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Argentina's Trials: New Ways Of Writing Memory, Susana Kaiser 2015 University of San Francisco

Argentina's Trials: New Ways Of Writing Memory, Susana Kaiser

Media Studies

The last Argentine dictatorship (1976–1983) left a legacy of an estimated 30,000 desaparecidos (disappeared people). Three decades later, the wall of impunity is now being torn down. Trials are spreading across Argentina and hundreds of repressors are being judged. These trials are public spaces for collective memory making, political arenas for competing memory battles, and forums in which new information and perspectives about what happened under state terrorism continually emerge. Through the testimonies of survivors and the claims of the defense teams we gain new knowledge about the level and scope of the human rights abuses, how the repressive apparatus …


Kermit Gosnell’S Babies: Abortion, Infanticide And Looking Beyond The Masks Of The Law, Richard F. Duncan 2015 University of Nebraska College of Law

Kermit Gosnell’S Babies: Abortion, Infanticide And Looking Beyond The Masks Of The Law, Richard F. Duncan

Nebraska College of Law: Faculty Publications

If, as Laurence Tribe has observed, “all law tells a story,” this Article tells two stories occurring forty years apart—the story of Justice Harry Blackmun and the unborn human beings he covered with the legal mask of “potential” lives in Roe v. Wade in 1973, and the story of Doctor Kermit Gosnell and the unmasked babies he was convicted of murdering in his Philadelphia abortion clinic in 2013. As Professor Tribe also observes, these stories amount to “a clash of absolutes, of life against liberty,” and therefore they are stories that must be told time and again, until we get …


The Executioners‘ Dilemmas, Eric Berger 2015 University of Nebraska College of Law

The Executioners‘ Dilemmas, Eric Berger

Nebraska College of Law: Faculty Publications

When people learn that I study lethal injection, they are usual-ly curious to know more (or at least they are polite enough to ask questions). Interestingly, the question that arises most often—from lawyers, law students, and laypeople—is why states behave as they do. In the wake of botched executions and ample evidence of lethal injection‘s dangers, why do states fail to address their execution procedures‘ systemic risks? Similarly, why do states so vigorously resist requests to disclose their execution procedures‘ details? This symposium essay takes a stab at answering these ques-tions. In the interest of full disclosure, I should admit …


International Freedom Conductor Award: Introduction, Zack Eckles 2015 University of Cincinnati College of Law

International Freedom Conductor Award: Introduction, Zack Eckles

Freedom Center Journal

The International Freedom Conductor Award ("IFCA") was created to recognize and honor contemporary individuals who exemplify the courageousness and personal strength of the historic Underground Railroad conductors.


The National Underground Railroad Freedom Center And Human Trafficking, Brooke Hathaway 2015 University of Cincinnati College of Law

The National Underground Railroad Freedom Center And Human Trafficking, Brooke Hathaway

Freedom Center Journal

The National Underground Railroad Freedom Center is a hybrid: one part history musemn and one part non-governmental organization (NGO). An early internal report by the Freedom Center clarified that the focus of contemporary efforts should be on "Unfreedom." The report defined Unfreedom as the conditions subjecting an individual to constraints on her/his personal wellbeing, free action, and/or thought, imposed by an outside power, and enforced by the threat of physical harm (tacit or explicit). There are six root causes of Unfreedom: poverty, poor healthcare, lack of education, prejudice, oppression, and conflict. These root causes are the basis for four major …


Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella 2015 Washington and Lee University School of Law

Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella

Scholarly Articles

In many industries, corporations have changed the organization of their production from a vertically integrated model to a model that is often characterized by outsourcing-shifting business activities to external parties -and offshoring, where production occurs at sites overseas. The global value chain (GVC) for an American corporation often involves several tiers of suppliers. One end of the GVC is often occupied by a multinational buyer (MNB), such as a large brand name corporation. At the opposite end of the value chain are the factories, farms, and other production sites that supply multinational corporations with their goods. This organization of production …


His Holiness, The 14th Dalai Lama: 2010 Recipient, Sherry Porter 2015 University of Cincinnati College of Law

His Holiness, The 14th Dalai Lama: 2010 Recipient, Sherry Porter

Freedom Center Journal

On October 20, 2010, the Freedom Center honored His Holiness the 14th Dalai Lama, Tenzin Gyatso, as recipient of the International Freedom Conductor Award ("IFCA"). His Holiness was awarded the IFCA in recognition of his lifelong commitment to promote peace, non­ violence, basic human rights, human happiness, and inter-religious harmony.


From Freedom Narrative To Freedom Leadership Narrative, Michael E. Battle 2015 National Underground Railroad Freedom Center

From Freedom Narrative To Freedom Leadership Narrative, Michael E. Battle

Freedom Center Journal

The National Underground Railroad Freedom Center enters its second decade excited about the opportunities and challenges of balancing the focus on the historical realities of the antebellum freedom narratives and the modem day freedom narratives unfolding in the stories of millions of people worldwide who seek to be free. In terms of the rewards of freedom, The National Underground Railroad Freedom Center focuses on the development of freedom leadership which seeks to empower emerging freedom heroes to fully understand the meaning and application of freedom. Entering its second decade of presence and purpose, the National Underground Railroad Freedom Center sees …


President Lech Walesa And President Nelson Mandela: 2014 Recipients, Ariel Guggisberg 2015 University of Cincinnati College of Law

President Lech Walesa And President Nelson Mandela: 2014 Recipients, Ariel Guggisberg

Freedom Center Journal

The activist and former Polish President Lech Walesa and civil rights activist and former South African President Nelson Mandela were chosen by the Freedom Center to receive the 2014 International Freedom Conductors Award. These two revolutionaries undoubtedly meet the criteria of "reflect[ing] the spirit and courageous actions of conductors on the historic Underground Railroad." Both recipients of the award have spear headed efforts to effect positive social change and dedicated much of their lives to the fight for freedom, and "exemplify the values of freedom and human rights worldwide.'


Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic 2015 John Marshall Law School

Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.


Amicus Curiae By The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff-Appellant, Jawad V. Gates, No. 15-5250 (U.S. Court Of Appeals, District Of Columbia Circuit 2015), Steven D. Schwinn, Sarah Dávila-Ruhaak, John Marshall Law School Human Rights Clinic 2015 John Marshall Law School

Amicus Curiae By The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff-Appellant, Jawad V. Gates, No. 15-5250 (U.S. Court Of Appeals, District Of Columbia Circuit 2015), Steven D. Schwinn, Sarah Dávila-Ruhaak, John Marshall Law School Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.


Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia 2015 Loyola University Chicago, School of Law

Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia

Children's Legal Rights Journal

No abstract provided.


Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra 2015 Barry University

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Dignity And The Eighth Amendment: A New Approach To Challenging Solitary Confinement, Laura L. Rovner 2015 University of Denver

Dignity And The Eighth Amendment: A New Approach To Challenging Solitary Confinement, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

The use of solitary confinement in U.S. prisons and jails has come under increasing scrutiny. Over the past few months, Supreme Court Justice Anthony Kennedy all but invited constitutional challenges to the use of solitary confinement, while President Obama asked, “Do we really think it makes sense to lock so many people alone in tiny cells for 23 hours a day for months, sometime for years at a time?” Even some of the most notorious prisons and jails, including California’s Pelican Bay State Prison and New York’s Rikers Island, are reforming their use of solitary confinement because of successful litigation …


Nursing Ethics And The 21st-Century Armed Conflict: The Example Of Ciudad Juárez, Kathleen A. O'Connor 2015 University of Texas at El Paso

Nursing Ethics And The 21st-Century Armed Conflict: The Example Of Ciudad Juárez, Kathleen A. O'Connor

Departmental Papers (S&A)

The purpose of this article is to call attention to the lack of caregiver safety in conflict settings; to bring awareness to nurses and health care professionals of new challenges, specifically the deliberate targeting of health care professionals, that they may encounter in local armed conflict situations; and to address a gap in knowledge about the social and cultural factors surrounding 21st-century armed conflict that directly affect the provision of health care. I argue that these are of interest to transcultural nursing in that violent actors belong to a dangerous subculture, the understanding of which is important to transcultural nursing …


Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa OseiTutu 2015 Florida International University College of Law

Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu

Faculty Publications

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …


Archbishop Desmond Tutu: 2000 Recipient, Miranda Anandappat 2015 University of Cincinnati College of Law

Archbishop Desmond Tutu: 2000 Recipient, Miranda Anandappat

Freedom Center Journal

Former Archbishop Desmond Tutu received the 2000 International Freedom Conductor Award for his invaluable contributions to the collapse of the apartheid system in South Africa. His fight for the freedom and equality of all South Africans and continuing efforts to advocate for world peace, global human rights, and democratic transition through reconciliatory and restorative justice have made the Archbishop a renowned world leader.


Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients, Priya Walia 2015 University of Cincinnati College of Law

Reverend Fred Shuttlesworth And Nicholas Kristof: 2013 Recipients, Priya Walia

Freedom Center Journal

The National Underground Railroad Freedom Center proudly presented the 2013 recipients the International Freedom Conductor Award to Reverend Fred Shuttlesworth and Nicholas Kristof. Rev. Shuttlesworth was known as the courageous, charismatic, blunt preacher who vowed to "kill segregation or be killed by it." After his successes with racial desegregation, Shuttlesworth spent the rest of his life fighting for equality for impoverished people. Two-time Pulitzer Prize winning journalist, Nicholas Kristof changed the course of social justice philanthropy through his work. Through individual personal narratives, Kristof compels the audience to delve further into seemingly remote global issues and inspires the American public …


Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic 2015 John Marshall Law School

Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.


Towards A Natural Law Foundationalist Theory Of Universal Human Rights, Anthony Robert Sangiuliano 2015 Osgoode Hall Law School of York University

Towards A Natural Law Foundationalist Theory Of Universal Human Rights, Anthony Robert Sangiuliano

Osgoode Legal Studies Research Paper Series

The contemporary literature on the philosophy of human rights features a clash between two opposing theoretical paradigms. The first paradigm, called Functionalism, grounds the nature of human rights in their practical or political significance. The second paradigm, called Foundationalism, grounds the nature of human rights in a pre-political substratum of moral thought to which positive legal-political institutions ought to conform. What tends to make the first paradigm more appealing is that it avoids the problem of grounding human rights in moral considerations that may be ethnocentric and thus not acceptable to all peoples everywhere. This paper makes a case for …


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