Human Rights Law Commons^™

Fleeing Cuba: A Comparative Piece Focused On Toro And The Options Victims Of Domestic Violence Have In Seeking Citizenship In The United States And Canada, Kiersten M. Schramek

Pace International Law Review

The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA).

This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case.

This article …

A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky

Pace International Law Review

Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …

The Projected Hong Kong Special Administrative Region Human Rights Record In The Post-British Era, Daniel C. Turck

Akron Law Review

On July 1, 1997, Hong Kong ceased to be a British Dependent Territory, and the People's Republic of China (PRC) resumed sovereignty over Hong Kong pursuant to the 1984 Sino-British Joint Declaration on the Question of Hong Kong (Joint Declaration). The Joint Declaration, in accordance with Article 31 of the PRC's Constitution, declares that Hong Kong is now a Special Administrative Region (HKSAR).

Coming Out Is A Free Pass Out: Boy Scouts Of America V. Dale, N. Nicole Endejann

Akron Law Review

This Note discusses the three Supreme Court cases that have delineated the battle between public accommodation laws and an organization’s freedom of expressive association: Roberts v. United States Jaycees, Board of Directors of Rotary International v. Rotary Club of Duarte, and New York State Club Association, Inc. v. City of New York. Specifically, this Note focuses on the development of the balancing test which courts use to protect these two constitutional freedoms. This Note then analyzes the Supreme Court’s decision in Boy Scouts of America v. Dale, pointing out its deviations from the Roberts Trilogy. Finally, this Note explains the …

Tyler V. Cain: A Fork In The Path For Habeas Corpus Or The End Of The Road For Collateral Review?, Ronn Gehring

Akron Law Review

Tyler v. Cain is the latest decision in the ongoing evolution of the retroactivity doctrine in habeas corpus proceedings. The main issue this note presents is whether a state or federal inmate may apply a new constitutional rule promulgated by the Supreme Court retroactively on collateral review through a second or successive petition for habeas corpus, even though the rule was not applicable to the inmate’s original case. Under English common law, all new rules applied retroactively on both direct and collateral review. However, a divergence has occurred under American jurisprudence as to when new constitutional rules announced by the …

Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore

Akron Law Review

This Note will explore the Alien Tort Statute from its origin in 1789 to the present interpretation of the Sosa Court. Part II will focus on the Framers’ language and intent, discuss the long lull in the use of the ATS and the impact of Erie R. Co. v. Tompkins, and examine a line of cases that reawakened the ATS in the 1980s. Part III explores the elements of the Court’s decision in Sosa v. Alvarez-Machain: the facts that gave rise to an ATS claim, the plurality’s denial of jurisdiction, its dicta regarding potential application of the ATS, and Justice …

Analyzing U.S. Commitment To Socioeconomic Human Rights, Philip C. Aka

Akron Law Review

This Article critiques the U.S. government’s approach to human rights. In particular, it assesses U.S. commitment to socioeconomic human rights. These guarantees encompass, among others, the right to work, including the securement of favorable conditions of work through participation in trade union activities, the right to social security, the right to food, the right to education, the right to adequate health care, and the right to housing, along with the general right to be free from extreme poverty. These rights were inspired by the Universal Declaration, and elaborated by the International Covenant on Economic, Social and Cultural Rights (ICESCR). This …

International Humanitarian Law Divergence, Lesley Wexler

Pepperdine Law Review

How do states manage disagreements about the application and interpretation of International Humanitarian Law (IHL)? As countries find themselves embroiled in conflicts across the globe and in need of allies' political, economic, and military support, this question is important from a practical standpoint as well as a theoretical one. This essay provides one set of answers by looking at the United States’ approach to potential IHL disputes with its allies. It opens with an exploration of the issues most likely to create divergence: the existence, typology, and scope of armed conflicts; the interaction between IHL and International Human Rights Law, …

The Admissibility Of Confessions Compelled By Foreign Coercion: A Compelling Question Of Values In An Era Of Increasing International Criminal Cooperation, Geoffrey S. Corn, Kevin Cieply

Pepperdine Law Review

This Article proceeds on a simple and clear premise: a confession extracted by torture or cruel, inhuman, or degrading treatment should never be admitted into evidence in a U.S. criminal trial. Whether accomplished through extending the Due Process or Self-Incrimination based exclusionary rules to foreign official coercion, or by legislative action, such exclusion is necessary to align evidentiary practice regarding confessions procured by foreign agents with our nation's fundamental values as reflected in the Fifth Amendment and our ratification of the CAT. This outcome is not incompatible with Connelly. Rather, this Article explores the limits of the Court's language in …

Ag Gag Past, Present, And Future, Justin F. Marceau

Seattle University Law Review

While the animal rights and food justice movements are relatively young, their political unpopularity has generated a steady onslaught of legislation designed to curtail their effectiveness. At each stage of their nascent development, these movements have confronted a new wave of criminal or civil sanctions carefully tailored to combat the previous successes the movements had achieved.

Keynote Remarks: Re-Tooling Law And Legal Education For Food System Reform: Food Law And Policy In Practice, Emily M. Broad Leib

Seattle University Law Review

Thank you for the opportunity to be with you today and to take part in this symposium on the important role law schools and lawyers can play in changing our food system. Food preferences and food choices are incredibly personal, but the way we produce and consume food, and its impacts on our environment, public health, and the safety of ourselves and others, make it a pressing societal issue as well.

Opening The Barnyard Door: Transparency And The Resurgence Of Ag-Gag & Veggie Libel Laws, Nicole E. Negowetti

Seattle University Law Review

Over the past several decades, as the agricultural system became increasingly industrialized and the steps from farm to plate multiplied, consumers became farther removed from the sources of their food. Until recently, most consumers in America were content to eat their processed, cheap, and filling foods without giving a second thought to how these foods were produced. The tides are changing. Increasingly, consumers are calling for more transparency in the food system. Repulsed by images of animal cruelty and shocked by unsavory food production practices, consumers want the food industry’s veil lifted and are demanding changes in food production. The …

An Analysis Of The Legality Of Television Cameras Broadcasting Juror Deliberations In A Criminal Case, Daniel H. Erskine Esq.

Akron Law Review

This work sets out the constitutional, statutory, and common law applicable to television’s intrusion into the jury room. The first section addresses federal constitutional considerations focusing on Article III Section 2, the Sixth Amendment, and the First Amendment. The second section analyzes certain federal rules and particular statutes applicable to televising federal judicial proceedings, as well as the rationale behind their enactment. Finally, the third section discusses comparative approaches addressing television’s intrusion into the courtroom, particularly focusing on recent jurisprudence from the European Court of Human Rights and the Scottish Court of Session.

Celebrity Newsgathering And Privacy: The Transformation Of Breach Of Confidence In English Law, John D. Mccamus

Akron Law Review

In recent years, a series of leading cases have returned to consider these questions. The implications of these decisions for the current shape of English law relating to civil redress for privacy invasion are the subject of this article. Surprisingly, perhaps, English courts have remained steadfast in their refusal to recognize invasion of privacy as a tort and in doing so have quite explicitly declined to rely on American experience in this area. Rather, English courts have preferred to resist innovation of this kind and leave the difficult question of privacy law reform to Parliament. On a number of recent …

The Right To Freely Have Sex? Beyond Biology: Reproductive Rights And Sexual Self-Determination, Yakaré-Oulé Jansen

Akron Law Review

Part I will briefly set out how sexual rights are approached in the national legal arena. The way the U.S. Supreme Court treats reproductive rights provides a good example as it has some analogies with the treatment of reproductive rights under international human rights law; the Court focuses primarily on the biological aspects of sexuality and has been reluctant to acknowledge rights that fall within the realm of sexual self-determination. This case study is followed in Part II by an analysis of to what extent the treaty bodies of the International Covenant on Civil and Political Rights (“ICCPR”), International Covenant …

United Nations Peacekeeping Operations And Security And Reconstruction, Muna Ndulo

Akron Law Review

This Article is in part based on a memorial lecture delivered by Muna Ndulo at The University of Akron School of Law in honor of the late Justice Tawia Modibo Ocran...In August 2000, a famous UN report, the Brahimi Report, acknowledged the shortcomings of the UN peacekeeping efforts and recommended wide-ranging reforms aimed at strengthening the operations and making them more effective. Since then there have been numerous other reports aimed at implementing reforms to strengthen UN PKOs...This Article builds on that report and discusses the broad challenges facing UN peacekeeping missions today and the role of the UN PKOs …

Common Law Petition For Writ Of Certiorari, Beasley V. Chicago Commission On Human Relations & Betts Realty (Cook County 2015), J. Damian Ortiz, John Marshall Fair Housing Legal Clinic

Court Documents and Proposed Legislation

No abstract provided.

The Applicability Of The Humanitarian Intervention 'Exception' To The Middle Eastern Refugee Crisis: Why The International Community Should Intervene Against Isis, Milena Sterio

Law Faculty Articles and Essays

The refugee crises in Iraq and Syria, which has been evolving over the past decade as a result of both ongoing conflict in these countries and the recent surge of Islamic State-led violence, has morphed into a true humanitarian catastrophe. Tens of thousands of refugees have been subjected to violence and have been dispersed and forced to live under dire conditions; such massive population flows have destabilized the entire region and have threatened the stability of neighboring countries. The United States and several other countries have been engaged in a military air strike campaign against the Islamic State, but the …

Engaging U.N. Special Procedures To Advance Human Rights At Home: A Guide For U.S. Advocates, Human Rights Institute

Human Rights Institute

Social justice advocates in the United States are increasingly using the human rights mechanisms of the United Nations to advance their domestic advocacy on issues ranging from criminal justice to access to health care. These mechanisms offer unique opportunities for U.S. advocates to mobilize grassroots communities, raise public awareness, exert international pressure, and engage with local, state, and national government officials around local human rights concerns. The U.N. special procedures are among the more versatile of the U.N. human rights mechanisms.

This report explores ways in which U.S. advocates are making effective use of the U.N. special procedures. Based on …

Memo To Prime Minister Cameron On The Revision Of The U.K. National Action Plan On Business And Human Rights, Kaitlin Y. Cordes, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

In July 2015, CCSI sent a memo to U.K. Prime Minister David Cameron to provide input on the 2015 revision of the U.K. National Action Plan on business and human rights, originally published in 2013. The memo applauded the U.K. Government’s early adoption of a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.K. Government has an important role to play in promoting responsible business operations. The memo urged the government to highlight the importance of land …