A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society,
2016
DePaul University
A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer
International Human Rights Law Journal
The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction,
2016
Keimyung University
Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley
International Human Rights Law Journal
Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …
The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America,
2016
University of Georgia School of Law
The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America, Phillip L. Ray Jr., J. Sherrod Taylor
Georgia Journal of International & Comparative Law
No abstract provided.
Progress Report On United Nations Human Rights Activities To Protect Prisoners,
2016
University of Georgia School of Law
Progress Report On United Nations Human Rights Activities To Protect Prisoners, Richard H. Goolsby
Georgia Journal of International & Comparative Law
No abstract provided.
International Adjudication Of Human Rights And The European Court Of Human Rights: A Survey Of Its Procedural And Some Of Its Substantive Holdings,
2016
University of Georgia School of Law
International Adjudication Of Human Rights And The European Court Of Human Rights: A Survey Of Its Procedural And Some Of Its Substantive Holdings, Sigmund A. Cohn
Georgia Journal of International & Comparative Law
No abstract provided.
The International League For Human Rights: The Strategy Of A Human Rights Ngo,
2016
University of Georgia School of Law
The International League For Human Rights: The Strategy Of A Human Rights Ngo, Laurie S. Wiseberg, Harry M. Scoble
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Legislation And U.S. Foreign Policy,
2016
University of Georgia School of Law
Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights And Foreign Policy,
2016
U.S. Secretary of State
Human Rights And Foreign Policy, Cyrus Vance
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction,
2016
University of Georgia School of Law
Introduction, Dean Rusk
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2016
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Is Modern Day Slavery A Private Act Or A Public System Of Oppression?,
2016
Seattle University School of Law
Is Modern Day Slavery A Private Act Or A Public System Of Oppression?, Maria L. Ontiveros
Seattle University Law Review
The government focuses on trafficking as the definitive form of modern day slavery. In doing so, it portrays modern day slavery as a private act with identifiable wrongdoers and views the Thirteenth Amendment through the lens of forced labor. Workers’ advocates, on the other hand, portray modern day slavery as a systemic form of oppression, supported by governmental policies on immigration and occupational exclusions. These groups focus on the Thirteenth Amendment through the lens of class. A historical analysis suggests that the proper approach views the Thirteenth Amendment through the lens of both class and labor.
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits,
2016
Seattle University School of Law
The Thirteenth Amendment, Disparate Impact, And Empathy Deficits, Darrell A.H. Miller
Seattle University Law Review
Modern civil rights policy is, as the late Justice Scalia warned, at “war.” On the one hand, some laws, like Title VII of the Civil Rights Act of 1964 (Title VII) and the Fair Housing Act, can impose liability for decisions due to their racial impacts rather than their racial motivation. Defendants in such cases can always respond that the challenged decision (a test, a criterion, an allocation) is necessary in some legally cognizable sense; but the courthouse doors open with the prima facie case of disparate impact. On the other hand, the Fourteenth Amendment’s Equal Protection Clause, ever since …
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace,
2016
Seattle University School of Law
The Last Legally Beaten Servant In America: From Compulsion To Coercion In The American Workplace, Lea Vandervelde
Seattle University Law Review
Historically, the law of master-servant allowed corporal punishment. Today it seems strange to contemplate that intentionally inflicted violence was ever an acceptable method of compelling workers to labor in America. Strange as it seems, the practice of striking servants to discipline them was considered a legitimate, implicit part of the relationship between masters and servants. Servants, as well as slaves, could be subjected to cuffings and even severe beatings as means of “correction” and compulsion to labor. Menial servants, apprentices, and domestic servants could be beaten with hands, fists, straps, sticks, and sometimes whips, all in the name of correction …
Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States,
2016
Seattle University School of Law
Of Swords, Shields, And A Gun To The Head: Coercing Individuals, But Not States, Aviam Soifer
Seattle University Law Review
This Article begins with a brief reprise of what should be a textual “gotcha” about the Enforcement Clauses of the post-Civil War Amendments—if our current Supreme Court Justices actually cared about original texts, originalism, or a combination of the two. Next, the Article focuses on the gnarled issue of “coercion.” It argues that, contrary to a great deal of Anglo-American legal doctrine, coercion is best understood along a spectrum rather than as a binary phenomenon. Coercion is actually much contested and highly contextual across many legal categories. Federal coercion—also described as commandeering or dragooning— has become a particular constitutional focus …
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen,
2016
Seattle University School of Law
The Thirteenth Amendment At The Intersection Of Class And Gender: Robertson V. Baldwin’S Exclusion Of Infants, Lunatics, Women, And Seamen, James Gray Pope
Seattle University Law Review
In Robertson v. Baldwin, the Supreme Court held that merchant seamen under contract could be legally compelled to work notwithstanding the Thirteenth Amendment’s prohibition on slavery and involuntary servitude. According to the Court, seamen were “deficient in that full and intelligent responsibility for their acts which is accredited to ordinary adults,” and therefore could—along with children and wards—be deprived of liberty. Over the past few years, however, several courts have applied statutory bans on “involuntary servitude” and “forced labor” (a “species of involuntary servitude”) to protect women and children in domestic settings. These cases suggest that Robertson’s categorical exclusion is …
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond,
2016
Seattle University School of Law
A New Peonage?: Pay, Work, Or Go To Jail In Contemporary Child Support Enforcement And Beyond, Noah D. Zatz
Seattle University Law Review
Child support enforcement is one of several contemporary contexts in which the state threatens to incarcerate people if they fail to work. This symposium essay explores whether this practice violates the Thirteenth Amendment’s ban on involuntary servitude. At first glance, such threats fall squarely within the ambit of the early 20th century peonage cases. There, the Supreme Court struck down criminal enforcement of legal obligations to work off a debt. Several modern courts have declined to reach a similar conclusion when child support enforcement puts obligors to a choice between paying, working, and going to jail. To do so, these …
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations,
2016
Seattle University School of Law
The Paradox Of The Right To Contract: Noncompete Agreements As Thirteenth Amendment Violations, Ayesha Bell Hardaway
Seattle University Law Review
Employers in a variety of fields are increasingly imposing noncompete agreements on their workers as a condition of the workers’ at-will employment. These employees are working at or near minimum wage, in positions that require little or no advanced technical skills. Major news sources have highlighted this issue while covering recent employment litigation between Jimmy Johns and a pair of its former employees. In this litigation, two plaintiffs filed suit in federal court seeking injunctive relief and declaratory judgment invalidating the noncompete and confidentiality agreements that they signed with the sandwich maker. Granting defendant’s motion to dismiss, the Illinois District …
The Constitution And Slavery Overseas,
2016
Seattle University School of Law
The Constitution And Slavery Overseas, George Rutherglen
Seattle University Law Review
This Article examines the resources available under American law to address the issues raised by extraterritorial enforcement of one of the most widely recognized human rights—to be free from physical coercion and the loss of liberty. Part I reviews the history of adoption, interpretation, and enforcement of the Thirteenth Amendment. The scope of the Amendment gradually expanded through the joint efforts of Congress and the Supreme Court, resulting in a prohibition that now goes beyond involuntary servitude to all forms of peonage, whether supported by state or private action. Part II then looks to other sources of congressional power—the Commerce …
Slave Contracts And The Thirteenth Amendment,
2016
Seattle University School of Law
Slave Contracts And The Thirteenth Amendment, John C. Williams
Seattle University Law Review
The Thirteenth Amendment—the commandment that “neither slavery nor involuntary servitude . . . shall exist within the United States”— did not truly eradicate incidents of slavery. This is hardly a controversial point. The postwar emergence of the Black Codes—laws meant to confine African Americans’ ability to rent, travel, and live as free humans would expect to—ensured that slavery’s conditions continued unabated. The Amendment itself permits slavery to exist “as a punishment for crime whereof the party shall have been duly convicted.” Still, did the Thirteenth Amendment not abolish the most fundamental characteristic of chattel slavery—the ability to trade in and …
“They Outlawed Solidarity!”,
2016
Seattle University School of Law
“They Outlawed Solidarity!”, Richard Blum
Seattle University Law Review
In attacking § 8(b)(4)(ii)(B)’s ban on secondary labor picketing in support of a consumer boycott as a violation of the First Amendment, critics have repeatedly condemned the Supreme Court’s reliance on a supposed distinction between “pure speech” and “speech plus conduct,” such as a picket. The Court’s invocation of an “unlawful objectives” doctrine to defend banning speech contrary to public policy has also been repeatedly criticized. After all, picketing has been recognized as protected expressive activity and it is entirely lawful for consumers to choose to boycott the target of a picket. However, commentators have not sought to argue that …
