Human Rights Law Commons^™

A Path Forward: Florida's Efforts To Combat Human Trafficking, Jennifer L. Brinkley

South Carolina Law Review

No abstract provided.

Prosecuting Human Trafficking In The Wake Of Epstein: A Proposal For The Implementation Of Aggravated Human Trafficking Statutes, Katherine F. Erickson, Lynette A. Dalley

Brigham Young University Prelaw Review

In June of 2008, Jeffrey Epstein plead guilty in a Florida court on

two counts of felony prostitution for nonconsensual sex acts against

two girls under eighteen. Evidence showed, however, that the true

scope of his crime encompassed dozens of underage girls. He

was sentenced to eighteen months in jail but ended up only serving

thirteen. Because of the terms of his prison sentence, Epstein

was allowed to leave the jail during the day for work release.

Debt Bondage: How Private Collection Agencies Keep The Formerly Incarcerated Tethered To The Criminal Justice System, Bryan L. Adamson

Northwestern Journal of Law & Social Policy

This Article examines the constitutionality of statutes which allow courts to transfer outstanding legal financial obligations to private debt collection agencies. In Washington State, the clerk of courts can transfer the legal financial obligation of a formerly incarcerated person if he or she is only thirty days late making a payment. Upon transfer, the debt collection agencies can assess a “collection fee” of up to 50% of the first $100.000 of the unpaid legal financial obligation, and up to 35% of the unpaid debt over $100,000. This fee becomes part of the LFO debt imposed at sentencing, and like that …

Reimagining Reproductive Rights Jurisprudence In India: Reflections On The Recent Decisions On Privacy And Gender Equality From The Supreme Court Of India, Dipika Jain, Payal K. Shah

Human Rights Institute

In July 2018, twenty-year-old Sarita approached the Supreme Court of India seeking permission to terminate her twenty-five-week pregnancy. Sarita was a domestic violence survivor and suffered from other health complications due to epilepsy. She had learned of her pregnancy at seventeen weeks and her petition stated that she had become pregnant as a result of her husband’s refusal to use contraceptives. At twenty-one weeks, when she first approached the Bombay High Court, Sarita was just one week over the legal limit specified in the 1971 Medical Termination of Pregnancy (MTP Act), which permits termination of pregnancies on certain grounds up …

Submission To The Us State Department Commission On The Unalienable Rights, Catherine Coleman Flowers, Joann Kamuf Ward

Human Rights Institute

This submission emphasizes the centrality of economic and social rights to human rights and highlights how advocating for a hierarchy of rights that downplays their equal status is contrary to widely-recognized international norms, ignores the lived experience of individuals, and will serve to further entrench inequality. The submission urges the Commission to recognize and reaffirm the full panoply of human rights found in the Universal Declaration of Human Rights (UDHR) and subsequent human rights agreements. The discussion highlights the negative implications of a narrowed conceptualization of human rights, emphasizing that a circumscribed vision of human rights will perpetuate a system …

Comment On Us Trade And Investment Agreements Submitted To Ustr, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Comments to USTR Re: U.S.-Kenya Trade Agreement (April 28, 2020): CCSI, in response to the United States Trade Representative’s request for public comment to inform its approach to a U.S.-Kenya Trade Agreement, submitted Comments elaborating on our main points that (1) investor-state dispute settlement should not be included in any U.S.-Kenya agreement and (2) principles that should guide an investment chapter or investment provisions in any such agreement should (a) strategically support cross-border investment that produces positive development outcomes for the U.S. and Kenya, (b) facilitate and support good governance of investment projects, and (c) enhance cooperation to solve challenges …

Food In Prison: An Eighth Amendment Violation Or Permissible Punishment?, Natasha M. Clark

Honors Thesis

This piece analyzes aspects such as; Eighth Amendment provisions, penology, case law, privatization and monopoly, and food law, that play into the constitutionality of privatized prisons using food as punishment. Prisoners have protection from excessive bail and fines and from cruel and unusual punishment, as per the 8^th Amendment; however, deprivations such as restricted diets and harm caused by them is only a valid violation if the prisoner can prove deliberate indifference. Privatization of the prison industry has led to reduced quality, choice, and diversity in areas such as food, which comes at a detrimental cost to prisoners. Serving …

Clark Memorandum: Spring 2020, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society

The Clark Memorandum

• Of Rights and Responsibilities: The Social Ecosystem of Religious Freedom
• I am the Woman Who Can
• Flashes of Light: Thoughts on Circumstantial Evidence
• Capital Markets and Human Flourishing

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2020 Spring - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Spring 2020 issue of the CLIHHR Newsletter documents the Institute’s legal advocacy, research, and educational initiatives during the early stages of the COVID-19 pandemic. It features commentary on human rights and public health, the launch of structural violence teaching guides, recognition of Professor Gabor Rona’s work by the International Criminal Court, student amicus advocacy for Indigenous communities in Brazil, virtual clinic achievements, faculty outreach, and alumni and student spotlights. The newsletter reflects CLIHHR’s continued commitment to international justice, accountability, and human rights education in a time of global crisis.

Human Trafficking As "Modern Slavery": The Trouble With Trafficking As Enslavement In International Law, Cody Corliss

South Carolina Law Review

No abstract provided.

Law In The Time Of Covid-19, Katharina Pistor

Faculty Books

The COVID-19 crisis has ended and upended lives around the globe. In addition to killing over 160,000 people, more than 35,000 in the United States alone, its secondary effects have been as devastating. These secondary effects pose fundamental challenges to the rules that govern our social, political, and economic lives. These rules are the domain of lawyers. Law in the Time of COVID-19 is the product of a joint effort by members of the faculty of Columbia Law School and several law professors from other schools.

This volume offers guidance for thinking about some the most pressing legal issues the …

Terrorist Victim Or Perpetrator?: Foreign Solutions To Challenges Posed By The U.S.’S Terrorist Bars To Asylum, Stephanie Blum, Nadav Morag

Cardozo International & Comparative Law Review

This article analyzes the challenges presented by the U.S.'s Terrorism-Related Inadmissibility Grounds ("TRIG") for asylum applicants and looks overseas for potential solutions. TRIG is the method by which the U.S. government bars terrorists and those who materially support terrorism from obtaining asylum and related protections. TRIG, however, is overbroad and inefficient, encompassing terrorist victims who currently pose and never posed any threat to U.S. security. Specifically, TRIG does not consider duress, or the provision of trivial support, when analyzing whether applicants should be barred from asylum because of material support of terrorism. Additionally, current law defines a terrorist organization for …

Human Rights In Indefinite Occupation: Palestine, Sari Bashi

Cardozo International & Comparative Law Review

The article examines the tension between international humanitarian law (IHL) and international human rights law (IHRL) in the context of prolonged occupations, specifically focusing on Israel's 53-year occupation of Palestinian territory. It proposes a framework that integrates human rights norms, such as nondiscrimination and progressive realization of economic and social rights, into IHL to enhance protections for civilians under occupation. The analysis highlights the limitations of IHL in addressing long-term occupations and advocates for a more robust approach that balances military necessity with the welfare of the occupied population, while also addressing the challenges of enforcing these standards in the …

Human Rights In The Six Arab States Of The Gulf Cooperation Council (Gcc): From Vision To Reality, Eleni Polymenopoulou

Cardozo International & Comparative Law Review

The article examines the evolving landscape of human rights in Gulf Cooperation Council (GCC) States, arguing that while there is a noticeable shift toward better human rights compliance, this progress is primarily driven by economic diversification and geopolitical strategies rather than a genuine embrace of international human rights norms. The analysis highlights that despite advancements in social and economic rights, significant challenges persist in areas such as civil liberties and media freedom. The article posits that human rights are increasingly viewed as essential for economic growth and development in the region, rather than merely as universal values.

Trafficking To The Rescue?, Julie A. Dahlstrom

Faculty Scholarship

Since before the dawn of the #MeToo Movement, civil litigators have been confronted with imperfect legal responses to gender-based harms. Some have sought to envision and develop innovative legal strategies. One new, increasingly successful tactic has been the deployment of federal anti-trafficking law in certain cases of domestic violence and sexual assault. In 2017, for example, victims of sexual assault filed federal civil suits under the Trafficking Victims Protection Reauthorization Act (“TVPRA”) against Hollywood producer Harvey Weinstein. Plaintiffs argued that the alleged sexual assault conduct amounted to “commercial sex acts” and sex trafficking. Other plaintiffs’ lawyers have similarly invoked trafficking …

Paradigm Perplexities: Does International Humanitarian Law Or International Human Rights Law Govern The Gaza Border Protests Of 2018-2019, & What Are The Consequences? A Response To The Supreme Court’S Opinion In Yesh Din V. Idf Chief Of Staff (Hcj 3003/18), Anthony Carl

Cardozo International & Comparative Law Review

The note critically examines the Israeli Supreme Court's ruling on the 2018 Gaza border protests, arguing that the Court's classification of the conflict as an international armed conflict (IAC) is legally flawed. This classification allowed the Israel Defense Forces (IDF) to use live-fire policies under international humanitarian law (IHL), which the author contends is inappropriate for the context. The analysis asserts that the conflict should instead be treated as a non-international armed conflict (NIAC), with corresponding implications for the application of human rights law (IHRL). The Court's conflation of the law enforcement (LE) paradigm under IHL with the conduct of …

The Convention On The Elimination Of All Forms Of Discrimination Against Women: What Impact, If Any, Has It Had On Reproductive Health And Abortion Rights Around The World?, Casey Katz Pearlman

Cardozo International & Comparative Law Review

The note examines the impact of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on reproductive rights and abortion laws, with a focus on Ireland's 2018 repeal of the Eighth Amendment, which legalized abortion. While CEDAW did not directly cause the repeal, it contributed to a broader international framework influencing the decision. The note also compares Ireland's experience with the United States, where CEDAW has not been ratified, and highlights the ongoing challenges in advancing reproductive rights globally.

The Political Development Of Capital Punishment In The Modern Moroccan State, Mia Barr

Independent Study Project (ISP) Collection

The modern Moroccan state seen today is very young. Having only been independent from France since 1956, the country has spent the last sixty-four years crafting its post-colonial statehood. What has emerged is a hybrid political system with powers split, however unequally, between the King and his inner circle, known as the makhzen, and the Parliament. Not only is the monarchy constitutional—meaning that its legitimacy is literally written into the primary governing document of Morocco, which had its last referendum in 2011—but it is also self-sustaining and self-legitimizing, for the monarchy uses its constitutional powers to grant itself further powers …

Covid 19 In U.S. Migrant Detention Centers: The Call For Freedom In The Face Of A Global Pandemic, Salma Rojas

Independent Study Project (ISP) Collection

My research paper investigates the responses of the U.S. immigration detention system to the COVID 19 pandemic and determines the capacity of the detention centers to keep detained individuals alive and healthy. As I analyze their capacities, I look to past detention center outbreaks, updated public health resources, reports on ICE facility conditions and the testimonies of migrant people who were detained during the COVID 19 crisis. The urgency of the COVID 19 pandemic is why I dedicate part of my paper to what needs to be done to prevent the situation from worsening. In drawing from these various sources, …

From The Ulama To The Legislature: Hermeneutics & Morocco’S Family Code, Rachel Olick-Gibson

Independent Study Project (ISP) Collection

This study examines the role that Islamic law has played thus far in reforming the Moroccan Family Code, also known as the Moudawana. When King Mohammed VI reformed this law in 2004, Morocco received immediate international praise for its liberal strides towards gender equality. Through this study I investigated the hermeneutical tools and methods of ijtihad employed both by the drafters of the Moudawana and by activists leading up to the 2004 reforms. I then investigate impediments to the implementation of this Code in providing substantive legal rights to Moroccan women and the role that interpretation of Islamic law plays …