Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad,
2014
Loyola University Chicago, School of Law
Scott Lively And Free Trade: United States Free Trade Agreements As A Mechanism For Advancing Human Rights Abroad, Nicholas K. Fedde
Loyola University Chicago International Law Review
No abstract provided.
Trafficking In Child Labor In Ghana And Senegal,
2014
United States Air Force Academy
Trafficking In Child Labor In Ghana And Senegal, Steven Brandt
Annual Interdisciplinary Conference on Human Trafficking: 6th (2014)
The goal of this paper is to determine the efficacy of anti-trafficking governance in Senegal and Ghana and what social, political, legal and economic factors work for or against those policies such as: - social policies for and against the growth of the NGO community - enforcement of anti-trafficking laws - economic policies for impoverished urban and rural communities - government rehabilitation policies for minors - federal, state and local corruption - border security/immigration - religious and political freedom This research comprises a comprehensive literature analysis as to the current state of trafficking of minors in Ghana and Senegal. First …
Serious Harm,
2014
Universty of Michigan Law Library
Serious Harm, James C. Hathaway
Book Chapters
Although the requirement to show a well-founded fear of “being persecuted” is at the heart of the refugee definition, the Refugee Convention does not define or elucidate the meaning to be given to this concept. Indeed, it is generally acknowledged that the drafters of the Convention intentionally declined to define “being persecuted” because they recognized the impossibility of enumerating in advance all of the forms of maltreatment that might legitimately entitle persons to benefit from international protection. The need for a flexible approach to “being persecuted” is especially important today given the duty under the 1967 Protocol to apply the …
The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co.,
2014
Seton Hall University
The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker
New England Journal of Entrepreneurship
Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided …
Why The United States Cannot Agree To Disagree On Blasphemy Laws,
2014
University of Oklahoma College of Law
Why The United States Cannot Agree To Disagree On Blasphemy Laws, Evelyn Aswad, Rashad Hussain, M. Suleman
Faculty Articles
At the Boston University International Law Journal's symposium "Realigning Western Policy and International Law after the Arab Spring," held on March 25, 2013, Professor Aswad gave the keynote address, where she described the extensive U.S. diplomatic efforts to promote the broadest possible protections for freedoms of expression and religion, even when it comes to speech that is considered blasphemous. A symposium participant asked why the United States cannot just agree to disagree with Muslim-majority countries on the treatment of blasphemy given the religious sensibilities in those countries and the number of other pressing equities the United States has pending with …
King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens,
2014
St. Mary's University School of Law
King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel
Faculty Articles
No abstract provided.
Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa,
2014
Osgoode Hall Law School of York University
Eying The Promised Land: The Wearisome Quest For An Effective Regional Human Rights Enforcement Mechanism In Africa, Nsongurua Udombana
The Transnational Human Rights Review
Regional human rights regimes complement national systems, which sometimes suffer from "[i]nept, inefficient, underresourced, or iniquitous governments incapable of, or perhaps even opposed to, assisting citizens' realization of their human rights". Regional systems also complement the global system, which often is problematic in achieving consensus due to multiplicity of states and the absence of homogeneity. "As far as their processes are concerned", notes Sarkin, "regional systems for many reasons are more accessible, cheaper for litigants, and more effective in the work they do than international courts". However, the national, regional and international regimes all share a common goal in protecting …
A Scientific Approach To Intellectual Property And Health: Innovation, Access, And A Forgotten Corner Of The Universal Declaration Of Human Rights, 13 J. Marshall Rev. Intell. Prop. L. 794 (2014),
2014
UIC School of Law
A Scientific Approach To Intellectual Property And Health: Innovation, Access, And A Forgotten Corner Of The Universal Declaration Of Human Rights, 13 J. Marshall Rev. Intell. Prop. L. 794 (2014), Adam Houston
UIC Review of Intellectual Property Law
For years, there has been vigorous debate over the relationship between intellectual property and health, especially in the context of pharmaceutical patents. Despite numerous attempts to strike a balance between innovation and access, however, few have looked to Article 27 of the Universal Declaration of Human Rights for guidance. Article 27, and its further elaboration and codification under Article 15 of the International Covenant on Economic, Social, and Cultural Rights, explicitly address this balance by pairing the right of everyone “to share in scientific advancement and its benefits” with a similarly universal right of authors to “material interests resulting” from …
Ending Silence: Demanding Safety From Sexual Assault - I Reported,
2014
American University Washington College of Law
Ending Silence: Demanding Safety From Sexual Assault - I Reported, Brenda V. Smith, Caleb J. Bess, Rebecca I. Heinsen, Jaime V. Yarussi, Michael J. Auger
Research Reports & White Papers
Ending Silence: Demanding Safety from Sexual Assault & Youth Speaking Up about Sexual Abuse in Custody are a series of graphic novels for adult and juvenile inmates in custodial settings. These graphic novels are intended to educate inmates about how to identify and address incidents of sexual assault. The plot lines in these graphic novels dramatize situations we know occur in custodial settings. The use of graphic novels in community education projects is well established. By presenting information through an illustrative medium, these novels aim to disseminate information about the sexual abuse reporting process to inmates at all literacy levels. …
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law,
2014
University of Arkansas at Little Rock William H. Bowen School of Law
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
Law Faculty Scholarship
It is, in certain cases, impossible for persons to tell in advance which states will have effective legislative jurisdiction over their acts. In these cases, it is impossible to tell in advance whose law the person must obey. This quandry arises where some national law purports to regulate outsiders and their acts in a manner arguably inconsistent with the international law of legislative jurisdiction. If the regulating state's courts do not allow challenges to jurisdiction based on international law, and the state of the outsider's nationality fails to protect her diplomatically, the outsider has no protection against excessive claims of …
An Expanding Human Rights Corpus: Sexual Minority Rights As International Human Rights,
2014
London School of Economics and Political Science
An Expanding Human Rights Corpus: Sexual Minority Rights As International Human Rights, Xavier B. Lutchmie Persad
Cardozo Journal of Equal Rights & Social Justice
The article argues that sexual minorities are entitled to equal rights under principles of human dignity, equality, and non-discrimination. While international human rights frameworks like the Universal Declaration of Human Rights (UDHR) and regional systems, particularly the European Union’s Charter of Fundamental Rights, provide some protections, sexual minorities remain vulnerable due to the lack of explicit inclusion in most treaties. The European Court of Human Rights (ECtHR) and the UN Human Rights Committee (HRC) have advanced protections through jurisprudence, but significant gaps persist, especially for transgender and intersex individuals. The article advocates for a specialized treaty to address these disparities …
What Is In A Percentage?: Calculation As The Poetic Translation Of Human Rights,
2014
Rice University
What Is In A Percentage?: Calculation As The Poetic Translation Of Human Rights, Andrea Ballestero
Indiana Journal of Global Legal Studies
Increasingly, the efficacy of human rights, international norms, and commercial standards is deposited in numbers as measures of social and financial value. Taking the form of indicators, goals, and targets, these numbers are active participants in the everyday practices through which the law is constituted around the world. This paper examines the normative ability of percentages as numeric devices that transform measures of value across legal domains. The paper draws on two examples: a) the generation of indicators by NGOs promoting the Human Right to Water, and b) the technical work of regulators attempting to regulate water prices to follow …
A Review Of "Values In Translation: Human Rights And The Culture Of The World Bank," By Galit A. Sarfaty,
2014
Indiana University Maurer School of Law
A Review Of "Values In Translation: Human Rights And The Culture Of The World Bank," By Galit A. Sarfaty, Amanda Craig
Indiana Journal of Global Legal Studies
No abstract provided.
Health And Human Rights,
2014
Georgia State University College of Law
Health And Human Rights, Jonathan Todres
Faculty Publications By Year
No abstract provided.
Multiculturalism And Constitutionalism In Latin America,
2014
Centro de Investigación y Docencia Económica
Multiculturalism And Constitutionalism In Latin America, José Antonio Aguilar Rivera
Notre Dame Journal of International & Comparative Law
José Antonio Aguilar Rivera discusses recent reforms to the constitutions of several Latin American states. According to Aguilar Rivera, these reforms tend to recognize and protect the multiethnic and multicultural nature of Latin American socieites. While acknowledging that some have lauded these changes as progressive moves towards a more developed form of democracy, Aguilar Rivera reaches the opposite conclusion. He argues that these trends in Latin American constitutionalism represent an "authoritarian regression" rather than an enhancement of democracy. Aguilar Rivera begins by discussing and critiquing prevalent Western theories of multiculturalism, particularly the versions set forth by Canadian theorists Charles Taylor, …
Latin American Constitutionalism: Social Rights And The “Engine Room” Of The Constitution,
2014
University of Torcuato Di Tella
Latin American Constitutionalism: Social Rights And The “Engine Room” Of The Constitution, Roberto Gargarella
Notre Dame Journal of International & Comparative Law
Roberto Gargarella surveys the landscape of Latin American Constitutionalism from 1810 to 2010, with particular emphasis on efforts in the late twentieth and early twenty-first centuries to enhance protections of multiculturalism and human rights. Gargarella begins by surveying the "founding period" of Latin American constitutionalism, a period marked by compromise between liberals and conservatives. He proceeds to discuss the increasing incorporation of social rights—primarily economic and labor rights—during the early twentieth century. Gargarella then discusses a final wave of reforms, which introduced increasing human rights protections in the latter half of the twentieth century and the beginning of the twenty-first. …
New Trends In Latin American Constitutionalism: An Overview,
2014
Universidad Católica Argentina
New Trends In Latin American Constitutionalism: An Overview, Santiago Legarre
Notre Dame Journal of International & Comparative Law
In this introduction to the issue on New Trends in Latin American Constitutionalism, Santiago Legarre offers his remarks at the opening of the conference on New Trends in Latin American Constitutionalism held at Notre Dame Law School in 2013. After briefly recounting the origins of the conference, Legarre summarizes some of the key modern challenges in Latin America and the role of constitutionalism in addressing these challenges. Legarre pays particular attention to the rapid growth of income inequality in the region. He ultimately concludes that some of the major challenges to the region are rooted in a lack of consensus …
Letter From The Conference Organizer,
2014
Notre Dame Law School
Letter From The Conference Organizer, Pier Pigozzi
Notre Dame Journal of International & Comparative Law
Pier Pigozzi writes to introduce the Spring 2013 conference, "New Trends in Latin American Constitutionalism."
Illusion Of School Choice Leaves Chicago Pupils With No Choice,
2014
Loyola University Chicago, School of Law
Illusion Of School Choice Leaves Chicago Pupils With No Choice, Elise Robie
Public Interest Law Reporter
School choice ostensibly empowers parents and students to have control over their education. However, despite the facade of school choice in Illinois, in reality parents and students effectively have little to no school choice, especially in the City of Chicago. The presence of charter schools overpowers traditional public schools, and without a solid voucher system parents do not have valid control over their children's education. Parental involvement in a child's education plays a crucial role in a child's success, and lack of genuine school choice stymies parental involvement and control.
Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases,
2014
Columbia Law School
Access To Justice: Ensuring Meaningful Access To Counsel In Civil Cases, Human Rights Clinic
Human Rights Institute
In order to meet its human rights obligations, the federal government must work toward the establishment of the right to counsel for indigent litigants in civil cases, especially where basic human needs are at stake. Direct steps the federal government should take include: supporting research into the impact of providing counsel in civil cases; fully funding the Legal Services Corporation and lifting restrictions that prevent legal services lawyers from providing necessary services; intensifying the Acc,ess to Justice Initiative's activities with respect to civil legal services and providing it with the necessary leadership and resources; and filing supportive amicus briefs when …
