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Panel 4 - Severe or Pervasive: Towards Empowering Workers
Get PDFFACILITATOR: All right. We’re back and I wanted to introduce our moderator for our panel, Severe or Pervasive: Towards Empowering Workers. We have Ms. Allegra Fishel moderating. Ms. Fishel is a seasoned civil rights advocate and the founder of The Gender Equality Law Center. So, thank you so much for being here and, Ms. Fishel, I turn it over to you
Ensuring the Laws Barring Sexual Harassment Protect the Reticent Victim
Get PDFAccording to multiple employee surveys, sexual harassment is one of the most underreported forms of abuse in the workplace. There are a number of reasons that reportedly account for this reluctance to complain about sexual harassment. They include the potential shame, embarrassment, and fear that may accompany reports of sexual harassment and the blame and heightened scrutiny of the victim that may be prompted by these complaints. Unlike most other forms of discrimination, where their presence may be inferred from patterns observed in workforce data, sexual harassment is typically undetectable and certainly not actionable unless it is the subject of a legally cognizable complaint. This brief Article poses whether, and if so to what extent, the legal framework for addressing sexual harassment imposes unrealistic obligations on victims of this misconduct and, if so, whether there are strategies that practitioners can employ to help overcome these obstacles
Toxic Criminals: Prosecuting Individuals for Hazardous Waste Crimes Under the United States Resource Conservation and Recovery Act
Get PDFThe U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on unlawful disposal of hazardous waste, sixteen percent unlawful storage, nine percent unlawful transport, and fifty-six percent a combination of these crimes. We conclude with recommendations to enhance criminal enforcement efforts via increased budgetary appropriations
Principles on Effective Investigative Interviews: A New Instrument of International Law
Get PDFInternational law absolutely prohibits torture and ill-treatment, yet such abuses remain prevalent and widespread. It most frequently occurs in the questioning of individuals by law enforcement, intelligence officials, and military personnel in the context of “fighting crime,” obtaining confessions, controlling detainees, and “counterterrorism.” The “Torture Memorandums,” exemplifying the deeply misguided practices used in the global fight against terror following the attacks of September 11, 2001, illuminated the pervasiveness of these practices
The Failure of the Italian Government to Honor the Human Rights of Migrants
Get PDFItalian Prime Minister Giorgia Meloni’s Parliament, feckless in the harsh waters of European politics, looks to be breaking on the very beaches where Allied forces once landed almost 80 years ago. The small island of Lampedusa remains a pricking thorn in the Italian government’s side, further complicating the testy waters with migrants coming in from the Mediterranean. To solve this, the Italian government has begun to violate the human rights of migrants and workers alike. Giorgia Meloni’s government has called for an ‘EU Naval Blockade’ of the Mediterranean, prompting outcry from human rights groups who correctly see what the rest of the European community sees: further quashing of human rights and increased detentions, violations, and abuses directed toward migrants in the name of national security
Facial Recognition System is a Violation of Human Rights in the Context of the ECHR
Get PDFOn January 31, 2020, Nikolay Sergeyevich Glukhin lodged a complaint to the European Court of Human Rights (ECtHR) arguing that the Russian government violated his right to respect for private life (Article 8) and freedom of expression (Article 10) under the European Convention on Human Rights (ECHR). Glukhin held a banner in metro station of Moscow to protest the detention and criminal proceedings against a political activist. Using CCTV cameras and videos taken by a passersby on an app called Telegram, the police managed to identify and arrest Glukhin. It investigated CCTV cameras installed in other stations for further inquiry and stored his images in the case file. After the police completed their investigations, Glukhin was charged with failure to submit a prior notification before commencing a public demonstration and sentenced to a fine of 20,000 Russian rubles
Incentivizing Sustainability in American Enterprise: Lessons From Finnish Model
Get PDFThe disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not. Part I of this paper establishes a comparative framework by providing background on sociopolitical forces that have shaped American and Finnish corporate law and the respective positioning of their business sectors within the current global landscape. Part II explores dynamics between each country and their business sectors in an effort to ascertain elements of each regime that have contributed to the present state of climate-related corporate governance in each jurisdiction. Finally, Part III speculates on the future of sustainability and corporate governance within the United States by analyzing key features highlighted in Part II, in lieu of recent global economic and regulatory developments
Le Droit Building
No full textIn 1900, WCL moved to the LeDroit building at the corner of 8th and F streets.https://digitalcommons.wcl.american.edu/wcl_classphoto/1002/thumbnail.jp
1315 K Street 1920-1926
No full textIn 1920, WCL purchased its first building. The building was located at 1315 K street and it remained there until 1926.https://digitalcommons.wcl.american.edu/wcl_classphoto/1003/thumbnail.jp
Letter from the Editor
Get PDFIt is an honor to write this editor’s note for Volume 30.2 of the Journal of Gender, Social Policy & the Law (“Journal”) commemorating our Symposium co-hosted by the National Institute for Workers’ Rights (“Institute”), “Enhancing Anti-Discrimination Laws in Education & Employment.” The Symposium and this Volume are a culmination of months of tireless work to draw attention to an area of law needing greater attention—employment and education discriminatio