Human Rights Law Commons^™

The Expanding Digital Border: Ai, Surveillance, And The Fight For Justice, James Chesser

Immigration and Human Rights Law Review

As artificial intelligence transforms the mechanisms of immigration control, the modern border has become a digital filter—one governed less by geography and more by code. This Article examines the legal, technical, and ethical implications of AI-driven systems now central to global border enforcement, including biometric surveillance, algorithmic risk scoring, and predictive profiling. It explores how states use these technologies not only to manage irregular migration, but to compete for global talent—constructing migration regimes that reward capital and compliance while eroding transparency, due process, and equality.

Through an international and comparative lens, the piece highlights the expansion of algorithmic decision-making across …

Perang Irak- Iran Mengancam Keamanan Pelayaran Kapal Negara Netral, Rusdi Malik, S.H.

Jurnal Hukum & Pembangunan

Abstract

Advokat Dan Penegakan Hukum Dalam Perspektif Peradilan Pidana, Luhut M.P. Pangaribuan, S.H.

Jurnal Hukum & Pembangunan

Abstract

Interrogation Of Regents And Administrative Reliance Interests In The Context Of Vacillating Immigration Policy, Sarah Engelberg-Nolan

Fordham Law Review

Arbitrary and capricious review under the Administrative Procedure Act (APA) operates as an important agency-accountability tool when invoked as intended. But the recent U.S. Supreme Court case Department of Homeland Security v. Regents of the University of California and subsequent lower federal court cases have opened the floodgates to a more searching and potentially activist review. In Regents, the Court held that the administration of President Donald J. Trump could not rescind the discretionary immigration program Deferred Action for Childhood Arrivals (DACA) in the manner the U.S. Department of Homeland Security (DHS) attempted, in part because DHS failed to …

Armed Conflict: Addressing Violations Against Children's Human Rights, Noelia Torres Guillen

Posters - 2026

• Research question: How has armed conflict violated children's human rights, and how have international legal frameworks been effective in addressing these violations?

• The CRC sets the standard international definition, which defines a child as every human being below the age of eighteen years

• There are six grave violations: Killing and maiming of children, the recruitment or use of children as soldiers, sexual violence, abduction, attacks against schools and hospitals, and denial of humanitarian access for children.

• Argument (thesis): Although there are several legal instruments implemented to protect children's human rights during armed conflict, children are still …

Masthead

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Generative Adversarial Discrimination, Josh Fairfield

Washington and Lee Journal of Civil Rights and Social Justice

Anti-discrimination law assumes that discrimination can be detected and rectified, that the evidentiary burden of the plaintiff can in fact be met. But the evolutionary logic of AI training causes it to target vulnerable groups, lie about reasoning, and above all resist detection. Because of hidden core prompts in generative AI systems, and how those prompts interact with the nature of AI training and deployment, AI will often actively hide discrimination rather than surface and address it. Stopping this will be difficult. At present, neither humans or AI can detect this emergent dark-pattern behavior. Without legal intervention, the broad use …

Before The Last Breath: How Alabama’S Nitrogen Execution Adoption Created A Procedural Crisis On Death Row, Caroline E. Penfield

Washington and Lee Journal of Civil Rights and Social Justice

In 2024 and 2025, Alabama executed eleven people. During this time and in the years leading up to it, the State botched multiple lethal injections. Seeking an ostensibly constitutional way to continue carrying out executions, Alabama introduced death by nitrogen gas suffocation. The problems with lethal injection are not unique to Alabama, but Alabama was the first to adopt and use the novel nitrogen gas method, despite concerns from medical professionals, the public, and inmates themselves. Alabama put little to no protocol in place for inmates to exercise their statutory right to elect this method, leading to confusion and harm. …

Reel It In: Untangling The Circuit Split On The Constitutionality Of Geofence Warrants Under The Fourth Amendment, Kate P. Risser

Washington and Lee Journal of Civil Rights and Social Justice

This Note examines geofence warrants and their ongoing threat to constitutionally protected rights such as privacy, speech, and assembly. Part I will provide background information on geofence warrants and examine the prominent justifications for the use of the warrants. Part II will examine how law enforcement’s use of geofence warrants threatens citizens’ constitutionally protected fundamental rights like privacy and reproductive rights. Specifically, Part II addresses how geofence warrants disproportionately target and affect women, people of color, and low-income individuals. Part III will detail the history of the Fourth Amendment tracing its roots to before the Founding Era then exploring applicable …

People's Upr Written Record: Compiled By The International Human Rights Clinic At The University Of Illinois Chicago School Of Law And The Human Rights At Home Litigation Clinic At The Saint Louis University School Of Law, Sarah Dávila A., Lauren E. Bartlett

Faculty White Papers

This written record compiles the lived experiences of directly impacted persons. Directly impacted persons include people who have personally faced the conditions, policies, or practices documented in this written record in the United States and who have chosen to share their testimonies. The testimonies in this written record include those provided in-person, via video recording, which have been transcribed, or in writing. Testimonies are presented anonymously with ▊ sign as names and identifiable information has been redacted. Their accounts provide first-hand evidence of how these human rights issues operate in practice, offering essential context and depth that cannot be captured …

Core Elements Of Policy Solutions, Audrey Morrissey

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Three Paths To Justice: Comparing Feminist Strategies Against Gender-Based Violence In East Asia, Ashley Chon

The Dialogue

No abstract provided.

Cognitive Warfare: Generative Ai, False Realities, And International Humanitarian Law, Gary Corn

Joint PIJIP/TLS Research Paper Series

This paper, written as a draft chapter for the Lieber Institute for Law and Land Warfare's forthcoming book on International Law and Artificial Intelligence in Armed Conflict: The AI-Cyber Interplay, explores the IHL implications of a specific subfield or category of AI—Generative AI (GenAI). This new and rapidly evolving technology does not merely analyze or classify data; it also generates original image, audio, and video content. This synthetic content can be highly deceptive and manipulative, as in the case of so-called “deepfakes.” Combined with other information and communications technologies (ICT) and AI capabilities, GenAI has the potential to drastically transform …

The Vicious Cycle Of 'Disaster-Recovery-Disaster' And Sids: Lessons From The Icj Advisory Proceedings On Climate Change, Chhaya Bhardwaj

William & Mary Environmental Law and Policy Review

The core argument of this Article is that the current theoretical and legal frameworks are insufficient to fully comprehend the circumstances of the Small Islands Developing States (SIDS), which claim to be in a “constant state of recovery or disaster.” The SIDS continue to suffer, as the extreme climate events become more frequent, severe, and compounding. The existing theoretical and legal frameworks assume that every disaster that begins must end, as does the recovery period following the disaster. However, in the case of some SIDS, the disaster or recovery period never ends. For example, sometimes, another disaster strikes even before …

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Conflict As Catalyst: The Role Of Conflict In Creating Political Space For Women, Christie S. Warren

Faculty Publications

Although the benefits associated with the presence of women in political decision-making positions are uncontested, global statistics relating to the number of women in political leadership roles paint a disappointing picture of underutilized resources. While rights-based advocacy, quotas, and economic incentives are commonly posited as effective strategies to increase the number of women active in public spaces, several studies have shown that the law alone is not sufficient to bring about changes in gender norms unless the underlying structural constructs that perpetuate inequalities privileging dominant groups are addressed first. Conflict, especially when driven by rejection of those inequalities, can hasten …

The Human Right To A Healthy Environment: Corporate Responsibility In Critical Mineral Extraction, Erika George

Faculty Scholarship

This paper argues that the emerging human right to a clean, healthy, and sustainable environment should guide the governance of critical minerals by incorporating the corporate responsibility to respect human rights throughout supply chains to ensure a racially just energy transition. It frames the climate crisis within the history and political economy of racial capitalism, contending that without rights-based guardrails, mineral supply chains risk reproducing the extractive harms and racialized disparities of the fossil fuel era, including labor abuses, displacement, water depletion, and violence disproportionately borne by racialized and Indigenous communities. Methodologically, the paper combines doctrinal analysis of international norms …

An Analysis Of Global And Regional Human Rights Standards On Gender-Based Violence, Tamar Ezer, Denisse R. Cordova Montes

Articles

No abstract provided.

Ibu Kota Nusantara Sebagai Daerah Khusus Berdasarkan Desentralisasi Asimetris, Krisna Bagas Purwopangestu, Sri Wahyuningsih

Jurnal Hukum & Pembangunan

This research examines the legal issue concerning the administration of regional government in Nusantara Capital City (IKN) which has been consider by some scholars as demonstrating deviations from the principle of decentralization. This research takes a position contrary to the mainstream legal discourse that argues there is a conceptual deviation in the model of regional governance in IKN. This research is normative legal research employing a conceptual approach and statutory approach with data collected through library research. This research argues that the administration of regional government in IKN does not indicate any deviation from the principle of decentralization. IKN is …

Lowering Of The Lowered: The ‘Spectacular’ Construction Of ‘Humiliation’ In The Indian Prevention Of Atrocities Act 1989, Ashna Singh

National Law School of India Review

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is the only law in India that explicitly recognises caste-based insults or hate speech as an offence. In doing so, it captures the distinctive harm of such speech as humiliation. This article focuses on Section 3(1)(r) of the Act and argues that this recognition is significantly qualified by the “public view” requirement. Drawing on socio-political scholarship on humiliation, I show that judicial interpretation of this requirement has produced an extra-legislative condition of spectacularity. Courts tend to read caste-based humiliation through the paradigm of visible, overt, and collective atrocity, …