Discovering And Enforcing A Human Right To Environmental Protection,
2021
American University
Discovering And Enforcing A Human Right To Environmental Protection, Mélanne Andromecca Civic
Journal of Natural Resources & Environmental Law
No abstract provided.
Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?,
2021
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Digital Health Passes In The Age Of Covid-19: Are “Vaccine Passports” Lawful And Ethical?, Lawrence O. Gostin, I. Glenn Cohen, Jana Shaw
Georgetown Law Faculty Publications and Other Works
As COVID-19 vaccination rates in high-income countries increase, governments are proposing or implementing digital health passes (DHPs) (vaccine “passports” or “certificates”). Israel uses a “green pass” smartphone application permitting vaccinated individuals’ access to public venues (eg, gyms, hotels, entertainment). The European Union plans a “Digital Green Certificate” enabling free travel within the bloc (see eTable in the Supplement). New York is piloting an IBM “Excelsior Pass,” confirming vaccination or negative SARS-CoV-2 test status through confidential data transfers to fast-track business reopenings. This paper examines the benefits of DHPs, scientific challenges, and whether they are lawful and ethical.
Gambian And Senegalese Refugee Policies As A Potential Means Towards Regional Stability,
2021
Connecticut College
Gambian And Senegalese Refugee Policies As A Potential Means Towards Regional Stability, Amy Armata
CISLA Senior Integrative Projects
No abstract provided.
Analysis And Investigation Of Solitary Confinement Reforms,
2021
Fordham University School of Law
Analysis And Investigation Of Solitary Confinement Reforms, Alison E. Gordon
SJD Dissertations
No abstract provided.
Can “Asians” Truly Be Americans?,
2021
University of New Mexico - School of Law
Can “Asians” Truly Be Americans?, Vinay Harpalani
Faculty Scholarship
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women,
2021
Brigham Young University
Domestic Violence Victims, A Nuisance To Society?: Moving Toward A More Equitable System In Protecting Vulnerable Women, Elizabeth Haderlie, Layla Shaaban
Brigham Young University Prelaw Review
Recent conversations about racial biases that exist towards the black community have required many of us to rethink systems and laws that unconsciously perpetuate racial discrimination. This article uses state, federal, and local lawsuits to argue the case against nuisance ordinances and the negative effects they can have on victims of domestic abuse, namely black women. We dive into the histories and statistics of domestic violence and nuisance ordinances. We provide evidence that indicates a correlation between domestic violence victim’s fear of reaching out for help, and nuisance ordinances being in place. Finally, we urge the federal government to amend …
Environmental Law As Segregation,
2021
Barry University
Environmental Law As Segregation, Nadia B. Ahmad, Melissa Bryan
Faculty Scholarship
No abstract provided.
The Hague Rules On Third-Party Joinder: A Revised Framework,
2021
University of Michigan Law School
The Hague Rules On Third-Party Joinder: A Revised Framework, Emma Macfarlane
Michigan Business & Entrepreneurial Law Review
This paper critically assesses the Hague Rules’ stance on third-party joinder. Third-party joinder is an important feature in business human rights disputes. It is a mechanism that victims of human rights abuses can use to bring claims against corporate defendants where the victims do not otherwise have an underlying agreement on which to base their claim. Keeping in line with traditional conceptions of commercial arbitration, the Hague Rules are grounded in party consent to arbitrate. Conceptions of consent therefore have an outsized impact on the universe of parties who can bring actions against corporations before arbitral tribunals for human rights …
Multinational Corporations' Responsibility For Tortious And Human Rights Violations: A Comparative Study,
2021
Fordham Law School
Multinational Corporations' Responsibility For Tortious And Human Rights Violations: A Comparative Study, Fatemeh Bagherzadeh
Cardozo International & Comparative Law Review
Many legal systems make it hard for the victims of human rights violations of multinational corporations to have access to their judicial systems. Multinational corporations are so powerful that they can form our lives and also escape liabilities for the damages caused by their activities. The limited liability theory of corporate law enables the parent company of a corporate group to enjoy privileges and avoid its responsibilities for human rights violations. Recently, litigators and human rights activists are trying to hold multinational corporations liable by expanding some well-established, but infrequent applicable theories such as "piercing the corporate veil" theory. Courts …
The Fallacy Of Contract In Sexual Slavery: A Response To Ramseyer's "Contracting For Sex In The Pacific War",
2021
Georgia State University College of Law
The Fallacy Of Contract In Sexual Slavery: A Response To Ramseyer's "Contracting For Sex In The Pacific War", Yong-Shik Lee, Natsu Taylor Saito, Jonathan Todres
Michigan Journal of International Law
Over seven decades have passed since the end of the Second World War, but the trauma from the cruelest war in human history continues today, perpetuated by denial of responsibility for the war crimes committed and unjust attempts to rewrite history at the expense of dignity, life, and justice for the victims of the most serious human rights violations. The latest such attempt is a troubling recharacterization of the sexual slavery enforced by Japan during the Second World War as a legitimate contractual arrangement. A recent paper authored by J. Mark Ramseyer, entitled “Contracting for Sex in the Pacific War,” …
Masthead,
2021
Washington and Lee University School of Law
Masthead
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Table Of Contents,
2021
Washington and Lee University School of Law
Table Of Contents
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor’S Note,
2021
Washington and Lee University School of Law
Editor’S Note, Kimberly Shi
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Symposium Schedule,
2021
Washington and Lee University School of Law
Symposium Schedule
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Weathering The Pandemic: Dying Old At A Young Age From Pre-Existing Racist Conditions,
2021
University of Michigan
Weathering The Pandemic: Dying Old At A Young Age From Pre-Existing Racist Conditions, Arline T. Geronimus
Washington and Lee Journal of Civil Rights and Social Justice
Mainstream social epidemiology now acknowledges the contributions of interpersonal racism, racialized stress, and implicit bias to population health inequity. It also increasingly recognizes that current and historical racist policies place barriers in the way of healthy lifestyles by institutionalizing food deserts, housing decay, and austerity urbanism. Essential as these developments are, they only skim the surface of how insidiously structural racism establishes and reproduces population health inequity. I coined the term “weathering” to describe the effects of sustained cultural oppression upon the body. Weathering expands on the more conventional “social determinants of health” approach to understand the contextually fluctuating and …
Empathy’S Promise And Limits For Those Disproportionately Harmed By The Covid-19 Pandemic,
2021
Temple Unviersity, Beasley School of Law
Empathy’S Promise And Limits For Those Disproportionately Harmed By The Covid-19 Pandemic, Theresa Glennon
Washington and Lee Journal of Civil Rights and Social Justice
Structural race, ethnicity, and class disparities in the United States concentrated and intensified the health, economic, and psychological impact of COVID-19 for certain populations. Those same structural disparities and the belief system that maintains them may also account for the weak policy response that left the United States with high rates of infection and death, economic devastation of individuals, families, and small businesses, and psychological distress. A more equal society with a stronger pre-pandemic safety net may have prevented or eased the disproportionate hardship and avoided the drama and cliffhanging. Or the shock of a pandemic and likelihood of extreme …
School Finance, Race, And Reparations,
2021
University of Connecticut
School Finance, Race, And Reparations, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole
Washington and Lee Journal of Civil Rights and Social Justice
In this article, we explain why and how school finance reform should be a part of a reparations program for Black Americans. This article proceeds in six parts. Part I explains how Black-white school funding disparities occurred during the separate-but-equal era. Part II discusses how these funding disparities have occurred in the aftermath of the Brown decision. Parts III and IV explore why school desegregation and school finance litigation, respectively, have failed to remedy these gaps. Part V lays out a reparations framework that state legislatures could adopt to provide restitution to schools and taxpayers harmed by state policies creating …
Can “Asians” Truly Be Americans?,
2021
University of New Mexico School of Law
Can “Asians” Truly Be Americans?, Vinay Harpalani
Washington and Lee Journal of Civil Rights and Social Justice
Recent, tragic events have brought more attention to hate and bias crimes against Asian Americans. It is important to address these crimes and prevent them in the future, but the discourse on Asian Americans should not end there. Many non-Asian Americans are unaware or only superficially aware of the vast diversity that exists among us, along with the challenges posed by that diversity. Some have basic knowledge of the immigration and exclusion of Asian Americans, the internment of Japanese Americans which was upheld in Korematsu v. United States, and the “model minority stereotype”, but these are Asian Americans 101. This …
Persistent Inequalities, The Pandemic, And The Opportunity To Compete,
2021
University of California, Irvine School of Law
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Washington and Lee Journal of Civil Rights and Social Justice
Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic has laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first will focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I will explore patterns of racial and ethnic segregation in America’s schools and how those patterns are linked to additional challenges based on socioeconomic isolation. In addition, I will consider the role of language and …
Giving Due Process Its Due: Why Deliberate Indifference Should Be Confined To Claims Arising Under The Cruel And Unusual Punishment Clause,
2021
Washington and Lee University School of Law
Giving Due Process Its Due: Why Deliberate Indifference Should Be Confined To Claims Arising Under The Cruel And Unusual Punishment Clause, Shad M. Brown
Washington and Lee Journal of Civil Rights and Social Justice
This Note discusses culpability requirements for claims brought by pretrial detainees and convicted prisoners. The initial focus is on deliberate indifference, a culpability requirement formulated under the Cruel and Unusual Punishment Clause but symmetrically applied to claims arising under the Due Process Clause of the Fourteenth Amendment. The Note then shifts to Kingsley v. Hendrickson, a landmark Supreme Court decision that casts doubt on the application of Eighth-Amendment standards to Fourteenth-Amendment claims. Finally, this Note advocates for the application of objective unreasonableness, a different culpability requirement, to claims arising under the Due Process Clause. It does so on the …
