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Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr. 2019 Washington and Lee University School of Law

Recognition Of Validity And Incidents Of Marriages Between Blacks And Whites, Lewis F. Powell Jr.

Powell Writings

No abstract provided.


Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin 2019 Pepperdine University

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries ...


To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia 2019 College of William & Mary Law School

To Be Gay And African: Addressing The Gross Human Rights Violations Of Homosexuals In Cameroon And Uganda, And Legislative Remedies For Their Mistreatment, Danielle E. Makia

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae 2019 College of William & Mary Law School

Challenging The Constitutionality Of Private Prisons: Insights From Israel, Angela E. Addae

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver 2019 University of Leeds

The United Kingdom Bill Of Rights 1998: The Modernisation Of Rights In The Old World, Clive Walker, Russell L. Weaver

Russell L. Weaver

Into a steadfastly conservative constitutional landscape, the United Kingdom Parliament has now introduced a Bill of Rights, the Human Rights Act of 1998, which takes effect in October 2000. The Act provides for a full catalogue of civil and political rights which are enforceable by the courts. This development raises two questions in evaluating the future of English law. First, does this signify the dawn of a new British radicalism? And second, why has it happened now? In answering these questions in relation to England and Wales, Part I of this Article provides an introduction to the traditional treatment of ...


Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett 2019 Dream On International, Africa and the United States

Bound By Silence: Psychological Effects Of The Traditional Oath Ceremony Used In The Sex Trafficking Of Nigerian Women And Girls, Jennifer Millett-Barrett

Dignity: A Journal on Sexual Exploitation and Violence

Nigerian women and children have been trafficked to Italy over the last 30 years for commercial sexual exploitation with an alarming increase in the past three years. The Central Mediterranean Route that runs from West African countries to Italy is rife with organized crime gangs that have created a highly successful trafficking operation. As part of the recruitment process, the Nigerian mafia and its operatives exploit victims by subjecting them to a traditional religious juju oath ceremony, which is an extremely effective control mechanism to silence victims and trap them in debt bondage. This study explores the psychological effects of ...


Film Review: The Uncondemned, Jessica M. Adach 2019 Kingston University

Film Review: The Uncondemned, Jessica M. Adach

Genocide Studies and Prevention: An International Journal

Film Review of The Uncondemned


'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills 2019 Alexander Blewett III School of Law at the University of Montana

'Race, Racism, And American Law': A Seminar From The Indigenous, Black, And Immigrant Legal Perspectives, Eduardo R.C. Capulong, Andrew King-Ries, Monte Mills

The Scholar: St. Mary's Law Review on Race and Social Justice

Flagrant racism has characterized the Trump era from the onset. Beginning with the 2016 presidential campaign, Trump has inflamed long-festering racial wounds and unleashed White supremacist reaction to the nation’s first Black President, in the process destabilizing our sense of the nation’s racial progress and upending core principles of legality, equality, and justice. As law professors, we sought to rise to these challenges and prepare the next generation of lawyers to succeed in a different and more polarized future. Our shared commitment resulted in a new course, “Race, Racism, and American Law,” in which we sought to explore ...


The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health, Lawrence O. Gostin 2019 Georgetown University

The Lancet Commission On Global Health Law: The Transformative Power Of Law To Advance The Right To Health, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

A new report by The Lancet-O’Neill-Georgetown University Commission on Global Health and the Law shows how law can fulfill the global pledge of the human right to health, while “leaving no one behind.” I call this “global health with justice.” We need both health and justice. By global health, I mean ever increasing indicators of good health and increased longevity in all countries around the world. By justice I mean that the global “good” of health must be fairly distributed both within and among countries. The Lancet Commission report offers a comprehensive roadmap towards realizing the law’s power ...


Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford 2019 Selected Works

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford

Stuart Ford

No abstract provided.


Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context, Brandy F. Henry 2019 Brandeis University Heller School for Social Policy & Management

Private Prisons & Human Rights: Examining Israel's Ban On Private Prisons In A Us Context, Brandy F. Henry

Concordia Law Review

This article users a human rights lens to examine prison privatization in the US. The analysis builds on the 2009 Israeli Supreme Court ruling against the privatization of prisons, which relied on the human rights theories of both decommodification and dignity. The Israeli interpretations of dignity, and decommodification theory as related to the privatization of prisons suggest that prison privatization results in the commodification of both the state and prisoner, through the improper delegation of governmental power, which results in an infringement of the prisoner's human right to dignity. This argument is examined in the context of US statute ...


Indigenous Women's Bodies: Primer Territorio De Defensa, Ana Gabriela Avalos Tizol 2019 University of San Francisco

Indigenous Women's Bodies: Primer Territorio De Defensa, Ana Gabriela Avalos Tizol

Master's Theses

The teen pregnancy “epidemic” in Guatemala is a focal point when international and national NGOs demand that the government protect the civil and political rights of girls. In accordance, the state created laws (legal age for marriage - Ordinance 13-2017), implemented penal codes (statutory rape - Article 173) and created Programa Vida (conditional cash transfer of Q. 1,500 - $200 every two months) to address this ‘epidemic.’ Yet, only sixty-one teen mothers were involved in the program by the first year in 2018, indicating its inaccessibility. This thesis proposes to challenge the dominant narrative on teenage pregnancies, which blames “Mayan cultural practices ...


Who Takes Action To Promote The Health Of Refugees And Migrants, Lawrence O. Gostin, Ibrahim Abubakar, Ranieri Guerra, Sabina F. Rashid, Eric A. Friedman, Zsuzsanna Jakab 2019 Georgetown University Law Center

Who Takes Action To Promote The Health Of Refugees And Migrants, Lawrence O. Gostin, Ibrahim Abubakar, Ranieri Guerra, Sabina F. Rashid, Eric A. Friedman, Zsuzsanna Jakab

Georgetown Law Faculty Publications and Other Works

Migration is a defining issue of our time, with 1 billion migrants globally, of whom 258 million have crossed borders. Climate change and political instability propel ever-greater displacement, with major detriments to health. Policies that fail to prevent human trafficking or guarantee essential services undermine Universal Health Coverage (UHC) and the global pledge to “leave no one behind.” The World Health Assembly should robustly implement WHO’s Global Action Plan (GAP) on the Health of Refugees and Migrants.ugees and Migrants.


If A Fetus Is A Person, It Should Get Child Support, Due Process And Citizenship, Carliss Chatman 2019 Washington and Lee University School of Law

If A Fetus Is A Person, It Should Get Child Support, Due Process And Citizenship, Carliss Chatman

Carliss Chatman

Alabama has joined the growing number of states determined to overturn Roe v. Wade by banning abortion from conception forward. The Alabama Human Life Protection Act, as the new statute is called, subjects a doctor who performs an abortion to as many as 99 years in prison. The law, enacted Wednesday, has no exceptions for rape or incest. It redefines an “unborn child, child or person” as “a human being, specifically including an unborn child in utero at any stage of development, regardless of viability.” We ought to take our laws seriously. Under the laws, people have all sorts of ...


Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams 2019 Seattle University School of Law

Lessons From Batson In A Comparative Criminal Context: How Implicit Racial Biases Remain Unaddressed In Canadian Jury Section, Brittney Adams

American Indian Law Journal

This Article highlights how Batson challenges may be instructive for addressing racial biases in jury selection in Canada and draws on the murder of Colten Boushie as an illustration of how the current system has failed to hold white defendants accountable in criminal cases involving Aboriginal victims. While far from perfect, peremptory Batson challenges in the United States serve as a nod to the ongoing issue of racial bias in jury selection in the United States. Canadian jury selection contains no similar challenges, which has too often resulted in all-white or mostly-white juries failing to hold white defendants accountable for ...


A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy 2019 Seattle University School of Law

A Change In South Dakota’S Child Sexual Abuse Statute Of Limitations: An Equal Protection Violations?, Peyton Healy

American Indian Law Journal

No abstract provided.


Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner 2019 Seattle University School of Law

Tribal Treaty Rights And Natural Resource Protection: The Next Chapter United States V. Washington - The Culverts Case, Richard Du Bey, Andrew S. Fuller, Emily Miner

American Indian Law Journal

No abstract provided.


Universal Human Rights And Constitutional Change, David Sloss, Wayne Sandholtz 2019 College of William & Mary Law School

Universal Human Rights And Constitutional Change, David Sloss, Wayne Sandholtz

William & Mary Bill of Rights Journal

Scholars have written volumes about the dramatic constitutional changes that occurred in the United States in the decades after World War II. Several leading scholarly accounts adopt an internal perspective, focusing primarily on domestic factors that drove constitutional change. Other scholars adopt a more transnational perspective, linking domestic constitutional change in the United States to Cold War politics, or to the rise of totalitarianism. This Article builds on the work of scholars like Mary Dudziak and Richard Primus who have emphasized the transnational factors that contributed to constitutional change in the United States. However, our account differs from both Dudziak ...


Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld 2019 College of William & Mary Law School

Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld

William & Mary Bill of Rights Journal

No abstract provided.


Conditionality And Constitutional Change, Felix B. Chang 2019 University of Cincinnati College of Law

Conditionality And Constitutional Change, Felix B. Chang

Faculty Articles and Other Publications

The burgeoning field of Critical Romani Studies explores the persistent subjugation of Europe’s largest minority, the Roma. Within this field, it has become fashionable to draw parallels to the U.S. Civil Rights Movement. Yet the comparisons are often one-sided; lessons tend to flow from Civil Rights to Roma Rights more than the other way around. It is an all-too-common hagiography of Civil Rights, where our history becomes a blueprint for other movements for racial equality.

To correct this trend, this Essay reveals what American scholars can learn from Roma Rights. Specifically, this Essay argues that the European Union ...


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