Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation,
2015
Florida A&M University College of Law
Green Energy In Indian Country As A Double-Edged Sword For Native Americans: Drawing On The Inter-American And Colombian Legal Systems To Redefine The Right To Consultation, Diana Coronel David
Student Works
Energy is a key component in the redress of climate change evils and the United States has one of the highest per capita energy consumption in the world. The federal government’s goal is to reduce the country’s dependence on oil and double its wind and solar electricity generation by 2025. The development of renewable energy projects is to a great extent tied to Indian Country. This is highly important for Indian tribes as an empowering mechanism. Such projects could represent new sources of income for tribes whose traditional subsistence-based lifestyles have been impacted by climate change. Renewable energy projects in …
Reproductive Rights Under Attack: Can The Fundamentals Of Roe Survive?,
2015
North Carolina Central University School of Law
Reproductive Rights Under Attack: Can The Fundamentals Of Roe Survive?, Cheryl E. Amana-Burris J.D., L.L.M.
North Carolina Central University Science & Intellectual Property Law Review
No abstract provided.
Deconstructing And Reconstructing Rights For Immigrant Children,
2015
University of New Hampshire School of Law
Deconstructing And Reconstructing Rights For Immigrant Children, Erin B. Corcoran
Law Faculty Scholarship
Children rights advocates and scholars alike continue to call for the development of innovative and alternative rights models, which specifically provide for an expansive conceptualization of children’s rights. Central to their calls for reform is a simultaneous recognition that children’s rights must embody agency – a child’s voice (a proxy for autonomy) – free from governmental interference, as well as the establishment of certain fundamental “needs” that place an affirmative obligation on the State to ensure the child has, and affirmatively provide, when necessary. Reimagining children’s rights also requires reforming our laws in such a way that reflects children as …
Genocide Denial And The Law: A Critical Appraisal,
2015
University of Edinburgh
Genocide Denial And The Law: A Critical Appraisal, Paul Behrens
Buffalo Human Rights Law Review
Genocide denial carries particular relevance for international law: it is the negation of international crimes, and it can prepare the ground for new crimes of this kind. But its criminalization raises concerns as well. The danger of a clash with human rights, particularly with the freedom of ex- pression, cannot be dismissed lightly. This article explores reasons for and repercussions of the criminalization of denial. It also investigates alterna- tives, including the use of truth and reconciliation, and evaluates methods that focus on direct confrontation of the deniers.
Suboptimal Human Rights Decision-Making,
2015
Pepperdine University School of Law
Suboptimal Human Rights Decision-Making, Richard C. Chen
Florida State University Law Review
The literature on human rights generally assumes that when a state fails to comply with human rights norms, it is because the state’s leaders rationally determined that a violation would maximize the state’s expected utility. Strategies for improving compliance accordingly focus on altering a state’s expected utility calculation either through coercion, which seeks to introduce external incentives that make compliance more attractive, or persuasion, which seeks to recalibrate a state’s underlying preferences. A wide array of social science research, however, has demonstrated that human beings regularly make suboptimal decisions that fail to maximize their expected utility. This so-called behavioral research …
Getting To Group Under U.S. Asylum Law,
2015
Notre Dame Law School
Getting To Group Under U.S. Asylum Law, Jillian Blake
Notre Dame Law Review Reflection
In February 2014, the Board of Immigration Appeals (BIA or the Board) issued two new precedential decisions, Matter of M-E-V-G- and Matter of W-G-R-, clarifying the legal requirements for PSG asylum. This Essay argues that the BIA’s decisions further confuse this already complex area of law and the standards established in the decisions exclude particular social groups already recognized under U.S. law. The complications and contradictions in these and other BIA decisions carry the risk of excluding valid claims to PSG protection and rely upon criteria that cannot be applied consistently. Because the new BIA PSG standards are unworkable, …
Kiobel, Bauman, And The Presumption Against The Extraterritorial Application Of The Alien Tort Statute,
2015
Northwestern Pritzker School of Law
Kiobel, Bauman, And The Presumption Against The Extraterritorial Application Of The Alien Tort Statute, Ross J. Corbett
Northwestern Journal of Human Rights
No abstract provided.
A Call For The Eu To Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses,
2015
Northwestern Pritzker School of Law
A Call For The Eu To Assume Jurisdiction Over Extraterritorial Corporate Human Rights Abuses, Jodie A. Kirshner
Northwestern Journal of Human Rights
No abstract provided.
Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact,
2015
Northwestern Pritzker School of Law
Speech-Conditioned Funding And The First Amendment: New Standard, Old Doctrine, Little Impact, Heather Blakeman
Northwestern Journal of Human Rights
No abstract provided.
Inciting Genocide With Words,
2015
University of Connecticut School of Law
Inciting Genocide With Words, Richard A. Wilson
Michigan Journal of International Law
During the 1994 genocide in Rwanda, observers emphasized the role of media propaganda in inciting Rwandan Hutus to attack the Tutsi minority group, with one claiming that the primary tools of genocide were “the radio and the machete.” As a steady stream of commentators referred to “radio genocide” and “death by radio” and “the soundtrack to genocide,” a widespread consensus emerged that key responsibility for the genocide lay with the Rwandan media. Mathias Ruzindana, prosecution expert witness at the ICTR, supports this notion, writing, “In the case of the 1994 genocide in Rwanda, the effect of language was lethal . …
The Legal Status Of Employees Of Private Military/Security Companies Participating In U.N. Peacekeeping Operations,
2015
Northwestern Pritzker School of Law
The Legal Status Of Employees Of Private Military/Security Companies Participating In U.N. Peacekeeping Operations, Mohamad Ghazi Janaby
Northwestern Journal of Human Rights
No abstract provided.
The Constitutionality Of Indefinite Detainment Of United States Citizens As Terrorist Suspects,
2015
Brigham Young University
The Constitutionality Of Indefinite Detainment Of United States Citizens As Terrorist Suspects, Spencer Kelly, Tiffany Erickson, Eric Backman
Brigham Young University Prelaw Review
No abstract provided.
Big Fish, Small Ponds: International Crimes In National Courts,
2015
Wake Forest University
Big Fish, Small Ponds: International Crimes In National Courts, Elizabeth B. Ludwin King
Indiana Law Journal
The principle of complementarity in the Rome Statute of the International Criminal Court anticipates that perpetrators of genocide, war crimes, and crimes against humanity will be tried in domestic courts unless there is no state with jurisdiction willing or able to do so. This Article examines the situation where a state might be willing to engage in meaningful local justice but temporarily lacks the capability to do so due to the effects of the conflict. It argues that where the state submits a detailed proposal to the International Criminal Court (ICC) outlining the steps necessary to gain or regain the …
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees,
2015
Loyola Marymount University and Loyola Law School
Repatriate . . . Then Compensate: Why The United States Owes Reparation Payments To Former Guantánamo Detainees, Cameron Bell
Loyola of Los Angeles Law Review
In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the “war on terror” detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture—conduct that violates well-established prohibitions against torture and inhumane treatment under both general international law and the law of war. Under these bodies of law, the United States is required to make reparation—through restitution, compensation, and satisfaction—for acts that violate its international obligations. But the United States has not offered financial compensation to any Guantánamo …
The Giving Tree: A Modern-Day Parable Of Mutual Responsibility,
2015
United Nations World Food Programme
The Giving Tree: A Modern-Day Parable Of Mutual Responsibility, Ertharin Cousin
Michigan Law Review
For fifty years, The Giving Tree, a short illustrated tale revered by adults and loved by children, has provoked outrage and acclaim in equal measure. Some readers disliked the story so much that they wrote an alternative ending, while others celebrated it as a modern-day parable. Described by its author, Shel Silverstein, as a simple story of a relationship between two people, The Giving Tree reads like a children’s book while offering much food for thought. Since the initial publication, scholars, students, and many others have offered a variety of interpretations and critiques of this short yet provocative work, calling …
Rank Among Equals,
2015
Covington & Burling LLP
Rank Among Equals, Ben A. Mcjunkin
Michigan Law Review
Dignity is on the march. Once regarded as a subject exclusively within the province of antiquated moral philosophy, dignity—that “shibboleth of all perplexed and empty-headed moralists”—has recently developed into a cornerstone of contemporary legal discourse. Internationally, the concept of human dignity has been central to the emergence and acceptance of universal human rights. Dignity, in some form, is guaranteed by such seminal documents as the Preamble to the Charter of the United Nations, the Universal Declaration of Human Rights, the German Basic Law, and the South African Constitution. Domestically, appeals to dignity undergird popular legal arguments for social and political …
Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court,
2015
Loyola Law School- Los Angeles
Beginning To Learn How To End: Lessons On Completion Strategies, Residual Mechanisms, And Legacy Considerations From Ad Hoc International Criminal Tribunals To The International Criminal Court, Dafna Gozani
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule,
2015
Loyola Marymount University and Loyola Law School
The Ndaa, Aumf, And Citizens Detained Away From The Theater Of War: Sounding A Clarion Call For A Clear Statement Rule, Diana Cho
Loyola of Los Angeles Law Review
In the armed conflict resulting from the September 11 attacks, the executive authority to order the indefinite detention of citizens captured away from the theater of war is an issue of foreign and domestic significance. The relevant law of armed conflict provisions relevant to conflicts that are international or non-international in nature, however, do not fully address this issue. Congress also intentionally left the question of administrative orders of citizen detainment unresolved in a controversial provision of the 2012 version of the annually-enacted National Defense Authorization Act. While plaintiffs in Hedges v. Obama sought to challenge the enforceability of NDAA’s …
Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan,
2015
Faculty of Law Universitas Bengkulu
Sistem Pembinaan Luar Lembaga Bagi Narapidana Yang Merata Dan Berkeadilan Berperspektif Pada Tujuan Pemasyarakatan, Noeke Sri Wardhani, Sri Hartati, Helda Rahmasari Rahmasari
Jurnal Hukum & Pembangunan
The purpose of the first year research is to explain the implementation of Pembebasan Bersyarat (PB), Cuti Menjelang Bebas (CMB) and Cuti Bersyarat (CB) to indentify the obstacles of the implementation and to arrange the model concept of outside institution development for the prisoners in regard to the implementation of PB, CMB and CB that is fair, equitable and based on the perspective of correctional purpose. In the second year, the purpose of the researh is to carry out workshop in regards to socialized the model concept of outside institution development for the prisoners in regard to the implementation of …
Us Should End Solitary Confinement,
2015
Western New England University School of Law
Us Should End Solitary Confinement, Lauren Carasik
Media Presence
No abstract provided.
