Restoring The Rights Multiplier: The Right To An Education In The United States,
2020
Brooklyn Law School
Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis
Journal of Law and Policy
In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …
Amicus Memoriais,
2020
Benjamin N. Cardozo School of Law
Amicus Memoriais, Jocelyn Getgen Kestenbaum, Cardozo Human Rights & Atrocity Prevention Clinic
Amicus Briefs
Professor Jocelyn Getgen Kestenbaum and the Human Rights and Atrocity Prevention Clinic submitted an amicus brief in the Brazilian Supreme Court for a landmark ruling for the Xokleng people.
“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications,
2020
University of Mississippi
“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day
Honors Theses
From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …
The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border,
2020
University of Miami Law School
The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul
University of Miami Inter-American Law Review
No abstract provided.
Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage,
2020
University of Cincinnati College of Law
Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng
Immigration and Human Rights Law Review
The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws …
Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings,
2020
University of Cincinnati College of Law
Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison
Immigration and Human Rights Law Review
When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court has held that those agents should be held civilly liable for their actions, as shown by its decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. Applicable constitutional violations include those which infringe on any individuals’ constitutional rights. This includes violations of the constitutional rights of noncitizens. Although the Supreme Court disfavors expansion of Bivens claims and has only extended this remedy twice, in Davis v. Passman and Carlson v. Green, the Ninth Circuit Court recently approved such expansion in a …
Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims,
2020
University of Cincinnati College of Law
Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur
Immigration and Human Rights Law Review
Despite an uptake in legislation criminalizing domestic violence since the 1990’s, women in Latin America still face the highest rates of gender-based and domestic violence of any region in the world. In Central America, two-thirds of female homicide victims are killed because of their status as a woman (also known as “femicide”) and half of women face this fate at the hands of a current or former partner. The violence perpetuates at such an alarming rate because investigations into gender-based violence are nearly non-existent in the region. In 2016, it was reported that up to ninety-eight percent of cases involving …
Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies,
2020
American University
Cases Studied In Genocide Studies And Prevention And Journal Of Genocide Research And Implications For The Field Of Genocide Studies, Jeffrey Bachman
Genocide Studies and Prevention: An International Journal
The adoption of the Genocide Convention in 1948 was accompanied by the emergence of genocide as a field of study, first in the form of Holocaust Studies, followed by Genocide Studies, then Comparative Genocide Studies and, most recently, Critical Genocide Studies. Over the last 20-30 years, the field of genocide studies has greatly expanded. According to Alexander Hinton, “As the outlines of the field emerge more clearly, the time is right to engage in critical reflections about the state of the field.” This article seeks to enhance the field of genocide studies by answering Hinton’s call for reflective analysis. It …
Conceptualizing Global Indigenous Rights,
2020
Humboldt State University
Conceptualizing Global Indigenous Rights, Kerri J. Malloy
Faculty Research, Scholarly, and Creative Activity
No abstract provided.
Ethel Dlamini (Born Gule) V Prince Chief Gasawangwane (93/2018b) [2019] Szsc 40 (Judgment 8 October 2019),
2020
Ph.D. law candidate, University of KwaZulu-Natal
Ethel Dlamini (Born Gule) V Prince Chief Gasawangwane (93/2018b) [2019] Szsc 40 (Judgment 8 October 2019), Simangele D. Mavundla
SAIPAR Case Review
The significance of the case of Ethel Dlamini is found in the Supreme Court’s progressive interpretation of the chain of events that were being inflicted to Mrs Dlamini as a violation of her dignity. The court could have looked into the requirements of an interdict to see if Mrs Dlamini’s case was in line with them or not. These are whether the applicant has a prima facie right; apprehension of irreparable injury, and that there is no other satisfactory remedy. Instead, the Court observed that Mrs Dlamini was deprived arbitrarily of the field given to her by her father-in-law and …
The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China,
2020
San Jose State University
The Problematic Nature Of Execution By Lethal Injection In The United States And People’S Republic Of China, Franchesca Fanucchi
Themis: Research Journal of Justice Studies and Forensic Science
The United States and the People’s Republic of China perceive the death penalty as a fundamental feature of the criminal justice system. Lethal injection procedures provide these countries with the humane disguise necessary to preserve capital punishment in an environment of evolving societal standards. However, this essay examines the highly problematic nature of execution by lethal injection due to numerous medical, procedural, and bureaucratic concerns often concealed from the public and press. The low-visibility nature of lethal injection in the United States and China has become troublesome, especially since it prevents public, academic, and medical evaluation on the procedure's humaneness …
Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group,
2020
Harvard University
Revisiting Immutability: Competing Frameworks For Adjudicating Asylum Claims Based On Membership In A Particular Social Group, Talia Shiff
University of Michigan Journal of Law Reform
The Immigration and Nationality Act (INA) defines a refugee as any person who has a “well-founded fear of persecution on account of race, religion, nationality, membership of a particular social group or political opinion.” An emerging issue in U.S. asylum law is how to define the category “membership of a particular social group.” This question has become ever-more pressing in light of the fact that the majority of migrants seeking asylum at the U.S.-Mexico border are claiming persecution on account of their “membership in a particular social group.” The INA does not define the meaning of “particular social group” and …
The Limits And Possibilities Of Data-Driven Antitrafficking Efforts,
2020
Georgia State University College of Law
The Limits And Possibilities Of Data-Driven Antitrafficking Efforts, Jennifer Musto Ph.D.
Georgia State University Law Review
An examination of technology in the countertrafficking space reveals recurring tensions between law enforcement and rights-based approaches. It also illuminates assumptions, such as the one that posits more law enforcement-focused, nonstate-actor-supported data-driven efforts are necessary to securing justice for people in trafficking situations. However, a closer look at how technology is used and by whom also invites us to ask different questions and to leverage the power of our all-too-human creative potential in thinking about how to value and prioritize data ethics, transparency, and accountability in future countertrafficking work.
From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis.,
2020
University of Louisville
From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark
College of Arts & Sciences Senior Theses
This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …
Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers,
2020
University of Nebraska at Omaha
Responding To Victims Of Human Trafficking In The United States: A Review Of Treatment Providers, Morgan A. Mcbride
Theses/Capstones/Creative Projects
Scholars have made strides to illuminate the scope and nature of human trafficking, but there have been minimal efforts to inform responses to victims. Importantly, if we do not address the issues that made people vulnerable in the first place, then they could be susceptible to re-victimization in the future. It is vital then that treatment agencies are available and engaging in effective practices to maximize recovery efforts. Thus, the current study examined treatment providers in the United States in two stages to determine how they respond to victims of these crimes. In the first stage, a systematic literature review …
Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap,
2020
Dalhousie University Schulich School of Law
Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian
LLM Theses
As concerns about the negative impacts of sanctions on the human rights of civilians and the environment increases, it is necessary to reflect upon the lawfulness and legal status of such measures in international law, and their impact on business enterprises and the field of Business and Human Rights (BHR). While current academic literature tends to focus on implementation, enforcement and business compliance with unilateral and multilateral sanctions, the negative impacts of sanctions on non-state actors and resulting human rights violations are overlooked. Specifically, the relationship between sanctions law and the responsibility of businesses to respect human rights and the …
George Peter Mwanza And Melvin Beene V Attorney General Appeal No. 153/2016 Sc Selected Judgment No. 33 Of 2019,
2020
University of Zambia
George Peter Mwanza And Melvin Beene V Attorney General Appeal No. 153/2016 Sc Selected Judgment No. 33 Of 2019, Ellah T.M. Siang’Andu
SAIPAR Case Review
On the 9th December 2019, the Supreme Court of Zambia delivered a landmark decision changing the human rights jurisprudence in the context of protecting and preserving the fundamental human rights of prisoners. The appellants were HIV positive and were both in custody at the Lusaka Central Prison. They petitioned the High Court contending breach of their rights to life and protection from inhuman treatment contrary to the Republican Constitution. The argument of the appellants was that the State’s failure to consider their dietary and health needs, due to the budgetary and logistical restraints, fell short of all prescribed standards for …
Not Your Average Summer Camp: Children In Immigration Detention,
2020
St. Mary's University School of Law
Not Your Average Summer Camp: Children In Immigration Detention, Cindy Izquierdo
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
‘Sexualized Slavery’ And Customary International Law,
2020
Benjamin N. Cardozo School of Law
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
Book Chapters
This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …
Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings,
2020
St. Mary's University School of Law
Divided States Of America: Why The Right To Counsel Is Imperative For Migrant Children In Removal Proceedings, Catrina L. Guerrero
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming.
