The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality,
2021
Loyola University Chicago, School of Law
The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer
Public Interest Law Reporter
No abstract provided.
Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial,
2021
FAMU College of Law
Am I Angry? You Bet I Am! Watching The George Floyd Murder Trial, Cheryl Page
Journal Publications
We have come a mighty long way in our criminal justice system. We have gone from a period of time when people of African descent were not considered humans and were deliberately excluded from serving on jury panels to seeing Black judges, defense attorneys and prosecuting attorneys taking part in selecting more diverse juries. Progress has been made, but how far have we really journeyed, and are the vestiges of racial animus and discrimination from the Jim Crow era truly eradicated? One need not look further than the current criminal trial we are witnessing of former Minneapolis police officer Derek …
Historically Black Colleges & Universities: A Model For American Education,
2021
Florida A & M University College of Law
Historically Black Colleges & Universities: A Model For American Education, Jennifer M. Smith
Journal Publications
Hungry for freedom and knowledge, enslaved Blacks engaged in a massive general strike against slavery by transferring their labor from the Confederate planter to the Northern invader, and this decided the Civil War. In 1865, the North conquered the South, and slavery officially ended. Having been starved of the opportunity to learn to read or write, the recently emancipated Blacks were eager to learn. Within a year after slavery ended, however, Florida and other Southern states enacted laws to ensure the continuation of the vestiges of slavery in the United States. The legacy of slavery and racism evolved into an …
How Judicial Application Of Cda § 230 And Fha § 3604 Have Created Safe Havens For Online Housing Discrimination,
2021
University of Richmond - School of Law
How Judicial Application Of Cda § 230 And Fha § 3604 Have Created Safe Havens For Online Housing Discrimination, Sophia A. Studer
Law Student Publications
This article analyzes how the anti-discrimination language of Fair Housing Act section 3604 is currently out of reach for people being discriminated against online through the exclusionary language of Communications Decency Act section 230(c). The exclusionary language in CDA section 230(c) prevents liability from attaching to interactive computer service providers so long as the interactive computer service provider is not a creator or developer of information. Through the decisions of Zeran, Craigslist, and Roommate, the federal appellate courts created broad shield of immunity for interactive computer service providers, leading to a safe haven for discrimination online. Together the courts and …
Indigenous Peoples And Diplomacy On The World Stage,
2021
University of Colorado Law School
Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev
Publications
No abstract provided.
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights,
2021
University of Colorado Law School
A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone
Publications
There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women,
2021
Touro Law Center
Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala
Journal of Race, Gender, and Ethnicity
No abstract provided.
Traffickers' "F"Ing Behavior During A Pandemic: Why Pandemic Online Behavior Has Heightened The Urgency To Prevent Traffickers From Finding, Friending, And Facilitating The Exploitation Of Youth Via Social Media,
2021
Florida Agricultural and Mechanical University
Traffickers' "F"Ing Behavior During A Pandemic: Why Pandemic Online Behavior Has Heightened The Urgency To Prevent Traffickers From Finding, Friending, And Facilitating The Exploitation Of Youth Via Social Media, Nicola A. Boothe-Perry
Journal Publications
During the trans-Atlantic slave trade, millions of native Africans were tricked into slavery. Today trans-continental deception continues, ensnaring victims from every corner of the world, many of whom are vulnerable children deceived and enslaved through violence and abuse. Ranked as the second most prevalent criminal enterprise, human trafficking is a multi-billion-dollar enterprise in the United States and across the world, with many of the victims recruited, solicited and exploited via social media. The correlation between this social media exploitation and the use of technology during the 2020 pandemic (hereinafter referred to as "Pandemic Online Behavior" or "POB") highlights the need …
Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps,
2021
University of San Francisco School of Law
Promotion And Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism: Re-Education Camps, Sumaya S. Bamakhrama
University of San Francisco Law Review
No abstract provided.
Full Faith & Credit For Victims Of Human Trafficking,
2021
Saunders & Ojeda
Full Faith & Credit For Victims Of Human Trafficking, Joseph Woltmann
University of San Francisco Law Review
No abstract provided.
Human Rights Reporting As Human Rights Governance,
2021
St. John's University School of Law
Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness
Faculty Publications
Contrary to the view that the rejection of human rights treaty membership has left the United States outside the formal international human rights system, the United States has played a key role in international human rights governance through congressionally mandated human rights monitoring and reporting. Since the mid-1970s, congressional oversight of human rights diplomacy, which requires reporting on global human rights practices, has integrated international human rights law and norms into the execution of U.S. foreign policy. While the congressional human rights mandates have drifted from their original purpose to condition allocation of foreign aid, they have effectively embedded international …
Coming To Terms: Using Contract Theory To Understand The Detroit Water Shutoffs,
2021
St. John's University School of Law
Coming To Terms: Using Contract Theory To Understand The Detroit Water Shutoffs, Marissa Jackson Sow
Faculty Publications
After the City of Detroit underwent financial takeover and filed the largest municipal bankruptcy in American history in 2013, the city’s emergency manager encouraged mass water shutoffs as a way of making the city’s water utility a more attractive asset for sale— and for privatization—by ridding the water department of its association with bad debt. The sale never took place, but the water shutoff, too, became the largest ever in American history, with over 141,000 homes subjected to water disconnections over a period of over six years. The governor of the State of Michigan ordered that the shutoffs be temporarily …
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights,
2021
Seattle University School of Law
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Seattle University Law Review
One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …
Counterterrorism 2.0,
2021
Benjamin N. Cardozo School of Law
Counterterrorism 2.0, Deborah Pearlstein
Articles
Are there any lessons to be gleaned for combatting the rising threat of white nationalist terrorism today from the U.S. response to the attacks of 9/11 twenty years on? This symposium reflection suggests that among the most important lessons may be in avoiding the conceptually defining characteristics of the early U.S. response in 2001. Detainee torture and abuse, the embrace of trial by newly formed military commission, and other misguided policies and practices whose effects are still felt today were set in motion in the first few weeks after the attacks, driven by the instinct to do something, bolstered by …
Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do,
2021
St. Thomas University College of Law
Schuette And Affirmative Action: Why There Are Limits To What A Majority Of The People May Do, Rossanna C. Hernandez Mitchell
Intercultural Human Rights Law Review
This article will be divided as follows: Part I will examine American legislative history and its failure to end discrimination in fact. Part II will analyze the claims of the States and the people regarding affirmative action. Part III will explore past trends in judicial decisions and their conditioning factors, including political party platforms and United States Supreme Court appointments. Part IV will evaluate changes in those conditioning factors that may alter future decisions, including the best- and worstcase scenarios. Lastly, Part V will provide recommendations on the best approach to remediate past discriminations.
Transgender Rights & The Eighth Amendment,
2021
Western New England University School of Law
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects of culture and the law. The treatment of incarcerated transgender people is no exception. Historically, transgender people have been routinely denied access to medically necessary hormone therapy, surgery, and other gender-affirming procedures; subjected to cross-gender strip searches; and housed according to their birth sex. But these policies and practices have begun to change. State departments of corrections are now providing some, though by no means all, appropriate care to transgender people, culminating in the Ninth Circuit’s historic decision in Edmo …
Crimes Against Humanity: Little Progress On Treaty As Un Legal Committee Concludes Its Work,
2021
Washington University in St Louis School of Law
Crimes Against Humanity: Little Progress On Treaty As Un Legal Committee Concludes Its Work, Leila Nadya Sadat, Akila Radhakrishnan
Scholarship@WashULaw
The United Nations General Assembly’s legal committee again missed the opportunity to take action this year on the draft text of a new treaty on crimes against humanity proposed by the International Law Commission. The failure, in the form of a vote Nov. 18 on a draft resolution that simply took note of the draft articles, leaves a critical gap in the legal architecture for preventing and punishing mass atrocity crimes. The result deprives a range of victims and survivors the effective protection and justice they deserve.
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction,
2021
American University Washington College of Law
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2020 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and on so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
U.S. Race Relations And Foreign Policy,
2021
Ambassador (ret.), University of Michigan Law School
U.S. Race Relations And Foreign Policy, Susan D. Page
Michigan Journal of Race and Law
It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations. Ambassador …
Social Rights And The Welfare State: A Necessary Relation,
2021
Autonomous University of Tlaxcala, Mexico
Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez
Cardozo International & Comparative Law Review
The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.
