The Future Of Disability Rights Protections For Transgender People,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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.
