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AN EXAMINATION OF DOWRY DEATHS IN INDIA UNDER INTERNATIONAL HUMAN RIGHTS LAW
Full text linkThe practice of dowry in India has been theoretically linked to, a number, of factors, including the nature of residence and inheritance system, women\u27s role in production, kinship organizations, relative availability of potential spouses, and social stratification in society. The dowry system has paved the way for women to become victims of innumerable social evils such as female feticide, female infanticide, child marriage, domestic and family violence, dowry deaths and bride burning. To curtail the dowry system, various states of India since 1950 have passed several legislations and the Central Govt. (Parliament of India) has enacted the Dowry Prohibition Act,1961 and subsequent Sections 304B and 498A of the Indian Penal Code, but the laws have been highly criticized by Indian society for being ineffective till today. The United Nations has been an advocate for women\u27s rights since its inception in 1945, explicitly stating so in its Charter\u27s Preamble, the Universal Declaration of Human Rights (adapted in 1948). UNICEF is fighting for women rights till today, but the killing of brides due to dowry still prevails today at an alarming rate of one about every hour in India. The Dowry Prohibition Act,1961, IPC sections 304B and 498A and state laws in India will be studied and recommendations will be made to modify the state laws as deemed appropriate to be effective in providing justice to dowry victims and their families. The study of International Human Rights Law and domestication of international covenants will be performed to find a solution to the plague of dowry which is almost spread in other parts of Asia and has caused so much destruction and devastation to the society. Modern society is sensing a wave of hate against dowry, and with their support precious lives of newly wedded brides can be saved in India from dowry deaths
Advancing Health Equity in Lupus: Bridging Disparities for Improved Outcomes Among African American Community
Full text linkThis research confronts the intricate challenges surrounding Lupus, an intricate autoimmune disease, with a particular focus on its impact on the African American community (Crosslin et al., 2019). Addressing the pervasive disparities in diagnosis, treatment accessibility, and health outcomes among African Americans, this study delves into the multifaceted landscape of Lupus care. A meticulous analysis of literature and healthcare data reveals socio-economic factors, access barriers, cultural influences, and systemic biases as formidable contributors to these disparities. By shedding light on these critical issues, the research advocates for targeted interventions, emphasizing culturally competent care, community engagement, and policy initiatives. The aim is to rectify existing healthcare disparities and advance health equity for African Americans affected by Lupus. This paper serves as a clarion call, urging the implementation of tailored strategies to ensure equitable access to accurate diagnosis, effective treatment, and improved health outcomes within the African American population grappling with Lupus
Analyzing Employment Trends Among Baby Boomers, Gen X, Gen Z, and Millennials in Yellowstone National Park
Full text linkEmployee retention has been a struggle for the National Park Service. In a 2023 survey, the NPS ranked 385 out of 432 federal agencies in terms of employee satisfaction (Partnership for Public Service, 2023). Even in its formative years, employees complained about disparities in parks like Yellowstone (Albright, 1985). Yellowstone was established in 1872 and today boasts a cross-generational workforce. In 2023, several major concerns were identified in the State of the Park compendium (State of the Park, 2023). Further research may improve employee retention. In this project, a mixed methods research (MMR) approach was used to identify employment trends in Yellowstone. The variables, government shutdowns, affordable housing, and succession training programs, were examined. Other issues related to employee retention were also discovered. Data was collected from over 100 employees (n=101 quantitative; n=12 qualitative). The results, derived from the inputs, processes, and outputs (IPO), will hopefully provide Park managers with data-driven solutions to improve employee retention
Pacta Sunt Servanda and the Implementation Of International Human Rights Treaties In Domestic Law
Full text linkThis dissertation critically explores the extent to which the foundational international legal principle of pacta sunt servanda, meaning that treaties in force are binding upon the parties and must be executed in good faith, influences the domestic implementation of international human rights treaties. Through detailed case studies of Canada, Australia, and Nigeria, the study interrogates the practical relevance of the pacta sunt servanda principle and its normative authority within divergent constitutional, political, and legal contexts.
Although pacta sunt servanda is codified in Article 26 of the Vienna Convention on the Law of Treaties and long regarded as a cornerstone of the international legal order, its effective application in domestic settings, particularly in the human rights domain, appears increasingly fragile. Despite widespread ratification of international human rights instruments, a persistent implementation gap exists between states’ international commitments and their domestic legal enactments. This gap raises significant concerns about the durability and credibility of the principle itself.
The dissertation contends that, in practice, states frequently subordinate legal obligations under human rights treaties to domestic political considerations, constitutional constraints, and misused state sovereignty. Using Canada, Australia, and Nigeria as comparative case studies, the research reveals a pervasive culture of selective compliance, wherein treaty implementation is often driven less by legal duty or fidelity to international norms than by pragmatic calculations, reputational concerns, or judicial discretion. This disconnect not only undermines pacta sunt servanda, but also calls into question the broader efficacy of the international human rights regime.
Uniquely, international human rights treaties impose obligations erga omnes partes, owed not merely between states, but directly to individuals. This sui generis character, acknowledged in the jurisprudence of the European and Inter-American human rights systems, demands a distinct approach to domestic enforcement. However, domestic legal systems respond unevenly. Both Canada and Australia, as dualist common law jurisdictions, require explicit legislative incorporation of treaties to render them enforceable domestically. Nigeria similarly adheres to a dualist model, reinforced by Section 12 of the 1999 Constitution, which mandates parliamentary enactment of treaties before they attain domestic legal force. While monist tendencies occasionally emerge through judicial recognition of customary international law, Nigeria continues to grapple with serious implementation deficits, exacerbated by institutional fragility and political inertia.
Employing a comparative doctrinal and analytical methodology, this dissertation scrutinizes constitutional texts, enabling legislation, judicial decisions, and treaty engagement practices. It further assesses each state’s interactions with United Nations treaty bodies and other international monitoring mechanisms, identifying patterns of compliance, resistance, and strategic ambiguity.
By situating pacta sunt servanda within the cross-currents of domestic constitutional structures and political realities, the study offers a nuanced understanding of the normative and practical tensions between international legal obligations and their domestic uptake. In doing so, it provides valuable insights for international legal scholars, human rights practitioners, and policymakers seeking to bridge the persistent divide between commitment and compliance in the global human rights architecture
Improving the Quality of Government Funded Attorney Representation for Racially Disadvantaged Defendants in San Benito County, CA
Full text linkAll criminal defendants facing charges that may result in incarceration are entitled to effective legal representation at government expense if they cannot afford a private attorney. In Gideon v. Wainwright, the United States Supreme Court held consistent with the Constitution, reasoning that the Sixth Amendment\u27s guarantee of counsel is a fundamental and essential right made obligatory upon the states by the Fourteenth Amendment (Gideon v. Wainwright, 372 U.S. 335 (1963)). The County of San Benito, like all other California counties, is primarily responsible for providing and paying for indigent defense; however, the actual provision of indigent defense servi ces should be evaluated and reassessed for opportunities for improvement. This mixed methods research (MMR) study aimed to gather and evaluate qualitative data from 10 stakeholder representatives from the San Benito Superior Court, contract public defender s, prosecutors, and leadership from the Sheriff’s, Probation and County Counsel departments, and quantitative data from 50 survey questionnaires from individuals and family members impacted by the County of San Benito public defense system within a ten ye ar span that showed any gaps or areas of improvement in the San Benito Indigent Defense system. Based on the findings, the County Board of Supervisors may decide to take action to address any of the areas of concern for providing effective legal counsel representation.
Keywords Indigent Defense, Effective legal representation, Accountability, Leadership, Defendants
SOVEREIGNTY AND HUMAN RIGHTS IN U.S. IMMIGRATION POLICY
Full text linkThis study investigates the complex interplay between U.S. immigration policy and international human rights standards. Focusing on the post-1996 landscape, particularly after the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act, the research examines how the United States reconciles its border control measures with its human rights obligations. Central to this exploration is the principle of non-refoulement as dictated by the 1951 Refugee Convention and the intersection of domestic initiatives such as DACA with international child rights standards. Amidst the backdrop of security challenges post-September 11 and the economic imperatives driven by immigrant contributions, this study critically analyzes policy reform efforts, debates around citizenship pathways, and the evolving narrative of U.S. immigration law under different administrations. Through document analysis, the research aims to offer insights into aligning immigration policies with human rights to enhance economic prosperity, foster social cohesion, and elevate the United States’ global standing, all while safeguarding national sovereignty and security
Effectiveness of Technology Access and Use to Mitigate Social Isolation of Seniors in Monterey County, CA
Full text linkThe Centers for Disease Control identifies isolation and loneliness as severe public health risks that affect older adults and increase their risk of chronic health conditions (Loneliness and Social Isolation Linked to Serious Health Conditions, 2021). In Monterey County, 39% of seniors experienced isolation or loneliness in the past year (Polco, 2023).
This mixed-methods research study explores the impact of technology use on mitigating loneliness, enhancing information access, and stimulating mental activity among seniors (O\u27Sullivan et al., 2017). With survey data from 95 seniors and ten 1-on-1 interviews, findings show positive effects on social well-being (85%) and a high likelihood of recommending technology to others (96%). Challenges like poor internet connectivity were reported by 24% of respondents. Recommendations include addressing connectivity issues, enhancing data literacy and cybersecurity awareness training, and providing technical support. Effectively implementing and using technology can significantly reduce social isolation and improve overall well-being among seniors, urging further research to address connectivity issues. The results could inform decision-makers on prioritizing funding for the aging population and combating isolation and loneliness
Enhancing Veterans\u27 Benefits Application Process and Healthcare Access by Use of Digital Medical Records
Full text linkThis study addresses the inefficiencies in the disability benefits application process for veterans, focusing on the potential benefits of providing digital medical records from the Department of Defense (DoD) to the Department of Veteran Affairs (VA). The research examines whether the integration of digital medical records can improve veterans\u27 access to benefits and healthcare. Utilizing a case study approach within the New Jersey Veterans Benefits Administration (VBA), this mixed-methods research combines both quantitative and qualitative analyses. The quantitative data was collected from veterans through surveys, while qualitative insights were gathered through interviews with key informants, including a veteran service representative, a veteran service officer, a VA budget analyst, and a nurse practitioner. The findings suggest that digital records can reduce delays in care, lower financial burdens by streamlining the application process, and improve the identification of health trends. However, barriers such as data security concerns and system incompatibilities remain significant challenges. This study concludes that the implementation of digital medical records has the potential to significantly improve veterans\u27 experiences by expediting access to care and benefits, while also contributing to broader advancements in public administration and healthcare systems
Moral Damages In International Investment Treaty Arbitration: Current Challenges and a Road to Resolution
Full text linkInvestment treaty arbitration is developing rapidly, and more and more investors are claiming moral damages despite the arbitral tribunals’ unclear and inconsistent approach towards the availability of moral damages. Even though the arbitral tribunals have recognized that moral damages can be compensated in international investment arbitration, besides moral damages, many uncertainties remain as to when and under what circumstances they can be compensated.
A study of arbitral case law shows that the claims for moral damages were denied based on various grounds, such as, the lack of evidence, jurisdictional issues, or on the ground that the claim for moral damages did not meet the “exceptional circumstances” threshold.
In investment treaty arbitration, the arbitral tribunals have generally affirmed their jurisdiction over moral damage claims and recognized that moral damages should be compensated in investment arbitration besides material damages. Moral damages were rarely rejected on the ground of lack of jurisdiction where the claimants based their claim on specific instruments other than the applicable investment treaty such as their national constitutions or human rights treaties.
Another controversial issue is whether corporate entities can claim compensation for moral damages suffered by their employees, as it is problematic in terms of standing. The doctrine of corporate espousal which perceives the damage to a corporate employee equal to damage to the corporation itself is the most reasonable and practical solution to resolve the issue of the corporate standing.
However, the most challenging issue and the primary reason why arbitral tribunals denied moral damage claims seems to be their reliance on the “exceptional circumstances” threshold, mentioned in the Desert Line LLP. v. Yemen case and further established in the Lemire V. Ukraine case. The majority of the arbitral tribunals applied this exceptionality requirement at varying degrees without further evaluation and conditioned the award of moral damage to instances where severe or grave violations exist. The arbitral tribunals also seem to be disregarding the compensatory nature of moral damages by attributing punitive character to moral damages in several decisions. As explained in this Dissertation, both of these approaches are contrary to the established principles of international law. To resolve the inconsistency and uncertainties surrounding moral damages, the arbitral tribunals need to take an objective approach and align with the established principles of public international law on reparation.
It is important to clarify the status of moral damages in investment arbitration and allow the investors to claim compensation for all of their injuries, both material and moral, caused by the wrongdoing state, to guarantee the coherence of international investment arbitration with the public international law. The lack of clarity regarding moral damages is a pressing concern that significantly hinders the investment arbitration’s purpose of providing a proper and trusted forum to settle the investment disputes
Impact of Equitable Housing for Students ages 18-30: Creating Diversified Population in San Mateo County, CA
Full text linkSan Mateo County in California faced significant challenges in achieving equitable housing development, especially for young adults aged 18-30, including students whose housing needs were often overlooked. Recent census data reflected that this age group had been steadily increasing, highlighting the urgency of addressing their housing concerns (U.S. Census Bureau, n.d.). The median home price was over $1.5 million, which meant many low- and moderate-income residents struggled to find suitable housing. This study investigated the displacement of long-term residents, the lack of affordable housing options, and the absence of diversity in new developments, emphasizing the need to redefine housing equity within the county. The research examined strategies like affordable housing development, displacement prevention policies, and diversity initiatives, focusing on young adults aged 18-30. This mixed-methods research (MMR) approach collected 40 surveys and 5 interviews with students, residents, and various stakeholders to explore solutions for alleviating displacement and enhancing the availability of affordable, inclusive housing in the county