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Sustainable Development Goals and Persons with Disabilities in Education and Employment
No full textStates under international law have obligations towards all, including persons with disabilities who are recognized as right holders. Moreover, states, especially in the areas of education and employment, are duty-bound to ensure quality education and productive employment for the realization of their human rights. Indeed, the Sustainable Development Goals (SDGs) impose additional obligations on states in achieving full productive employment and quality education for all, including those with disabilities. Therefore, this paper assesses the SDGs related to education and employment for persons with disabilities by considering whether the SDGs fully integrate the human rights standards as well as the disability human rights model. Applying the Adaptability, Acceptability, Availability, and Accessibility (4As) and the disability human rights frameworks, this paper contends that while the SDGs add weight to human rights and require states in education and employment to move towards achieving full employment and inclusive quality education for persons with disabilities, it fails to fully integrate the human rights model of disability and human rights standards
An Examination of the Framing of Canada’s Copyright Exclusive Rights and Exceptions From a Human Rights Perspective
No full textThis paper examines the intersection of the framing of copyright law in Canada from the perspective of human rights. The study seeks to reconcile the rights of creators with public access to content. Asserting that copyright law is not a human right but a means to uphold the inherent human rights of both creators and the public. This study explores the legal instruments that articulate a copyright framework that aims to achieve the reconciliation of the rights of creators and the public. The discussion begins with the roots of copyright in Canada, tracing back to the Statute of Anne, and moves through its evolution to the present day. The core argument centers on the essential human rights that copyright law impacts, proposing an approach that prioritizes the public interest as well as acknowledging that creators deserve reward for their creativity. Through an analysis divided into six sections, the paper delves into the concept and progression of copyright in Canada, scrutinizes the purpose and scope of exclusive rights and exceptions, reviews copyright within the human rights context, and suggests a reconciliation of the divergent interests of creators, and the public. The conclusion synthesizes these discussions, offering insights into the framing of copyright law grounded in upholding the rights of both the creators and the public
Criminal Law
No full textThis Article provides a comprehensive review of the United States Court of Appeals for the Eleventh Circuit’s most noteworthy criminal law opinions from 2023, with a focus on the key holdings from each decision. Section II of this Article addresses substantive criminal offenses, such as drug offenses, economic crimes, and firearm offenses, while Section III covers criminal procedure, the rules of evidence, and constitutional issues arising in criminal prosecutions. Section IV deals with the U.S. Sentencing Guidelines and other sentencing issues and provides a limited review of the Eleventh Circuit’s decisions in post-conviction proceedings, including those involving the First Step Act and supervised release revocation proceedings
Courthouse Doors are Closed to Foreign Citizens for International Law Torts Committed by American Corporations
No full textThis Note examines the intersection of corporate accountability, human rights violations, and legal recourse for victims of child slavery in the cocoa industry inspired by the Court’s decision Nestle USA, Inc. v. Doe. This decision further limited the scope of the Alien Tort Statute, hindering the plaintiffs’ quest for justice for international human rights violations. The Note analyzes the decision in Nestle USA, Inc. v. Doe through (1) an examination of the Court’s limitations on the Alien Tort Statute and (2) an analysis of the Canadian Supreme Court’s decision in Nevsun
The Generative AI Pirate? The Intersection of Copyrights and Generative AI in Literary Works
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A Second Chance at Success: Using “Second Look” Laws to Modify Sentences of Juvenile Offenders
No full text“Second look” sentencing laws allow incarcerated individuals to petition to have their sentences reexamined and potentially reduced after they have served a significant period of incarceration. This rehabilitative relief is conditioned upon an offender showing that they have made meaningful positive changes while incarcerated and would not pose a threat to their community if released. Implementing second look laws is particularly appropriate in the context of offenders who have committed crimes as juveniles. The U.S. Supreme Court has recognized that juvenile offenders are less culpable than their adult counterparts and psychological science supports this conclusion. This Comment examines and compares recent second look laws from Washington, D.C., Oregon, California, Delaware, and Florida and suggests that a federal second look law could serve as a model for states to adopt. An ideal federal law would: (1) extend eligibility to all individuals who committed a crime under the age of 25; (2) require an offender to serve 10 years of incarceration before becoming eligible for review; (3) provide opportunities for re-application every 5 to 10 years and allow at least 2 applications; (4) include a list of factors for the court to consider when making its resentencing decision; (5) require that the state give notice of the second look policy to offenders before they become eligible; and (6) guarantee a right to counsel for indigent individuals
Financial Regulation Beyond Stability
No full textThis essay briefly reviews the ways stability has dominated regulatory and academic discourse about financial regulation. It then uses anti-money laundering (AML) and the Federal Home Loan Banks (FHL Banks) — the oldest government foray into housing policy — as case studies to show that banks and the financial system are already deeply engaged in efforts to further other important government policies. These case studies affirm just how hard it can be to promote healthy public-private coordination, while also revealing why such arrangements have become so pervasive. More than anything, the aim here is to force acknowledgment of the myriad aims beyond stability that financial regulation already seeks to further, and to encourage more and broader engagement with these important areas of public policy
