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Supreme Court Queens County, 2019 Touro College Jacob D. Fuchsberg Law Center

Supreme Court Queens County

Touro Law Review

No abstract provided.


Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau wa Mutua 2019 University at Buffalo School of Law

Limitations On Religious Rights: Problematizing Religious Freedom In The African Context, Makau Wa Mutua

Makau Mutua

No abstract provided.


Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua 2019 University at Buffalo School of Law

Terrorism And Human Rights: Power, Culture, And Subordination, Makau Mutua

Makau Mutua

This piece analyzes the effects of the global war on terror in the aftermath of the September 11 attacks. The author argues that under the pretext of a global war on terrorism, the United States has set out to dominate the globe in a campaign that will undoubtedly influence human rights, and diminish their respect and enforcement. Human rights will now be defined by the United States to exclude and narrow them while putting pressure on large international institutions such as the United Nations to subordinate itself to other American interests. Thinkers and advocates should work together to craft a ...


Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua 2019 University at Buffalo School of Law

Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua

Makau Mutua

No abstract provided.


Religious Human Rights In Global Perspective, Isabel Marcus 2019 University at Buffalo School of Law

Religious Human Rights In Global Perspective, Isabel Marcus

Isabel Marcus

Book review of Johan van der Vyver & John Witte, Jr.'s Religious human Rights in Global Perspective


What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders 2019 University of Georgia School of Law

What Not To Wear: Religious Dress And Workplace Policies In Europe, Sarah Lanier Flanders

Georgia Journal of International & Comparative Law

No abstract provided.


Quo Vadis: Where Does The Human Rights Movement Go From Here?, David Tolbert 2019 Ford Foundation Fellow and Visiting Scholar, Duke University

Quo Vadis: Where Does The Human Rights Movement Go From Here?, David Tolbert

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal of International and Comparative Law 2019 University of Georgia School of Law

Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger 2019 Loyola University Chicago, School of Law

Human Rights In A Time Of Terror: Comparison Between Treatment In The European Courts Of Human Rights And The United States, Allen E. Shoenberger

Allen E Shoenberger

No abstract provided.


The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella 2019 Washington and Lee University School of Law

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Kish Parella

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts ...


Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella 2019 Washington and Lee University School of Law

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

Kish Parella

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 ...


Outsourcing Corporate Accountability, Kishanthi Parella 2019 Washington and Lee University School of Law

Outsourcing Corporate Accountability, Kishanthi Parella

Kish Parella

This Article addresses the problem of preventing human rights violations abroad that result from the globalization of business. It specifically explores the challenge of improving labor standards in global value chains. The modern business has changed dramatically and has “gone global” in order to court foreign markets and secure resources, including labor. Familiar household names, such as Nike and Apple, have “outsourced” many of their functions to suppliers overseas. As multinational buyers, they dominate one end of the global value chain. At the opposite end of the value chain are the local managers and owners of the factories and workhouses ...


A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge 2019 University of Arkansas, Fayetteville

A Constellation Of Benefits And A Universe Of Equal Protection: The Extension Of The Right To Marry Under Pavan V. Smith, Brad Aldridge

Arkansas Law Review

In 2015, the Supreme Court of the United States in Obergefell v. Hodges recognized the constitutional right of all persons, including same-sex couples, to lawfully marry. In 2017, in Pavan v. Smith, the Court recognized that Obergefell extends that right to much more than the act of marriage in itself. Any person who would have been denied the right to marry the person of her choice before Obergefell now enjoys not only the rights of marriage licensing and recognition, but also the full “constellation” of rights and responsibilities that attend marriage among traditional opposite-sex couples. The Court believed that this ...


The Legality Of President Trump's Missile Strike On Al-Shayrat Air Force Base In Syria, Jacob Behmer 2019 University of St. Thomas, Minnesota

The Legality Of President Trump's Missile Strike On Al-Shayrat Air Force Base In Syria, Jacob Behmer

University of St. Thomas Journal of Law and Public Policy

No abstract provided.


Beyond Human Rights: The Legal Status Of The Individual In International Law. By Anne Peters. Cambridge, Uk: Cambridge University Press, 2016. Pp. Xxxv, 602. Index, Tara J. Melish 2019 University at Buffalo School of Law

Beyond Human Rights: The Legal Status Of The Individual In International Law. By Anne Peters. Cambridge, Uk: Cambridge University Press, 2016. Pp. Xxxv, 602. Index, Tara J. Melish

Book Reviews

No abstract provided.


Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves 2019 Brooklyn Law School

Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves

Brooklyn Journal of International Law

In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech ...


Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson 2019 Brooklyn Law School

Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson

Brooklyn Journal of International Law

South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the ...


Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin 2019 Brooklyn Law School

Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin

Brooklyn Journal of International Law

Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the ...


The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan 2019 Brooklyn Law School

The Need For A Shared Responsibility Regime Between State And Non-State Actors To Prevent Human Rights Violations Caused By Cyber-Surveillance Spyware, Anna W. Chan

Brooklyn Journal of International Law

Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions ...


It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin 2019 West Virginia University College of Law

It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin

Faculty Scholarship

This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by ...


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