Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018,
2019
Faculty of Law Universitas Jember
Kajian Tentang Model Rencana Aksi Daerah Hak Asasi Manusia (Radham) Kabupaten Bondowoso Tahun 2018, Al Khanif Dr., Rosita Indrayati, Muhammad Bahrul Ulum, Dina Wildana, Adam Muhshi, Nurul Laili Fadhilah, Ayu Citra Satyaningtyas
Jurnal Hukum & Pembangunan
This article discusses Bondowoso District's regional human rights action plan (RADHAM) 2018. The focus of the 2018 RADHAM study explains the background and focus of Bondowoso's 2018 RADHAM policy as the basis for human rights-based policy making in the area. In the context of the division of power between the central and regional governments in the era of autonomy, human rights policy planning becomes complex because there are several regional and central policies that are mutually conflicting so that the mechanism for fulfilling human rights in the regions becomes complicated. To map this issue, local governments need a policy mechanism …
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law,
2019
Boston University School of Law
The Past As Present, Unlearned Lessons And The (Non-) Utility Of International Law, Susan M. Akram
Faculty Scholarship
The contemporary moment provides an acute illustration of the dangers of historical amnesia—as if the Trump Administration’s policies of exclusion, extremist nationalism, and presidential imperialism were singular to ‘now,’ and entirely reversible in the next election. This Article argues to the contrary; that we have been down this road before, and the current crisis in immigration and refugee policies is the inevitable development of trends of racism, including anti-Arab, anti-Muslim racism and xenophobia, that have only become normalized by the populist resurgence of Trumpism. If this premise is correct—that we are experiencing a culmination of a historical trajectory—what lessons from …
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims,
2019
Brooklyn Law School
Persecution Restitution: Removing The Jurisdictional Roadblocks To Torture Victim Protection Act Claims, Michael J. Stephan
Brooklyn Law Review
The Center for Victims of Torture estimates that as many as 1.3 million torture victims are living in the United States, but few of them have ever sought recourse against their offenders. Instead, most victims of torture flee the region where they are at risk of being further victimized and seek refuge in the United States. Fortunately, the United States provides a judicial method of recovery for those who have suffered, even when that suffering took place abroad at the hands of a foreign individual. The Torture Victim Protection Act of 1991, or TVPA, allows torture victims to pursue damages …
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq,
2019
Pepperdine University
Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty
Pepperdine Law Review
Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient to …
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons,
2019
Pepperdine University
Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin
Journal of the National Association of Administrative Law Judiciary
In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries address …
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment,
2019
William & Mary Law School
To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Challenging The Constitutionality Of Private Prisons: Insights From Israel,
2019
William & Mary Law School
Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Film Review: The Uncondemned,
2019
Kingston University
Film Review: The Uncondemned, Jessica M. Adach
Genocide Studies and Prevention: An International Journal
Film Review of The Uncondemned
Human Rights Law And The Investment Treaty Regime,
2019
Columbia Law School, Columbia Center on Sustainable Development
Human Rights Law And The Investment Treaty Regime, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with …
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives,
2019
Alexander Blewett III School of Law at the University of Montana
'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills
The Scholar: St. Mary's Law Review on Race and Social Justice
Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore the roots …
The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health,
2019
Georgetown University
The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
A new report by The Lancet-O’Neill-Georgetown University Commission on Global Health and the Law shows how law can fulfill the global pledge of the human right to health, while “leaving no one behind.” I call this “global health with justice.” We need both health and justice. By global health, I mean ever increasing indicators of good health and increased longevity in all countries around the world. By justice I mean that the global “good” of health must be fairly distributed both within and among countries. The Lancet Commission report offers a comprehensive roadmap towards realizing the law’s power to make …
Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls,
2019
Dream On International, Africa and the United States
Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett
Dignity: A Journal of Analysis of Exploitation and Violence
Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of …
Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context,
2019
Brandeis University Heller School for Social Policy & Management
Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context, Brandy F. Henry
Concordia Law Review
This article users a human rights lens to examine prison privatization in the US. The analysis builds on the 2009 Israeli Supreme Court ruling against the privatization of prisons, which relied on the human rights theories of both decommodification and dignity. The Israeli interpretations of dignity, and decommodification theory as related to the privatization of prisons suggest that prison privatization results in the commodification of both the state and prisoner, through the improper delegation of governmental power, which results in an infringement of the prisoner's human right to dignity. This argument is examined in the context of US statute and …
Who Takes Action To Promote The Health Of Refugees And Migrants,
2019
Georgetown University Law Center
Who Takes Action To Promote The Health Of Refugees And Migrants, Lawrence O. Gostin, Ibrahim Abubakar, Ranieri Guerra, Sabina F. Rashid, Eric A. Friedman, Zsuzsanna Jakab
Georgetown Law Faculty Publications and Other Works
Migration is a defining issue of our time, with 1 billion migrants globally, of whom 258 million have crossed borders. Climate change and political instability propel ever-greater displacement, with major detriments to health. Policies that fail to prevent human trafficking or guarantee essential services undermine Universal Health Coverage (UHC) and the global pledge to “leave no one behind.” The World Health Assembly should robustly implement WHO’s Global Action Plan (GAP) on the Health of Refugees and Migrants.ugees and Migrants.
Indigenous Women's Bodies: Primer Territorio De Defensa,
2019
University of San Francisco
Indigenous Women's Bodies: Primer Territorio De Defensa, Ana Gabriela Avalos Tizol
Master's Theses
The teen pregnancy “epidemic” in Guatemala is a focal point when international and national NGOs demand that the government protect the civil and political rights of girls. In accordance, the state created laws (legal age for marriage - Ordinance 13-2017), implemented penal codes (statutory rape - Article 173) and created Programa Vida (conditional cash transfer of Q. 1,500 - $200 every two months) to address this ‘epidemic.’ Yet, only sixty-one teen mothers were involved in the program by the first year in 2018, indicating its inaccessibility. This thesis proposes to challenge the dominant narrative on teenage pregnancies, which blames “Mayan …
A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?,
2019
Seattle University School of Law
A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy
American Indian Law Journal
No abstract provided.
Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section,
2019
Seattle University School of Law
Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams
American Indian Law Journal
This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for …
Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case,
2019
Seattle University School of Law
Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner
American Indian Law Journal
No abstract provided.
Universal Human Rights And Constitutional Change,
2019
William & Mary Law School
Universal Human Rights And Constitutional Change, David Sloss, Wayne Sandholtz
William & Mary Bill of Rights Journal
Scholars have written volumes about the dramatic constitutional changes that occurred in the United States in the decades after World War II. Several leading scholarly accounts adopt an internal perspective, focusing primarily on domestic factors that drove constitutional change. Other scholars adopt a more transnational perspective, linking domestic constitutional change in the United States to Cold War politics, or to the rise of totalitarianism. This Article builds on the work of scholars like Mary Dudziak and Richard Primus who have emphasized the transnational factors that contributed to constitutional change in the United States. However, our account differs from both Dudziak …
Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law,
2019
William & Mary Law School
Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld
William & Mary Bill of Rights Journal
No abstract provided.
