Human Rights Law Commons^™

The Current State Of Election Law In The United States, Mark Rush

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Overtime: Are Public Employees Compensated For Working Extra Hours?, Thomas P. Dematteo

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

An Examination Of Trans Fat Labeling: Splitting The Third & Ninth Circuit, Jack Gainey

Washington and Lee Journal of Civil Rights and Social Justice

At first glance, consumer claims alleging misleading labeling would seem to find a simple resolution. Under 21 U.S.C. § 343, which governs misbranded food, a food product is misbranded if “its labeling is false or misleading.” However, controversial interpretation of seemingly straightforward statutory language, together with evolving case law, have blurred a once clear picture. Disagreement over the federal preemption of consumer claims regarding trans fat, underscored by a dispute regarding standing, have combined to create a divergence of opinions between courts across the country.

In 2011, the United States District Court for the Northern District of California considered a …

Virginia’S Interpretation Of Ake V. Oklahoma: A Hollow Right, Andrew Monaghan Higgins

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Jewish Honor Courts: Revenge, Retribution, And Reconciliation In Europe And Israel After The Holocaust, David Abraham

Articles

No abstract provided.

Americas Coverage, Human Rights Brief

Human Rights Brief Spring 2017 Regional Coverage

No abstract provided.

Sub-Saharan Africa Coverage, Human Rights Brief

Human Rights Brief Spring 2017 Regional Coverage

No abstract provided.

Columbia Law School Think Tank Provides Testimony To New York City Council On Gender And Racial Equity Training, Public Rights/Private Conscience Project

Center for Gender & Sexuality Law

April 27, 2017 — On Monday, April 24, Ashe McGovern, Legislative and Policy Director of Columbia Law School’s Public Rights/Private Conscience Project (PRPCP) testified before the New York City Council Committee on Women’s Issues on a bill that would require several city agencies to undergo training on “implicit bias, discrimination, cultural competency and structural inequity, including with respect to gender, race and sexual orientation.”

The Role Of Legal Advocates In Transnational Judicial Dialogue: The Abolition Of The Mandatory Death Penalty And The Evolution Of International Law, Andrew Novak

Cardozo Journal of International and Comparative Law

The article examines the role of transnational legal citation and advocacy in shaping constitutional norms, particularly in the context of the death penalty. It argues that lawyers and human rights advocates are driving a global consensus against the mandatory death penalty by strategically citing international and foreign jurisprudence. This process highlights the interplay between domestic and international law, demonstrating how transnational legal discourse can influence law reform and the abolition of practices deemed cruel and degrading.

Land, Property And Sovereignty In International Law, Lorenzo Cotula

Cardozo Journal of International and Comparative Law

This article charts the relationship between land and international law. Tracing evolutions since the very origins of international legal ordering, the article identifies sovereignty and property as the two key concepts that have traditionally framed claims to land in international law. For centuries, international jurists primarily considered sovereignty and property claims in the context of changes in, and disputes over, territorial control. However, developments in international human rights, investment and environmental law have reconfigured the internal dimensions of the land-property-sovereignty.nexus, redefining space for states lawfully to exercise their sovereign powers vis-d-vis property within their jurisdiction.

Relevant international instruments advance diverse …

Response To The Influence Of Exile: Three Stories, Bill Quigley

Maryland Law Review Online

When I read Professor Sara Rankin’s article, The Influence of Exile,[I was reminded of three recent stories of how law, government, and business worked together to try to exile the homeless in our community. Though all parties continuously profess to be concerned only with the well-being of homeless people themselves, the laws transparently marginalize them. Though the following three stories about the impact of these laws are local to New Orleans, Louisiana, I am absolutely sure there are similar stories of similar happenings in most communities across the nation.

Professor Rankin’s article examines the very big picture …

Thick Law, Thin Justice, Patrick Macklem

Michigan Law Review

Review of The Thin Justice of International Law: A Moral Reckoning of the Law of Nations by Steven R. Ratner.

Paese Di Accoglienza: Il Successo Di Un Modello Innovativo Di Accoglienza Dei Richiedenti Asilo In Italia, Isabela Arena Secanechia

Senior Capstone Theses

This work discusses Italy's migrant reception system including its flaws and their effects. Furthermore, this work explores an alternative, sustainable model of migrant reception created in Riace, Calabria, that has been successful in varying towns across Italy. Ultimately, this work argues that this system, which is beneficial to both Italians and incoming migrants — specifically asylum seekers — can and should be implemented nationally to counter the current flawed system.

Amnesty For Even The Worst Offenders, Jay Butler

Faculty Publications

In recent years, global policy makers have declared that heads of state must be held accountable through criminal prosecution for internationally wrongful acts. Scholars too have insisted that the international system’s embrace of accountability excludes or renders illegal the granting of amnesty. This Article argues that that position is too narrow and uses the ongoing conflict in Syria, as well as other contemporary examples, to examine some of consequences of the clamor for prosecution.

The Article rejects the binary juxtaposition of amnesty and accountability in current international legal scholarship, and instead seeks to broaden the terms of the conversation by …

Contorting Common Article 3, Michael A. Newton

Vanderbilt Law School Faculty Publications

This short Essay describes the circularity of support between the ICRC and the Pre-Trial Chambers of the ICC. Its successive sections describe the problematic potential of extending the substantive coverage of Common Article 3 to encompass members of the same armed group who commit criminal acts against one another.' In particular, the Revised Commentary fails to address the due process ramifications of an enlarged Common Article 3, even as the development of the text documented by the readily available negotiating record warrants an alternative understanding. Lastly, the ICRC position could indicate a radical shift in the very design of the …

Twenty Reasons To Publish In Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Regional Institutions Assuring The Development Of Fundamental Liberties: The American Hemisphere, John L. A. De Passalacqua

The Catholic Lawyer

No abstract provided.

The Updated Commentary On The First Geneva Convention – A New Tool For Generating Respect For International Humanitarian Law, Lindsey Cameron, Bruno Demeyere, Jean-Marie Henckaerts, Eve La Haye, Heike Niebergall-Lackner

International Law Studies

Since their publication in the 1950s and the 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of these treaties. The International Committee of the Red Cross (ICRC), together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations. The work on the first updated Commentary, the Commentary on the First Geneva Convention relating to the protection of the wounded and sick in the armed forces, has already been finalized. This article provides …

Cracking The Toughest Nut: Colombia's Endeavour With Amnesty For Political Crimes Under Additional Protocol Ii To The Geneva Conventions, Marie-Claude Jean-Baptiste

Notre Dame Journal of International & Comparative Law

After years of negotiations, the Colombian government and the Revolutionary Armed Forces of Colombia have reached an unprecedented peace agreement. The agreement, rooted in transitional justice, contains a strong and nuanced focus on political amnesty for rebel forces. The scope and nature of the agreement has garnered international attention and praise. Of particular interest is whether the amnesty provision under the peace agreement is compatible with international law. This legal brief tracks the contours of existing international law on amnesty for political crimes—specifically under Additional Protocol II to the Geneva Conventions—to analyze this compatibility. The conclusion is that all relevant …

A Human Rights Perspective To Global Battlefield Detention: Time To Reconsider Indefinite Detention, Yuval Shany

International Law Studies

This article discusses one principal challenge to detention without trial of suspected international terrorists—the international human rights law (IHRL) norm requiring the introduction of an upper limit on the duration of security detention in order to render it not indefinite in length. Part One of this article describes the “hardline” position on security detention, adopted by the United States in the immediate aftermath of the 9/11 terror attacks (followed, with certain variations, by other countries, including the United Kingdom and the State of Israel), according to which international terrorism suspects can be deprived of their liberty without trial for the …