| Author | Title | Citation | Summary | Year | Key Term |
| Bill Quigley , Sara Godchaux |
PRISONER HUMAN RIGHTS ADVOCACY |
16 Loyola Journal of Public Interest Law 359 (Spring 2015) |
I. Introduction II. A Human Rights Approach to Injustice III. Overview of United Nations Human Rights for Prisoners A. Protection of Prisoners from Torture and Mistreatment B. Guarantee of an Adequate Standard of Living and Conditions of Confinement C. Health and Healthcare Rights of Prisoners i. General Medical Services for Prisoners ii.... |
2015 |
|
| Natsu Taylor Saito |
RACE AND DECOLONIZATION: WHITENESS AS PROPERTY IN THE AMERICAN SETTLER COLONIAL PROJECT |
31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015) |
If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for... |
2015 |
|
| Katharine Gelber , Luke McNamara |
THE EFFECTS OF CIVIL HATE SPEECH LAWS: LESSONS FROM AUSTRALIA |
49 Law and Society Review 631 (September, 2015) |
This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create martyrs. We find the... |
2015 |
|
| Chiara Vitiello, staff writer |
THE U.S. RESPONSE TO THE UNIVERSAL PERIODIC REVIEW RECOMMENDATIONS |
22 Human Rights Brief 9 (Fall, 2015) |
Following the second Universal Periodic Review (UPR) of the United States, the United Nations Human Rights Council (HRC) adopted its concluding report regarding the U.S.' human rights record on September 24, 2015. The review process allowed Member States of the HCR to assess the U.S.' compliance with its human rights obligations under the Charter... |
2015 |
|
| Doug Cassel |
THE UNITED STATES AND HUMAN RIGHTS TREATIES: CAN WE MEET OUR COMMITMENTS? |
41-DEC Human Rights 5 (December, 2015) |
The United States has a strong human rights record in many respects. Compared to other countries, we do relatively well in protecting freedoms of expression, assembly, religion, and many forms of association. We maintain generally independent and honest courts with relatively fair procedures and an active bar. Human rights defenders are rarely in... |
2015 |
|
| Matthew H. Charity |
UNMISTAKABLY CLEAR: HUMAN RIGHTS, THE RIGHT TO REPRESENTATION, AND REMEDIAL VOTING RIGHTS OF PEOPLE OF COLOR |
17 Berkeley Journal of African-American Law & Policy 200 (2015) |
On June 25, 2013, the U.S. Supreme Court delivered its decision in Shelby County, Alabama v. Holder the Voting Rights Act (VRA) case in which an Alabama county found to have violated the Act in 2008 sought to avoid the Act's application by making a facial challenge to the preclearance requirement for changes in voting that might limit the right... |
2015 |
|
| Connie de la Vega |
USING INTERNATIONAL HUMAN RIGHTS STANDARDS TO EFFECT CRIMINAL JUSTICE REFORM IN THE UNITED STATES |
41-DEC Human Rights 13 (December, 2015) |
While Americans might wonder why we are concerned about what treaties and international law provide, there are a number of areas where individuals' rights are better protected under international standards than our own Constitution and statutes. Criminal justice is one of those areas where international standards and treaties that the United States... |
2015 |
|
| Candace Farmer |
CAN THE U.S. USE A RESERVATION TO ALLEVIATE SOVEREIGNTY CONCERNS REGARDING THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES? |
43 Georgia Journal of International and Comparative Law 249 (Fall, 2014) |
I. Introduction. 250 II. Brief Background of the CRPD. 252 III. The United States and the CRPD: A History. 255 IV. The United States Ratification Debate. 257 A. The Foundations of the Anti-Ratification Argument. 257 B. The Anti-Ratification Argument Relating Specifically to the CRPD. 264 C. The Pro-Ratification Argument: A Different Spin on Treaty... |
2014 |
Yes |
| Eileen P. Ward |
I'M A CONVENTION, HEAR ME ROAR: A CALL FOR THE UNITED STATES TO RATIFY THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN |
27 Journal of Civil Rights & Economic Development 415 (Spring 2014) |
Every year, on August 26, the United States celebrates Women's Equality Day, commemorating the passage of the Nineteenth Amendment where women gained the right to vote. Since Congress established this holiday in 1974, several other accolades have occurred to project women's rights from an idyllic dream to something we have begun to take for... |
2014 |
Yes |
| H. Timothy Lovelace Jr. |
MAKING THE WORLD IN ATLANTA'S IMAGE: THE STUDENT NONVIOLENT COORDINATING COMMITTEE, MORRIS ABRAM, AND THE LEGISLATIVE HISTORY OF THE UNITED NATIONS RACE CONVENTION |
32 Law and History Review 385 (May, 2014) |
Atlanta's human rights community was buzzing, because the United Nations (U.N.) was coming to town. On Sunday, January 19, 1964, the front page of the Atlanta Daily World, the city's oldest black newspaper and the South's only black daily, announced, United Nations Rights Panel to Visit Atlanta. The U.N. Sub-Commission on the Prevention of... |
2014 |
Yes |
| Ofra Friesel |
RACE versus RELIGION IN THE MAKING OF THE INTERNATIONAL CONVENTION AGAINST RACIAL DISCRIMINATION, 1965 |
32 Law and History Review 351 (May, 2014) |
The International Convention on the Elimination of All Forms of Racial Discrimination, 1965 (CERD), was negotiated at the United Nations (UN) during the years 1962-1965. At that period, the UN was an organization so highly politicized and split that it was almost paralyzed, operatively speaking. Human rights codification was a major field whose... |
2014 |
Yes |
| Marsha A. Freeman |
THE CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION against WOMEN IN THE UNITED STATES: WHETHER, WHEN, AND WHAT IF? |
2014 Michigan State Law Review 227 (2014) |
C1-2Table of Contents Introduction. 227 I. A Bit of History. 228 II. Applying the Convention Substantively. 230 A. Direct Reference to the Convention in United States Courts. 230 B. The Peremptory Declaration Does Not Mean the Treaty Cannot or Will Not Be Invoked in Our Courts. 232 C. The Most Critical Legal Issue: Our Scale of Scrutiny in... |
2014 |
Yes |
| Ahmad Abuznaid, Caroline Bettinger-López, Charlotte Cassel, Meena Jagannath |
"STAND YOUR GROUND" LAWS: INTERNATIONAL HUMAN RIGHTS LAW IMPLICATIONS |
68 University of Miami Law Review 1129 (Summer 2014) |
I. Introduction. 1130 II. Background. 1132 A. An Overview of State Stand Your Ground Laws: Florida and Beyond. 1132 B. The Consequences of SYG Laws. 1134 C. SYG Laws as a Subject of National and International Critique. 1135 D. Case Examples. 1143 1. The Trayvon Martin Case: Stand Your Ground Captures the Nation. 1143 2. The Jordan Davis Case:... |
2014 |
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| Johnny Holschuh |
#CIVILRIGHTSCYBERTORTS: UTILIZING TORTS TO COMBAT HATE SPEECH IN ONLINE SOCIAL MEDIA |
82 University of Cincinnati Law Review 953 (Spring, 2014) |
The Nigger scores again we riot #JoelWard-brendmaitland 25/Apr/2012 07:41:41 PM PDT Nigger I hope you get hung #pusssy #bruinsbitch-RealSteezyDubz 25/Apr/2012 07:26:53 PM PDT Fucking stupid arrogant, smelly, useless, waste of life, sad excuse for a NHL hockey playing NIGGER!!!!-Grizzlymarshall 25/Apr/2012 07:32:18 PM PDT These tweets are only... |
2014 |
|
| Jernej Letnar Černič |
A GLASS HALF FULL: CORPORATE AND STATE RESPONSIBILITIES UNDER ECONOMIC AND SOCIAL RIGHTS DURING THE ON-GOING EUROPEAN FINANCIAL CRISIS |
11 South Carolina Journal of International Law & Business 87 (Fall, 2014) |
On the eve of the financial crisis in 2007, Juan Carlos decided to buy a flat in the Madrid quarter of Princesa for 260,000 EUR. At that time, he was earning 1,100 EUR per month. However, the bank that approved his credit application to buy the flat set the monthly fee at 1,300 EUR. In order to meet his financial obligations, he had to rent the... |
2014 |
|
| Columbia Law School Human Rights Clinic |
ACCESS TO JUSTICE: ENSURING MEANINGFUL ACCESS TO COUNSEL IN CIVIL CASES |
64 Syracuse Law Review 409 (2014) |
Endorsed By: National Coalition for a Civil Right to Counsel National Legal Aid & Defender Association Maryland Legal Aid Bureau, Inc. National Center for Access to Justice at Cardozo Law School Brennan Center for Justice Center for Law and Social Policy Sargent Shriver National Center on Poverty Law Columbia Law School Human Rights Institute... |
2014 |
|
| Benjamin G. Davis |
ADDRESSING FEDERALISM AND SEPARATION OF POWERS SOCIAL VIOLENCE: THE ORDINARY CITIZEN'S VOTING RIGHTS BEYOND SHELBY COUNTY, NORTH CAROLINA AND OHIO |
33 Mississippi College Law Review 181 (2014) |
This essay builds on my experience with a voter integrity group, True the Vote, at its Ohio Summit meeting on August 25, 2012, and subsequent developments in the United States Supreme Court and states. I examine this topic experience through four lenses: (1) private and public forms of what I term social violence; negotiation theory; (2) recent... |
2014 |
|
| Katya Assaf |
CAPITALISM VS. FREEDOM |
38 New York University Review of Law and Social Change 201 (2014) |
I. Introduction. 202 II. The Ideological Dimension of Capitalism. 204 III. Capitalism and Freedom. 207 IV. Capitalism and the Legal System. 211 A. The Doctrine of Standing. 213 B. Harmful Speech. 218 1. Individual and Collective Interests. 218 2. Economic and Non-Economic Interests. 221 C. Affirmative Action. 226 1. Affirmative Action under... |
2014 |
|
| Sandra S. Park |
CEDAW'S PROMISE FOR STRENGTHENING LAW-ENFORCEMENT ACCOUNTABILITY TO SURVIVORS OF DOMESTIC AND SEXUAL VIOLENCE IN THE UNITED STATES |
2014 Michigan State Law Review 357 (2014) |
C1-2Table of Contents Introduction. 358 I. Law-Enforcement Responsiveness to Gender-Based Violence in the United States. 359 II. How CEDAW Could Transform U.S. Law on Law-Enforcement Accountability. 364 A. CEDAW's Approach to Gender-Based Violence. 364 B. Recognizing Gender-Based Violence as a Form of Discrimination Against Women and Girls in the... |
2014 |
|
| Mortimer N.S. Sellers |
CHAPTER 2 UNIVERSAL HUMAN RIGHTS LAW IN THE UNITED STATES |
30 IUS Gentium 15 (2014) |
Universal human rights provided the primary legal justification for the American Revolution and have therefore been at the heart of the American law from the earliest years of the Republic. The inherent and inalienable rights of all human beings were cited in the Declaration of Independence of the United States, protected in the federal... |
2014 |
|
| Roxanna Altholz |
CHRONICLE OF A DEATH FORETOLD: THE FUTURE OF U.S. HUMAN RIGHTS LITIGATION POST-KIOBEL |
102 California Law Review 1495 (December, 2014) |
For thirty years, the Alien Tort Statute (ATS) has provided U.S. courts with civil jurisdiction over human rights abuses committed abroad and a small group of victims a modest measure of justice. The Supreme Court's April 2013 decision to limit the extraterritorial reach of the ATS in Kiobel v. Royal Dutch Petroleum prompted declarations from... |
2014 |
|
| Caroline Alpert |
COMMON DENOMINATORS: A PROPOSAL TO COUNTER INTERNATIONAL SCHOOL SEGREGATION |
46 George Washington International Law Review 877 (2014) |
I don't agree with segregation. My child should receive the same level of education as all the other children. I don't agree with any compromise. Reading this quotation, one can see that a parent made this statement. However, one may wonder where this parent lives. In what country does the parent reside? To what racial or socioeconomic group does... |
2014 |
|
| Jacques Delisle |
DAMAGES REMEDIES FOR INFRINGEMENTS OF HUMAN RIGHTS UNDER U.S. LAW |
62 American Journal of Comparative Law 457 (2014) |
The laws of the United States provide damages remedies for some acts--primarily but not exclusively by state actors--that infringe many internationally recognized human rights. They mostly do so without specific reference to or incorporation of international human rights law or norms. In domestic cases, U.S. law provides damages remedies for human... |
2014 |
|
| Penny M. Venetis |
ENFORCING HUMAN RIGHTS IN THE UNITED STATES: WHICH TRIBUNALS ARE BEST SUITED TO ADJUDICATE TREATY-BASED HUMAN RIGHTS CLAIMS? |
23 Southern California Review of Law & Social Justice 121 (Winter 2014) |
The U.S. Supreme Court's 2013 opinion Kiobel v. Royal Dutch Petroleum seriously limits U.S. courts' ability to hear human rights cases through the Alien Tort Statute. In the aftermath of Kiobel, it is thus critical to fully explore other methods of adjudicating human rights claims domestically. In my 2011 article, Making Human Rights Treaty Law... |
2014 |
|
| Jillian Blake |
HAITI, THE DOMINICAN REPUBLIC, AND RACE-BASED STATELESSNESS IN THE AMERICAS |
6 Georgetown Journal of Law & Modern Critical Race Perspectives 139 (Fall, 2014) |
This Article examines the crisis of race-based statelessness in the Dominican Republic, which denies citizenship to hundreds of thousands of people, based on racial and ethnic prejudice. In September 2013, the Dominican Constitutional Court upheld a constitutional amendment to revoke the citizenship rights of persons born in Dominican territory... |
2014 |
|
| Major Paul E. Welling |
HUMAN RIGHTS: THE MEASURE OF SUCCESS IN NONTRADITIONAL WAR |
32 Wisconsin International Law Journal 267 (Summer 2014) |
The history of the United States shows that in spite of the varying trend of the foreign policy of succeeding administrations, this Government has interposed or intervened in the affairs of other states with remarkable regularity, and it may be anticipated that the same general procedure will be followed in the future [P]rotecting the rights of... |
2014 |
|
| Kristen A. Carpenter , Angela R. Riley |
INDIGENOUS PEOPLES AND THE JURISGENERATIVE MOMENT IN HUMAN RIGHTS |
102 California Law Review 173 (February, 2014) |
As indigenous peoples have become actively engaged in the human rights movement around the world, the sphere of international law, once deployed as a tool of imperial power and conquest, has begun to change shape. Increasingly, international human rights law serves as a basis for indigenous peoples' claims against states and even influences... |
2014 |
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| |
PANEL 2: JUVENILES IN SOLITARY CONFINEMENT: REHABILITATION OR TORTURE? |
20 Cardozo Journal of Law & Gender 689 (2014) |
MS. COURTNEY SIRWTKA: Welcome back, everyone. After such a thrilling morning panel I'm excited to continue our day. I would like to introduce this afternoon's talented moderator, Mr. Michael Corradini. Mr. Corradini is the Senior Program Associate at the Center of Immigration and Justice of the Vera Institute of Justice. At Vera he works on the... |
2014 |
|
| David Sloss |
POLYMORPHOUS PUBLIC LAW LITIGATION: THE FORGOTTEN HISTORY OF NINETEENTH CENTURY PUBLIC LAW LITIGATION |
71 Washington and Lee Law Review 1757 (Summer, 2014) |
Recent debates about popular constitutionalism and judicial supremacy have focused on the question of who interprets the Constitution. This Article reframes the debate by asking what legal sources courts apply to protect individual rights from government infringement. Throughout the nineteenth century, federal courts applied a mix of international... |
2014 |
|
| Martha F. Davis |
RACE AND CIVIL COUNSEL IN THE UNITED STATES: A HUMAN RIGHTS PROGRESS REPORT |
64 Syracuse Law Review 447 (2014) |
Introduction. 447 I. Racial Disparities and the Human Right to Civil Counsel. 451 A. The Evidence of Racial Disparities in Access to Counsel. 451 B. The International Human Rights Standards. 454 II. Assessment of U.S. Progress. 457 A. The Federal Access to Justice Initiative: Highlighting Research Gaps. 458 B. State and Local Pilot Programs: Little... |
2014 |
|
| Natsu Taylor Saito |
TALES OF COLOR AND COLONIALISM: RACIAL REALISM AND SETTLER COLONIAL THEORY |
10 Florida A & M University Law Review 1 (Fall 2014) |
Introduction. 3 I. Dreams Deferred. 9 A. Liberatory Visions. 9 B. Persistent Disparities. 13 C. Retrenchment and Repression. 16 D. Racial Realism and Colonial Relations. 20 II. Colonial relations. 22 A. Colonialism: An Overview. 23 B. Settler Colonization. 25 C. Triangulation. 28 III. Recasting the Narrative. 30 A. Settler Origin Stories. 31 B. The... |
2014 |
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| Philip Tegeler |
THE "COMPELLING GOVERNMENT INTEREST" IN SCHOOL DIVERSITY: REBUILDING THE CASE FOR AN AFFIRMATIVE GOVERNMENT ROLE |
47 University of Michigan Journal of Law Reform 1021 (Summer 2014) |
The strong endorsement of the compelling government interest in school integration by five members of the Supreme Court in Parents Involved in Community Schools stands in surprising contrast to the Obama Administration's tepid support for affirmative measures to expand school diversity initiatives. Although the Department of Education formally... |
2014 |
|
| Risa E. Kaufman, Martha F. Davis, Heidi M. Wegleitner |
THE INTERDEPENDENCE OF RIGHTS: PROTECTING THE HUMAN RIGHT TO HOUSING BY PROMOTING THE RIGHT TO COUNSEL |
45 Columbia Human Rights Law Review 772 (Spring, 2014) |
[S]ubstance and procedure are often deeply entwined. -Justice John Paul Stevens, MacDonald v. Chicago This Article trains the lens of international human rights to explicate the relationship between the right to counsel in civil cases and a right to housing. A strength of the human rights framework is its recognition of the interrelationship of... |
2014 |
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| Erin K. Duncan |
THE UNITED STATES' MATERNAL CARE CRISIS: A HUMAN RIGHTS SOLUTION |
93 Oregon Law Review 403 (2014) |
404 Introduction. 404 I. Identifying the United States' Obligations Under International Law. 411 II. Identifying Pregnant Women's Human Rights. 413 A. The Right to Health. 415 1. The Right to Health Includes Reproductive Rights. 416 2. Evidence-Based Care Promotes the Highest Attainable Standard of Health. 418 3. Maternal Mortality Is the... |
2014 |
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| Roberto Concepción, Jr. |
THE UNTAPPED POTENTIAL OF THE FAIR HOUSING ACT IN ADDRESSING AGGRESSIVE ENFORCEMENT OF "WALKING WHILE BLACK OR BROWN" |
17 University of Pennsylvania Journal of Law and Social Change 383 (2014) |
What may arouse hostility is not the fact of aggressive patrol but its indiscriminate use so that it comes to be regarded not as crime control but as a new method of racial harassment. Kerner Commission Report (1968) INTRODUCTION Imagine being sent to the corner store by your mother to buy ketchup for a dinner of chicken and French fries. On your... |
2014 |
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| Elizabeth R. Gorman |
WHEN THE POOR HAVE NOTHING LEFT TO EAT: THE UNITED STATES' OBLIGATION TO REGULATE AMERICAN INVESTMENT IN THE AFRICAN LAND GRAB |
75 Ohio State Law Journal 199 (2014) |
I. Introduction: Grabbing All the Land. 200 II. Speculation, Biofuels & Agribusiness: How Increased Food Insecurity Has Spurred African Land Grabs. 204 A. Excessive Speculation, by Artificially Inflating the Price of Food, Spurs Investment in African Land Acquisitions. 206 B. New Regulations Mandating Biofuels Increase Demand for African Land... |
2014 |
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| Amy Senier, Georgetown University Law Center |
TBB-TURKISH UNION IN BERLIN/BRANDENBURG v. GERMANY. COMMUNICATION NO. 48/2010. AT HTTP://WWW2.OHCHR.ORG/ENGLISH/BODIES/CERD/JURISPRUDENCE.HTM. UNITED NATIONS COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION, FEBRUARY 26, 2013 |
107 American Journal of International Law 891 (October, 2013) |
In February 2013, the Committee on the Elimination of Racial Discrimination (CERD Committee or the Committee) issued its opinion in TBB--Turkish Union in Berlin/Brandenburg v. Germany. The majority of the Committee concluded that Germany had violated its obligations to protect its Turkish and Arab populations from a former state official's... |
2013 |
Yes |
| Jason Scott Palmer |
THE CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES: WILL RATIFICATION LEAD TO A HOLISTIC APPROACH TO POSTSECONDARY EDUCATION FOR PERSONS WITH DISABILITIES* |
43 Seton Hall Law Review 551 (2013) |
I. Introduction. 552 II. Postsecondary Education and the Americans with Disabilities Act. 557 A. Educational Opportunities for Persons with Disability Prior to and After the Passage of the Americans with Disabilities Act. 557 B. The Americans with Disabilities Act. 560 C. The 2008 Amendments to the Americans with Disabilities Act. 566 III. Moving... |
2013 |
Yes |
| Lisa Herndon |
WHY IS RACIAL INJUSTICE STILL PERMITTED IN THE UNITED STATES?: AN INTERNATIONAL HUMAN RIGHTS PERSPECTIVE ON THE UNITED STATES' INADEQUATE COMPLIANCE WITH THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
31 Wisconsin International Law Journal 322 (Summer 2013) |
Introduction. 323 I. Black Rights at Home and Abroad: A Historical Timeline. 326 A. Slavery. 326 B. Post-1865: Black Freedom and Domestic Responses. 327 C. Post-World War I and Onward: International Human Rights for Blacks. 328 D. 1950s and 1960s: Jim Crow and the Civil Rights Movement. 330 E. Post-1960. 331 F. Race Relations Today:... |
2013 |
Yes |
| Shani M. King |
ALONE AND UNREPRESENTED: A CALL TO CONGRESS TO PROVIDE COUNSEL FOR UNACCOMPANIED MINORS |
50 Harvard Journal on Legislation 331 (Summer, 2013) |
The legal rights of children who enter a country without their parents or other guardians, including the right to legal representation in immigration proceedings, differ vastly across the globe. This Article is the first to show that unaccompanied minors lie at the nexus of international and regional human rights standards governing the treatment... |
2013 |
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| Shana M. Scott, MPH |
BRIDGING THE TITLE VI GAP: HOW CAN THE AFFORDABLE CARE ACT ADDRESS RACIAL INEQUITY IN NURSING HOMES? |
22 Annals of Health Law Advance Directive 74 (Spring, 2013) |
Evidence of racial and ethnic health disparities have been documented in the American healthcare system for decades. The Centers for Disease Control and Prevention (CDC) defined health disparities as preventable differences in the burden of disease, injury, violence, or opportunities to achieve optimal health that are experienced by socially... |
2013 |
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| David Gespass |
BRIEF OF AMICUS CURIAE IN SHELBY COUNTY, ALABAMA v. ERIC H. HOLDER, JR., ATTORNEY GENERAL, ET AL. |
70 National Lawyers Guild Review 1 (Spring, 2013) |
The National Lawyers Guild, Inc. is a non-profit corporation formed in 1937 as the nation's first racially integrated voluntary national bar association, with a mandate to advocate for the protection of constitutional, human, and civil rights. As one of the non-governmental organizations selected to officially represent the American people at the... |
2013 |
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| Martha Minow |
BROWN V. BOARD IN THE WORLD: HOW THE GLOBAL TURN MATTERS FOR SCHOOL REFORM, HUMAN RIGHTS, AND LEGAL KNOWLEDGE |
50 San Diego Law Review 1 (February-March, 2013) |
I. Introduction. 2 II. Brown's Own Global Dimensions. 4 III. Brown as a Touchstone for Other Nations. 6 IV. Influence and Limitations: Eastern European Treatment of Roma Children and the Case of D.H. and Others. 11 V. Lessons from Global Perspectives. 20 A. Requiring Proof of Governmental Intent To Discriminate Is Insufficient To Tackle Unequal... |
2013 |
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| Steven F. Shatz, Terry Dalton |
CHALLENGING THE DEATH PENALTY WITH STATISTICS: FURMAN, MCCLESKEY, AND A SINGLE COUNTY CASE STUDY |
34 Cardozo Law Review 1227 (April, 2013) |
@@In the forty-year history of the Supreme Court's modern death penalty jurisprudence, two cases --Furman v. Georgia (1972) and McCleskey v. Kemp (1987)--stand out above all others. Both cases turned on the Court's consideration of empirical evidence, but |
2013 |
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| Nicholas A. Mirkay |
GLOBALISM, PUBLIC POLICY, AND TAX-EXEMPT STATUS: ARE U.S. CHARITIES ADRIFT AT SEA? |
91 North Carolina Law Review 851 (March, 2013) |
Here is my first principle of Foreign Policy--good government at home. --William E. Gladstone,U.K. Prime Minister This Article wrestles with whether charitable organizations' international activities can or should impact such organizations' domestic tax exemption. It addresses the issues raised by such international activities--if those... |
2013 |
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| Kirsten Matoy Carlson |
JURISDICTION AND HUMAN RIGHTS ACCOUNTABILITY IN INDIAN COUNTRY |
2013 Michigan State Law Review 355 (2013) |
Introduction. 355 I. The Enforcement Environment, Human Rights, and Human Rights Accountability in Indian Country. 362 A. The Enforcement Environment in Indian Country. 363 B. Government Accountability for Private Acts of Violence Under International Law. 367 C. Federal Barriers to Tribal Criminal Authority Undermine Human Rights Accountability.... |
2013 |
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| Timothy William Waters |
MISPLACED BOLDNESS: THE AVOIDANCE OF SUBSTANCE IN THE INTERNATIONAL COURT OF JUSTICE'S KOSOVO OPINION |
23 Duke Journal of Comparative & International Law 267 (Winter 2013) |
The International Court of Justice's Kosovo Advisory Opinion is a masterpiece of avoidance. The Court has lived to run another day, and one can only admire the judges' skill in arriving at the vacant place between difficult and clashing conclusions of substance. Still, in the wake of the Opinion, questions inevitably arise: Of what use is this... |
2013 |
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| Joanne Pedone , Andrew R. Kloster |
NEW PROPOSALS FOR HUMAN RIGHTS TREATY BODY REFORM |
22 Journal of Transnational Law & Policy 29 (2012-2013) |
As the perceived usefulness of attaching the label human right to a given goal or value increases, it can be expected that a determined effort will be made by a wide range of special interest groups to locate their cause under the banner of human rights. Thus, in the course of the next few years, UN organs will be under considerable pressure to... |
2013 |
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| Elizabeth Lamura |
OUR CHILDREN, OURSELVES: ENSURING THE EDUCATION OF AMERICA'S AT-RISK YOUTH |
31 Buffalo Public Interest Law Journal 117 (2012-2013) |
He who opens a school door closes a prison.--Victor Hugo Education is essential, not only to each individual child, but to the nation as a whole. It is vitally important that, as a country, we appreciate the importance of the equal opportunity for education for all children. When we allow the creation of policies and institutional structures that... |
2013 |
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| Martha F. Davis |
PARTICIPATION, EQUALITY, AND THE CIVIL RIGHT TO COUNSEL: LESSONS FROM DOMESTIC AND INTERNATIONAL LAW |
122 Yale Law Journal 2260 (June, 2013) |
Domestic efforts to establish a right to civil counsel by drawing narrow analogies to Gideon v. Wainwright have met with limited success. In contrast, two principles drawn from international jurisprudence--the human right to civic participation and the concept of equality of arms--resonate with emerging U.S. jurisprudence in both state and... |
2013 |
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