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Human Rights Law Commons

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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 ...


The Legal Determinants Of Health: Harnessing The Power Of Law For Global Health And Sustainable Development, Lawrence O. Gostin, John T. Monahan, Jenny Kaldor, Mary DeBartolo, Eric A. Friedman, Katie Gottschalk, Susan C. Kim, Ala Alwan, Agnes Binagwaho, Gian Luca Burci, Luisa Cabal, Katherine DeLand, Timothy Grant Evans, Eric Goosby, Sara Hossain, Howard Koh, Gorik Ooms, Mirta Roses Periago, Rodrigo Uprimny, Alicia E. Yamin 2019 Georgetown University Law Center

The Legal Determinants Of Health: Harnessing The Power Of Law For Global Health And Sustainable Development, Lawrence O. Gostin, John T. Monahan, Jenny Kaldor, Mary Debartolo, Eric A. Friedman, Katie Gottschalk, Susan C. Kim, Ala Alwan, Agnes Binagwaho, Gian Luca Burci, Luisa Cabal, Katherine Deland, Timothy Grant Evans, Eric Goosby, Sara Hossain, Howard Koh, Gorik Ooms, Mirta Roses Periago, Rodrigo Uprimny, Alicia E. Yamin

Georgetown Law Faculty Publications and Other Works

Health risks in the 21st century are beyond the control of any country. In an era of globalization, promoting public health and equity requires cooperation and coordination both within and among states. Law can be a powerful tool for advancing global health, yet it remains significantly underutilised and poorly understood. Working in partnership, public health lawyers and health professionals can become champions for evidence-based laws to ensure the public’s health and safety.

The O'Neill Institute/Georgetown University Lancet Commission on Law and Global Health articulates the vital role of law – through legal instruments, legal capacities, and institutional reforms ...


Deliberation And Decision-Making Process In The Inter-American Court Of Human Rights: Do Individual Opinions Matter?, Ranieri L. Resende 2019 Northwestern Pritzker School of Law

Deliberation And Decision-Making Process In The Inter-American Court Of Human Rights: Do Individual Opinions Matter?, Ranieri L. Resende

Northwestern Journal of Human Rights

The work is focused on the adjudicatory nature of the Inter-American Court of Human Rights and investigates its model of deliberation, considering three basic schemes: per curiam, seriatim and hybrid. In order to identify an institutional pattern, the importance of individual opinions is analyzed through the quantitative performance of each category of judge (ad hoc and regular), as well as each type of adjudicative activity (judgments and advisory opinions). The quantitative data is also useful to better understand the explicit assimilation of separate opinions to the core reasoning of future cases. As a result, it has been possible to identify ...


Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock 2019 Northwestern Pritzker School of Law

Navigating The Moral Minefields Of Human Rights Advocacy In The Global South, Sandra L. Babcock

Northwestern Journal of Human Rights

No abstract provided.


North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman 2019 Northwestern Pritzker School of Law

North Korean Defectors In South Korea And Asylum Seekers In The United States: A Comparison, Emma Poorman

Northwestern Journal of Human Rights

North Korean defectors are considered citizens of South Korea under the South Korean Constitution, while others that flee violence gain the legal status of “refugee.” North Korean defectors, who attempt to escape one of the worst human rights crises in the world, find themselves in a unique situation. What benefits does this status have? How are refugees typically treated abroad, such as in the United States? This Comment will explore this unique status, how it differs from refugee status in the United States, and the challenges North Korean defectors face in South Korea.


“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein 2019 Brooklyn Law School

“There’S Voices In The Night Trying To Be Heard”: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi M. Weinstein

Brooklyn Law Review

This article carefully examines, through a therapeutic jurisprudence framework, the likely impact of the United States’ ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD) on U.S. society’s sanist attitudes towards persons with mental disabilities. Although the United Nations ratified the CRPD—the most significant historical development in the recognition of the human rights of persons with mental disabilities— in 2008, the United States has yet to ratify it. In this article, we consider whether the CRPD, if ratified, is likely to finally extinguish the toxic stench of sanism that permeates all levels ...


Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan 2019 Ave Maria School of Law

Catholic Social Teaching And Neo-Abolitionism: Tearing Down The House Of The Rising Sun, Elizabeth M. Donovan

Cleveland State Law Review

Catholic Social Teaching (“CST”) is the body of literature written in the modern era by papal and episcopal teachers in response to current political, economic, and social issues. CST views individuals in the sex trade as victims, however they arrived in the trade. Prostitution abolitionists, called neo-abolitionists, because their current efforts to wipe out sex trafficking and prostitution mirror similar efforts by reformers in the early twentieth century, also view individuals in the sex trade as victims. A coalition of feminists and Christians developed neo-abolitionist social policy during the late twentieth and early twenty-first century. CST and neo-abolitionist social policy ...


Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins 2019 University of Arkansas, Fayetteville

Ix: Story About The Law Of Non-Discrimination - Documentary, Denzel Jenkins

Theses and Dissertations

The purpose of this project is to provide historical awareness for how Title IX, the anti-gender discrimination law in education, evolved to where it is today and the impact it has on universities in the United States. Strong-willed individuals sought change in the late 1960s and 1970s to prevent gender discrimination in education, thus beginning the creation of the law and making it a powerful tool for women’s rights. As Title IX expanded its reach, universities have been shaped by gender discrimination in athletics, sexual assault, harassment and rape. This project outlines the evolution of Title IX through research ...


Racial Indirection, Yuvraj Joshi 2019 Yale Law School

Racial Indirection, Yuvraj Joshi

Yuvraj Joshi

Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on ...


Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny 2019 Selected Works

Breaking Through Gridlock To Protect Human Rights: The Case For A Congressional Human Rights Committee, Joanne Sweeny

JoAnne Sweeny

Congressional gridlock does more than frustrate the populace; it has far-reaching effects, particularly for human rights abuses. From Ferguson, Missouri to Flint, Michigan, government abuses of power and civil rights violations increasingly concern those within the United States. Existing executive bodies, although able to investigate, lack the political power to force Congress to act to remedy these abuses and neither Congress nor state legislatures have offered any solutions. In response, activists have begun to approach international bodies such as the United Nations to voice their concerns, which has also allowed them to re-characterize their plights as human rights issues. If ...


Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold 2019 Selected Works

Water Privatization Trends In The United States: Human Rights, National Security, And Public Stewardship, Craig Anthony (Tony) Arnold

Craig Anthony (Tony) Arnold

No abstract provided.


2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School of Law 2019 Roger Williams University

2nd Annual Stonewall Lecture 04-16-2019, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.


The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan 2019 Washington and Lee University School of Law

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

James E. Moliterno

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the ...


Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu 2019 College of William & Mary Law School

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

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

No abstract provided.


Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova 2019 College of William & Mary Law School

Russian Politics Of Masculinity And The Decay Of Feminism: The Role Of Dissent In Creating New "Local Norms", Alexandra V. Orlova

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

Over the past decade, the Russian state has been deliberately pursuing politics of masculinity that aim to actively undermine feminist dissenting voices by presenting feminism as something that is foreign and inappropriate for the Russian context. This Article examines why Russian domestic feminism has failed to generate a re-examination of entrenched gender stereotypes and barriers in Russia. The Article concludes that in order to effectively combat gender stereotyping and reduce structural barriers that continuously relegate women to the private sphere, new "local norms" based on gender equality need to develop. In order for these new local norms to gain public ...


Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael 2019 Washington and Lee University School of Law

Drugs, Dignity And Danger: Human Dignity As A Constitutional Constraint To Limit Overcriminalization, Michal Buchhandler-Raphael

Michal Buchhandler-Raphael

This Article proposes a constitutional constraint to limit criminalization of victimless crimes and, particularly, to alleviate the pressures on the criminal justice system emanating from its continuous “war on drugs.” To accomplish this goal, the Article explores the concept of human dignity, a fundamental right yet to be invoked in the context of substantive criminal law. The U.S. Supreme Court’s jurisprudence invokes conflicting accounts of human dignity: liberty as dignity, on the one hand, and communitarian virtue as dignity, on the other. However, the Court has not yet developed a workable mechanism to reconcile these competing concepts in ...


The Immediacy Of Economic And Social Rights, Katharine Young 2019 Boston College Law School

The Immediacy Of Economic And Social Rights, Katharine Young

Katharine G. Young

No abstract provided.


Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig 2019 Duke Law

Icts, Social Media, & The Future Of Human Rights, Nikita Mehandru, Alexa Koenig

Duke Law & Technology Review

As communication increasingly shifts to digital platforms, information derived from online open sources is starting to become critical in creating an evidentiary basis for international crimes. While journalists have led the development of many newly emerging open source investigation methodologies, courts have heightened the requirements for verifying and preserving a chain of custody—information linking all of the individuals who possessed the content and indicating the duration of their custody—creating a need for standards that are just now beginning to be identified, articulated, and accepted by the international legal community. In this article, we discuss the impact of internet-based ...


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