Human Rights Law Commons^™

Mixed-Income Housing: A Collaborative Strategy To Spark Urban Economic Development, Daina Staisiunas

Public Interest Law Reporter

No abstract provided.

"Step By Step The Longest March Can Be Won": The Struggle To Define Housing As A Human Right, John Bartlett

Public Interest Law Reporter

No abstract provided.

No Longer "Forgotten": Specialized Judges To Guarantee Rights Of Romanian Children, Melina Rozzisi

Public Interest Law Reporter

No abstract provided.

The Second Annual Environmental Law And Justice Symposium Issue, Randall S. Abate

Florida A & M University Law Review

No abstract provided.

How The Internet Is Used To Facilitate The Trafficking Of Humans As Sex Slaves, Cheryl Page

Journal Publications

Human trafficking is, sadly, a part of the fabric of the 21st century global community, but it has different goals than those of sex trafficking. One expert defines human trafficking as “‘an opportunistic response’ to the tension between the economic necessity to migrate . . . and the politically motivated restrictions on migration”. To give an idea of how widespread sex trafficking is, understand that it is now more profitable for criminals to sell women for sex than it is to sell drugs. Drugs are disposable and finite. Women can be resold over and over and over again. These “commodities” …

Adios To Paradise: The Yacyreta Dam And The Destruction Of Environmental And Human Rights, Itzchak E. Kornfeld

Florida A & M University Law Review

No abstract provided.

Environmental Rights In International Law: Explicitly Recognized Or Creatively Interpreted, Svitlana Kravchenko

Florida A & M University Law Review

No abstract provided.

China's Internet Policies Within The Global Community, Omar Saleem

Journal Publications

No abstract provided.

Electronic Discovery And The Constitution: Inaccessible Justice, Jennifer M. Smith

Journal Publications

Computers are the cynosure of American society. As a result, most information is stored electronically and only a small amount of information ever becomes a paper document. This explosion of electronically stored information has affected every aspect of society, including the court system. Litigation is drastically different than a few years ago due to this onset of electronically stored information. The discovery of electronically stored information in litigation has become known as electronic discovery. For many, electronic discovery is expensive and complicated, and thus, litigants are settling frivolous cases to avoid the costs and complexities of engaging in discovery to …

The Strong Arm Of The Law Is Weak: How The Tvpa Fails To Effectively Assist Victims Of The Sex Trade, Cheryl Page

Journal Publications

Acts that occur in the underbelly of our global community can be shocking to many, but they occur every night and day right in our own neighborhoods. Sex trafficking, a derivative of human trafficking, is occurring in epidemic proportions on a global scale while the victims are suffering in silence. Sexual exploitation has taken the media forefront in recent years.' Much legislation has been passed to try to curb this illegal marketing of innocent women and children. Laws in various countries have been evaluated, studied, and researched and lead to the sad conclusion that these laws alone are insufficient in …

Secular Crosses And The Neutrality Of Secularism, Marie E. Roper

Vanderbilt Journal of Transnational Law

This Note discusses analogous themes in two religious public display cases, Lautsi v. Italy, recently decided by the Grand Chamber of the European Court of Human Rights (ECHR), and Salazar v. Buono, recently handed down by the U.S. Supreme Court. Broader critiques of ECHR religious jurisprudence are addressed in the context of the interpretation and application of the principle of neutrality and the argument that secularism is not a necessary postulate of this demand. It is this theme of the relationship between neutrality and secularism that is also prominent in the American discussion about the relationship between government and religion. …

Following A Sigmoid Progression: Some Jurisprudential And Pragmatic Considerations Regarding Territorial Acquisition Among Nation-States, John C. Duncan, Jr.

Journal Publications

This article analyzes methods and doctrines used by States to acquire territories. The role of the United Nations in resolving disputes between nations and the inhabitants directly affected by the disputes is also addressed, including the jurisdictional, jurisprudential, and practical considerations of territorial acquisition. Finally, traditional territorial acquisition doctrines are applied to extraterrestrial and outer space acquisition. As Western civilization etched out territories and borders across its known world, international norms of diplomatic behavior appeared in the form of customs. These customs eventually grew into codifications, which in turn grew into the elaborate international system enjoyed and protested today. Laws …

Jailing The Johns: The Issue Of Demand In Sex Trafficking, Cheryl Page

Journal Publications

Slavery is an institution that many people believe no longer exists. Slavery has not ended and there are millions of innocent victims caught in this system. This is not the slavery that was fought over in the U.S. Civil War. This form of slavery is not very different from colonial slavery-innocent people caught and trapped in this web of sex for service. Today, this form of slavery is better known as human trafficking. This is a brutal, heinous, and damaging situation that many women and children find themselves in as unwilling participants.' Most victims have little to no hope of …

Notes Toward A Critical Contemplation Of Law, Sonia K. Katyal

Faculty Scholarship

In this tribute to Professor Derrick Bell’s legacy, Professor Katyal reflects on one of Bell’s greatest gifts: the necessary, and perhaps unfinished gift of critical contemplation of law, along with its possibilities and its concomitant limitations. In her paper, Katyal reflects on two seemingly disparate areas of civil rights that might benefit from Bell’s critical vision: the area of LGBT rights and equality, and federal Indian law. Relying on some of Bell’s most valuable insights, Katyal calls for the creation of a “critical sexuality studies” and a “critical indigenous studies” that employs some of Bell’s groundbreaking lessons in reimagining broader …

Developing The Substantive Best Interests Of Child Migrants: A Call For Action, Andrew I. Schoenholtz

Georgetown Law Faculty Publications and Other Works

This Article attempts to accomplish two goals. First, it provides an overview of what is known and unknown about international child migrants. While this Conference will focus to some degree on child migrants in the United States, this Article shows how significant this phenomenon is around the world. Therefore, this Article provides data and points out the research gaps surrounding this issue.

Equally significant is the lack of legal and policy tools available for governments to respond well and in accordance with the Convention on the Rights of the Child ("CRC") to the children themselves. First, informed by social science …

Strange Bedfellows: The Convergence Of Sovereignty-Limiting Doctrines In Counterterrorist And Human Rights Discourse, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

It is hard to imagine two groups with less in common than national security hawks and human rights activists. They represent different cultures with different views on the use of force, the role of rights, and the constraining power of international law. Yet despite their differences, the two groups seem to be converging on an understanding of state sovereignty as limited and subject to de facto waiver—an understanding that appears to legitimize military inter­ventions even in the absence of state consent and Security Council authorization.

This convergence is reached via different routes in each community: for the national security community, …

Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky

Touro Law Review

Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.

Due Process In American Military Tribunals After September 11, 2001, Gary Shaw

Touro Law Review

The Authorization for Use of Military Force ("AUMF") provides broad powers for a president after September 11, 2001. President Bush, under the AUMF, claimed he had the power to hold "enemy combatants" without due process. This gave rise to two questions that the article addresses: "Could they be held indefinitely without charges or proceedings being initiated? If proceedings had to be initiated, what process was due to the defendants?"

Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark A. Drumbl

Scholarly Articles

The Kony 2012 campaign, conducted under the auspices of an American advocacy group, Invisible Children, highlighted – somewhat belatedly – the Lord’s Resistance Army (LRA), its leadership, and its many victims in northern Uganda, notably child soldiers. Deeper questions lurk, however, amid the breezy media flurry. How does Kony 2012 inform our understanding of child soldiers? How does it sculpt international efforts to prevent child soldiering?

Juveniles Convicted As Adults: An Annotated Bibliography Of Current Research., Brenda V. Smith, Jaime Yarussi

Project on Addressing Prison Rape - Articles

This publication compiles case law, new stories, reports and helpful sites on the issue of juveniles convicted as adults (as of 2012).