hate speech law in some treaties, such as the ICCPR and CERD, by offering rules to guide states constitutional courts in adjudicating these cases by limiting some of their absolute discretionary power in deciding these cases. These efforts have ...


The Un At 75: Success Stories From The Trusteeship System, Mark E. Wojcik 2021 UIC John Marshall Law School, University of Illinois at Chicago

The Un At 75: Success Stories From The Trusteeship System, Mark E. Wojcik

Pace International Law Review

The seventy-fifth anniversary of the United Nations offers an opportunity to review its many contributions to world peace, development, human rights, and the rule of law. Among the purposes stated in its Charter, the United Nations sought “[t]o develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples . . . .” The promotion of “self-determination of peoples” fell to the U.N. Trusteeship Council, one of the six organs of the United Nations. The Trusteeship Council suspended its work on November 1, 1994, one month after the Republic of Palau, the last of the ...


Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa 2021 Elisabeth Haub School of Law, Pace University

Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa

Pace International Law Review

West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.

The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they ...


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