Human Rights, Human Dignity, And The Concept Of Honour: A German Perspective,
2017
Julius-Maximilians-Universität Würzburg
Human Rights, Human Dignity, And The Concept Of Honour: A German Perspective, Eric Hilgendorf
Cardozo Journal of International and Comparative Law
The overuse of terms like human rights, human dignity, and honour in European legal discourse risks diminishing their normative impact. Rooted in Enlightenment ideals and reactions to historical injustices, these concepts are central to German law, balancing individual rights with freedoms like expression. However, their broad application, especially in criminal law, necessitates a more precise definition to preserve their legal potency.
Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law,
2017
Hadassah Academic College
Human Dignity In Judicial Decisions: Principles Of Application And The Rule Of Law, Doron Shultziner
Cardozo Journal of International and Comparative Law
Human dignity has become a central legal concept worldwide and has been increasingly employed in judicial decisions in many jurisdictions, including in countries that do not incorporate it into their constitutions. However, due to the acknowledged vagueness of the concept, scholars and judges alike have identified many difficulties in its application and specific challenges that it poses to the rule of law. This Article addresses those challenges and proposes four formal principles for the use of human dignity in judicial decisions: using the concept strictly in relation to written law; defining the concept and its actual meaning in rulings; maintaining …
From The Bill Of Rights To Basic Laws: Constitutional Rights In Israel,
2017
Israeli Supreme Court
From The Bill Of Rights To Basic Laws: Constitutional Rights In Israel, Isaac Amit
Cardozo Journal of International and Comparative Law
The article explores the development and application of constitutional rights in Israel, emphasizing the unique challenges faced by the Israeli Supreme Court due to the absence of a formal constitution. It highlights how the judiciary has played a pivotal role in shaping constitutional rights through the interpretation of Basic Laws and common law, while navigating the complexities of Israel's multicultural and often polarized society. The analysis underscores the use of comparative law and the balancing of individual rights against state interests, particularly in matters of security and social welfare.
Protecting Victims Of Human Trafficking: Creating Better Residency Visas,
2017
Benjamin N. Cardozo School of Law
Protecting Victims Of Human Trafficking: Creating Better Residency Visas, Efthimia Barbagiannis
Cardozo Journal of International and Comparative Law
The note critiques the international approach to combating human trafficking, arguing that efforts prioritize prosecution over victim protection, leading to inadequate support for victims and increased risks of re-trafficking. It advocates for residency visas tailored to victims' needs as a more effective protection strategy.
The Duty To Charge In Police Use Of Excessive Force Cases,
2017
New York Law School
The Duty To Charge In Police Use Of Excessive Force Cases, Rebecca Roiphe
Cleveland State Law Review
Responding to the problems of mass incarceration, racial disparities in justice, and wrongful convictions, scholars have focused on prosecutorial overcharging. They have, however, neglected to address undercharging—the failure to charge in entire classes of cases. Undercharging can similarly undermine the efficacy and legitimacy of the criminal justice system. While few have focused on this question in the domestic criminal law context, international law scholars have long recognized the social and structural cost for nascent democratic states when they fail to charge those responsible for the prior regime’s human rights abuses. This sort of impunity threatens the rule of law and …
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases,
2017
University of Toledo College of Law
Nearsighted And Colorblind: The Perspective Problems Of Police Deadly Force Cases, Jelani Jefferson Exum
Cleveland State Law Review
In dealing with the recently publicized instances of police officers’ use of deadly force, some reform efforts have been focused on the entities that are central to the successful prosecutions of police—the prosecutor and the grand jury. Some have suggested special, independent prosecutors for these cases so that the process of deciding whether to seek charges against police officers remains untainted by the necessary cooperative relationship between the police department and the prosecutor’s office. Others have urged more transparency in the grand jury process so that the public can scrutinize a prosecutor’s efforts in presenting evidence for an indictment. Still …
Restoring Independence To The Grand Jury: A Victim Advocate For The Police Use Of Force Cases,
2017
Cleveland-Marshall College of Law, Cleveland State University
Restoring Independence To The Grand Jury: A Victim Advocate For The Police Use Of Force Cases, Jonathan Witmer-Rich
Cleveland State Law Review
This Article proposes a grand jury victim advocate to represent the interests of the complainant before the grand jury in investigations into police use of excessive force. Currently, the prosecutor has near-exclusive access to the grand jury, and as a result, grand juries have become almost entirely dependent on prosecutors. Historically, however, grand juries exhibited much greater independence. In particular, grand juries have a long history in America of providing oversight over government officials, bringing criminal charges for official misconduct even when local prosecutors proved reluctant. Permitting the alleged victim of police excessive force to be represented before the grand …
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch,
2017
University of Maryland Francis King Carey School of Law
United States V. Texas And Supreme Court Immigration Jurisprudence: A Delineation Of Acceptable Immigration Policy Unilaterally Created By The Executive Branch, Daniel R. Schutrum-Boward
Maryland Law Review
No abstract provided.
Introduction To Dignity Special Issue: Freedom From Sexploitation,
2017
National Center on Sexual Exploitation
Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, July 2017,
2017
University of Michigan Law School
Contemporary Practice Of The United States Relating To International Law, July 2017, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …
Child Labor Trafficking In The United States: A Hidden Crime,
2017
Center for the Human Rights of Children at Loyola University Chicago
Child Labor Trafficking In The United States: A Hidden Crime, Katherine Kaufka Walts Jd
Center for the Human Rights of Children
Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from ”legitimate” work, including among adolescents. This article seeks …
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation,
2017
National Center on Sexual Exploitation
It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law,
2017
Seattle University School of Law
Examining Pennsylvania Human Relations Commission V. School District Of Philadelphia: Considering How The Supreme Court’S Waning Support Of School Desegregation Affected Desegregation Efforts Based On State Law, Steven L. Nelson, Alison C. Tyler
Seattle University Law Review
This study examines the enforcement of desegregation orders mandated under state law as a result of the Supreme Court’s handling of school desegregation cases at the federal level. The Article tracks the development of school desegregation cases starting shortly before Brown v. Board of Education and continues through the recent voluntary school desegregation case, Parents Involved in Community Schools v. Seattle School District No. 1. The Article establishes four distinct generations of school desegregation cases at the federal level and determines that the political tides created, in large part, by the U.S. Supreme Court’s handling of federal school desegregation cases …
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims,
2017
Seattle University School of Law
Inconsistencies In Combatting The Sex Trafficking Of Minors: Backpage’S Deceptive Business Practices Should Not Be Immune From State Law Claims, Jacqueline Hackler
Seattle University Law Review
Under federal law, the CDA has created a loophole for pimps and johns to exploit minors through the Internet. This Note uses Backpage as an example of how interactive computer services consistently evade liability under the current language of the CDA, and examines the need for an amendment to the language of the CDA. This Note argues that an interactive computer service should be held responsible under state law if it helps create the content, thus becoming an “information content provider” under the CDA. Part I provides the groundwork for what sex trafficking is and its relationship to prostitution. Additionally, …
Penal Welfare And The New Human Trafficking Intervention Courts,
2017
University of Colorado Law School
Penal Welfare And The New Human Trafficking Intervention Courts, Aya Gruber, Amy J. Cohen, Kate Mogulescu
Florida Law Review
In the fall of 2013, New York State’s Chief Judge, Jonathan Lippman, announced a “revolutionary” statewide initiative to create Human Trafficking Intervention Courts (HTICs). The initiative occurred amidst a burgeoning consensus that prostitution is human trafficking and women who engage in prostitution are largely victims of exploitation and violence. Given the HTICs’ ambition to, in Lippman’s words, “eradicate the epidemic of human trafficking,” and the convergent view of prostitution as trafficking, one might think the HTICs are courts that prosecute traffickers, where victim-witnesses enjoy special protections. In fact, the HTICs are criminal diversion courts where mostly female defendants are prosecuted …
Academic Freedom As A Human Right: The Problem Of Confucius Institutes,
2017
Western Kentucky University
Academic Freedom As A Human Right: The Problem Of Confucius Institutes, Jay Todd Richey
Mahurin Honors College Capstone Experience/Thesis Projects
Academic freedom is the ability to explore, research, and analyze any topic without prohibitions or repercussions. In the Anglo-American tradition, it is both a fundamental aspect of academia and, as this thesis argues, a fundamental human right. Although the United States embraces this core principle of academia within American universities, the People’s Republic of China (PRC) seeks to suppress the acquisition of knowledge through restrictions on topics deemed politically-sensitive to the Chinese government. Although human rights abuses pervade the PRC and academic freedom is suppressed, PRC-funded entities known as Confucius Institutes (CIs) are widely embraced at universities in liberal democracies. …
The Future Of U.S. Detention Under International Law: Workshop Report,
2017
U.S. Naval War College
The Future Of U.S. Detention Under International Law: Workshop Report, International Committee Of The Red Cross (Icrc), Harvard Law School Program On International Law And Armed Conflict (Hls Pilac), Stockton Center For The Study Of International Law (U.S. Naval War College)
International Law Studies
The International Committee of the Red Cross Regional Delegation for the United States and Canada, the Harvard Law School Program on International Law and Armed Conflict, and the Stockton Center for the Study of International Law at the U.S. Naval War College recently hosted a workshop titled Global Battlefields: The Future of U.S. Detention under International Law. The workshop was designed to facilitate discussion on international law issues pertaining to U.S. detention practices and policies in armed conflict. Workshop participants included members of government, legal experts, practitioners and scholars from a variety of countries. This report attempts to capture the …
A Truck Stop Instead Of Saint Peter's: The Trafficking Victims Protection Reauthorization Act Is Not Perfect, But It Solves Some Of The Problems Of Sosa And Kiobel,
2017
University of Georgia School of Law
A Truck Stop Instead Of Saint Peter's: The Trafficking Victims Protection Reauthorization Act Is Not Perfect, But It Solves Some Of The Problems Of Sosa And Kiobel, Jonathan S. Tonge
Georgia Journal of International & Comparative Law
No abstract provided.
Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution,
2017
University of Georgia School of Law
Military Use Of Educational Facilities During Armed Conflict: An Evaluation Of The Guidelines For Protecting Schools And Universities From Military Use During Armed Conflict As An Effective Solution, Ashley Ferrelli
Georgia Journal of International & Comparative Law
No abstract provided.
Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis,
2017
DePaul University
Judicial Oversight Of Interception Of Communications In The United Kingdom: An Historical And Comparative Analysis, David G. Barnum
Georgia Journal of International & Comparative Law
No abstract provided.
