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12,315 full-text articles. Page 216 of 411.

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi 2019 Touro University Jacob D. Fuchsberg Law Center

The Future Of Disability Rights Protections For Transgender People, Kevin M. Barry, Jennifer L. Levi

Touro Law Review

No abstract provided.


Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter 2019 Touro University Jacob D. Fuchsberg Law Center

Let’S Try Again: Why The United States Should Ratify The United Nations Convention On The Rights Of People With Disabilities, Arlene S. Kanter

Touro Law Review

No abstract provided.


How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo 2019 Touro Law Center

How To Get Away With Murder: The “Gay Panic” Defense, Omar T. Russo

Touro Law Review

No abstract provided.


Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai 2019 Boston University School of Law

Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai

Faculty Scholarship

This essay is part of a symposium issue dedicated to "Constitutional Rights: Intersections, Synergies, and Conflicts" at William and Mary School of Law. I make four points. First, perfect harmony among rights might not always be normatively desirable. In fact, in some instances, such as when First Amendment and Second Amendment rights clash, we might wish to have expressive rights consistently trump gun rights. Second, we can't resolve clashes between rights in the abstract but instead must consult history in a broadly relevant rather than a narrowly "originalist" fashion. When we do so, we learn that armed expression and white …


From A "Culture Of Unwellness" To Sustainable Advocacy: Organizational Responses To Mental Health Risks In The Human Rights Field, Margaret Satterthwaite, Sarah Knuckey, Ria Singh Sawhney, Katie Wightman, Rohini Bagrodia, Adam Brown 2019 New York University School of Law

From A "Culture Of Unwellness" To Sustainable Advocacy: Organizational Responses To Mental Health Risks In The Human Rights Field, Margaret Satterthwaite, Sarah Knuckey, Ria Singh Sawhney, Katie Wightman, Rohini Bagrodia, Adam Brown

Faculty Scholarship

This Article presents findings from a qualitative study of how individual human rights advocates perceive well-being and mental health issues within the human rights field, and how human rights organizations in all regions of the world are responding to well-being concerns. The findings are based on an analysis of 110 interviews, which include advocates at 70 human rights organizations from 35 countries and more than three dozen experts; surveys of organizational policies and practices; desk research concerning well-being and mental health; and the experiences of the coauthors working as human rights practitioners with non-governmental organizations (“NGOs”) around the world.


The Business Case For Lawyers To Advocate For Corporate Supply Chains Free Of Labor Trafficking And Child Labor, E. Christopher Johnson Jr., Fernanda Beraldi, Edwin Broecker, Emily Brown, Susan Maslow 2019 Center for Justice, Rights & Dignity

The Business Case For Lawyers To Advocate For Corporate Supply Chains Free Of Labor Trafficking And Child Labor, E. Christopher Johnson Jr., Fernanda Beraldi, Edwin Broecker, Emily Brown, Susan Maslow

American University Law Review

No abstract provided.


Defending Refugees: A Case For Protective Procedural Safeguards In The Persecutor Bar Analysis, Charles Shane Ellison 2019 Duke Law School

Defending Refugees: A Case For Protective Procedural Safeguards In The Persecutor Bar Analysis, Charles Shane Ellison

Faculty Scholarship

For refugees and asylum seekers, application of the so-called persecutor bar is tantamount to a death sentence. However, the Board of Immigration Appeals -- without any real deliberation--has arrived at an interpretation of a generic-relief, burdenshifting regulation to allow for application of the persecutor bar based upon very little evidence. Even mere membership in a group with a poor human rights record has been held sufficient to switch the burden of proof and apply the bar. While the recent holding of Matter of Negusie, 27 I&N Dec. 347 (June 28, 2018) can be read and understood largely as a victory …


Law, Religion, And Secular Order, Zachary R. Calo 2019 Touro University Jacob D. Fuchsberg Law Center

Law, Religion, And Secular Order, Zachary R. Calo

Scholarly Works

This article compares the law and religion jurisprudence of the US Supreme Court and the European Court of Human Rights across three legal areas: religious symbols and religion-state relations, individual religious freedom, and institutional religious freedom or freedom of the church. Particular focus is given to the manner in which this jurisprudence reveals the underlying structure and meaning of the secular. Although there continues to be significant jurisprudential diversity between these two courts and across these legal areas, there is also emerging a shared accounting of religion, secularity, and moral order in the late modern West.


Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson 2019 Temple University

Something Else: Specific Relief For Break Of Human Rights Terms In Supply Chain Agreements, Jonathan C. Lipson

American University Law Review

No abstract provided.


Mitigating Risk, Eradicating Slavery, Ramona L. Lampley 2019 St. Mary's University School of Law, Texas

Mitigating Risk, Eradicating Slavery, Ramona L. Lampley

American University Law Review

No abstract provided.


The New Social Contracts In International Supply Chains, David Snyder 2019 American University Washington College of Law

The New Social Contracts In International Supply Chains, David Snyder

American University Law Review

No abstract provided.


Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev 2018 Academy of the General Prosecutor’s Office of the Republic of Uzbekistan

Feature Of Conclusion Of The Letter Of Credit Agreement In Business Activity, A Hidoyatullaev

ProAcademy

In this article•, the issues of entering into letter of credit agreement by business entities in business activities have been discussed.


Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat 2018 Faculty of Law, Brawijaya University, Malang, Indonesia

Restrictions Of The Rights Of Freedom Of Religions: Comparison Of Law Between Indonesia And Germany, A. A. A. Nanda Saraswati, Setiawan Wicaksono, Ranitya Ganindha, M. Choirul Hidayat

Indonesia Law Review

The rights of freedom of religion and beliefs are constitutionally guaranteed, both in Indonesia and Germany. However, the right of freedom of religion is not unlimited. This paper aims to identify and analyze (1) Why there is the right of freedom of religion is restricted, (2) What product of the law is that regulates restriction on the right of freedom of religion in Indonesia and Germany, and (3) What purpose do Indonesia and Germany have in restricting the right of freedom of religion? This paper uses a normative research method that references legislation and takes a historical and comparative approach. …


Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway 2018 Brooklyn Law School

Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway

Brooklyn Journal of International Law

The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”


From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts 2018 Brooklyn Law School

From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts

Brooklyn Journal of International Law

This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …


Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes 2018 Brooklyn Law School

Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes

Brooklyn Journal of International Law

In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …


The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings 2018 Brooklyn Law School

The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings

Brooklyn Journal of International Law

Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …


Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo 2018 Faculty of Law, Diponegoro University, Semarang, Indonesia

Women Rights Fulfillment As The Victim Of Gross Human Rights Violation: Urgency For The Sexual Violence Eradication Bill, Ani Purwanti, Rian Adhivira Prabowo

Indonesia Law Review

Heretofore in Indonesia, cases of gross violation of human rights have faced an indefinite stagnation of justice. Although the Indonesian government has ratified international human rights conventions and enacted its own system of human rights law, such laws have proven unable to fulfill the restoration of justice toward these victims in two particular aspects: convictions against the perpetrators and reparations for the victims. This article focuses on fulfilling the rights of women victims of past gross human rights violations. It will be based on normative legal research by which the existing laws are critically analyzed in order to expose the …


70 Years Of Human Rights In Global Health: Drawing On A Contentious Past To Secure A Hopeful Future, Lawrence O. Gostin, Benjamin Mason Meier, Rebekah Thomas, Veronica Magar, Tedros A. Ghebreyesus 2018 Georgetown University Law Center

70 Years Of Human Rights In Global Health: Drawing On A Contentious Past To Secure A Hopeful Future, Lawrence O. Gostin, Benjamin Mason Meier, Rebekah Thomas, Veronica Magar, Tedros A. Ghebreyesus

Georgetown Law Faculty Publications and Other Works

The Universal Declaration of Human Rights, adopted on Dec 10, 1948, established a modern human rights foundation that has become a cornerstone of global health, central to public health policies, programmes, and practices. To commemorate the 70th anniversary of this seminal declaration, we trace the evolution of human rights in global health, linking the past, present, and future of health as a human right. This future remains uncertain. As contemporary challenges imperil continuing advancements, threatening both human rights protections and global health governance, the future will depend, as it has in the past, on sustained political engagement to realise human …


The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai 2018 University of California, Berkeley

The Colourful Truth: The Reality Of Indigenous Overrepresentation In Juvenile Detention In Australia And The United States, Rachel Thampapillai

American Indian Law Journal

No abstract provided.


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