Human Rights Law Commons^™

Left Out In The Cold: Trafficking Victims, Gender, And Misinterpretation Of The Refugee Convention's "Nexus" Requirement, Martina Pomeroy

Michigan Journal of Gender & Law

Victims of human trafficking who seek international protection in their country of destination face a steep uphill battle. Special visa programs designed to regularize their status are often riddled with conditions that make them inaccessible to all but a very few victims. Despite widespread international agreement that the manifold harms inflicted upon the majority of trafficked persons generally rise to the level of persecution, and therefore that victims should be eligible to apply for asylum, many national courts misinterpret international refugee law standards and routinely deny refugee status to deserving applicants. Courts often refuse to recognize persecution on the basis …

Rawls And Reparations, Martin D. Carcieri

Michigan Journal of Race and Law

In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a "teaching moment" arising from these events. Moreover, his writings, speeches and lawmaking efforts illustrate the contractual nature of Obama's thinking. The President (and all concerned citizens) should thus find useful an analysis of racial policy and justice in light of the work of John Rauls. Rawls may …

Edzia Carvalho On Human Rights: Politics And Practice. Edited By Michael Goodhart. New York: Oxford University Press, 2009. 455pp., Edzia Carvalho

Human Rights & Human Welfare

A review of:

Human Rights: Politics and Practice. Edited by Michael Goodhart. New York: Oxford University Press, 2009. 455pp.

Kurt Mills On Governance, Order, And The International Criminal Court: Between Realpolitik And A Cosmopolitan Court. Edited By Steven C. Roach. Oxford: Oxford University Press, 2009. 289pp., Kurt Mills

Human Rights & Human Welfare

A review of:

Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Edited by Steven C. Roach. Oxford: Oxford University Press, 2009. 289pp.

Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto

Human Rights & Human Welfare

A review of:

International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp.

Palestinian Refugees: Protection In Exile, Vivienne Chew

Human Rights & Human Welfare

The Palestinian refugee problem is perhaps the most critical and complex of the outstanding issues in the Israeli-Palestinian conflict. Sixty-two years have now passed since the 1948 Arab-Israeli War, in which hundreds of thousands of Palestinians were displaced en masse and rendered stateless. Since then, successive generations of Palestinian refugees have endured discrimination, insecurity, repeated cycles of displacement, and infringement of their basic rights and freedoms.

Amazigh Legitimacy Through Language In Morocco, Sarah R. Fischer

Human Rights & Human Welfare

Contemporary Morocco rests at a geographic and developmental crossroads. Uniquely positioned on the Northwestern tip of Africa, Morocco is a short distance away from continental Europe, cradled between North African tradition and identity, and Western embrace. The landscape is varied: craggy mountains trail into desert oases; cobbled streets of the medina anchor the urban centers; mud homes dot the rural countryside. Obscured from the outside observer, behind the walls of the Imperial cities and between the footpaths of village olive groves, Morocco’s rich and diverse Arab and Amazigh cultures and languages circle one another in a contested dance. Morocco’s identity …

Establishing Governmental Legitimacy In Iraq: The Path To Protecting Human Rights, Matt Mines

Human Rights & Human Welfare

Rule of law is essential for ensuring the protection of human rights in post-conflict societies. Contention and disagreements, however, often arise regarding the best ways to establish rule of law in a reconstructive state. It is a vital prerequisite to rule of law that a government be viewed as legitimate. Following an armed conflict, the restoration of basic services and infrastructure is essential for instilling confidence that the government is legitimate and is capable of providing for the needs of the local populace. The essential services include water, electricity, and security on a consistent basis. In order to ensure ongoing …

Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick

Human Rights & Human Welfare

To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.

© Peter Fitzpatrick. …

Tunisia–The Imprisonment Of Fahem Boukadous (Part One Of A Series), Rob Prince

Human Rights & Human Welfare

To most Americans with the exception of those few who, for whatever reason, have an attachment to the North African country of Tunisia, the name Fahem Boukadous, foreign to American ears, means nothing. It means a good deal more to "Reporters Without Borders” and to the US State Department that actually issued a statement (half way down the page) on his behalf, to the US intelligence agencies and military that have carefully followed the Spring, 2008 uprising in the Tunisian region of Gafsa–deemed the most extensive and militant social protest in that country’s history in the past quarter century.

© …

The Human Rights Of Non-Citizens. By David Weissbrodt. (Book Review), Caroline Bettinger-López, Bassina Farbenblum

Articles

No abstract provided.

Book Review Of Cause Lawyering For People With Disabilites, Michael Ashley Stein, Michael E. Waterstone, David B. Wilkins

Faculty Publications

No abstract provided.

We Are The Ones We’Ve Been Waiting For: Human Rights And Us/U.S., David L. Brunsma

Societies Without Borders

Since 2002, SSF, internationally, has been at the forefront of an epistemological revolution within sociology. Specifically, SSF-US has had the difficult task of bringing the United States into a critical dialogue with other voices and perspectives – voices which are much more deeply rooted in human rights than most United Statesian sociologists. In this article, I outline eight ways to underscore the Hopi saying that, "we are the ones we've been waiting for": 1) remapping our cognitions away from individualism and capitalism; 2) socializing for humanity, not citizenry; 3) recognizing our common needs and common vulnerabilities; 4) creating new identities …

Notes From The Field: The Sociology Of Conspiracy: A Cultural Commentary On Structural Adjustment, Muhammed Asadi

Societies Without Borders

„Conspiracy theory‟ as a convenient rhetorical rebuttal has been culturally constructed as quick refutation of otherwise distasteful, never mind factual ideas by the elite. All social interventions that seek structural adjustment, adjustments that have not yet been institutionalized and made „automatic‟, involve some form of conspiracy, a coor- dinated intervention for structure maintenance. In this essay I examine the anti- affirmative action „movement‟ in the U.S. that levels the charge of reverse discrimina- tion, to conclude that every extra institutional adjustment involves conspiracy and leads to unintended consequences which require further conspiratorial action by the elite. It is within such …

The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010), Lisa J. Laplante

UIC Law Review

No abstract provided.

Reborn: A Note From The Editors, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo

Societies Without Borders

In the Fall of 2009 Brill, confronted with budget challenges, chose to terminate its publication of Societies Without Borders: Human Rights and the Social Sciences. There were two ways to respond to this change: shop the journal to other publishers or look into a closer relationship with Sociologists Without Borders/ Sociólogos Sin Fronteras (SSF). The answer was clear almost immediately—we should look for a way for SSF to publish Societies Without Borders. This would free us from the tides of capitalism and allow SSF to push the boundaries of what it means to publish in academic journals.

The …

The Care, Custody, And Control Of Incarcerated Women In Ecuador, Jill Harrison, Maureen Norton-Hawk

Societies Without Borders

This paper presents findings on the custody, care and control of incarcerated women in Ecuador. Although the interrelationship of abuse, poverty, drugs and incarceration is often perceived as a U.S. phenomenon, this paper presents data on a group of structurally and institutionally vulnerable women who are serving mandatory sentences of 6 to 8 years for drug possession and trafficking. Our mixed methodology of survey data, personal interviews, and secondary source materials uncovers some disturbing human rights violations and documents the challenges these incarcerated women face as mothers and inmates.

Violence And Collective Conflict Experiences, Carlos Gadea

Societies Without Borders

Emergent collective mobilizations, urban riots, and spontaneous concentrations seem to show that social conflicts and the violence that often accompanies them have different dimensions in the contemporary world. The present work analyzes the nexus between violence and collective conflict experiences. Taking into account discussions of violence, conflict, collective action and the “definition of a situation,” I assess the degree to which violence is an important ingredient in the construction of the social meaning of contemporary collective actions.

Book Review Of Capitalist Networks And Social Power In Australia And New Zealand, Basak Ozaral

Societies Without Borders

No abstract provided.

Book Review Of Democracy Works: Joining Theory And Action To Foster Global Change, Meredith Katz

Societies Without Borders

No abstract provided.