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Exploring the African Regional Human Rights Standards as the Basis for an Enabling Environment for Self-Managed Abortion
Get PDFSelf-managed abortion holds great promise to save lives and promote reproductive autonomy, particularly in Africa. Indeed, the African region records very high numbers of unsafe abortions, and the burden of abortion-related mortality is the highest globally. Abortion remains generally criminalized in violation of numerous internationally and regionally recognized human rights standards. The advent of abortion medicines and the increased grassroots energy geared towards curbing the harms of unsafe abortion evince medical abortion holds great promise for revolutionizing people’s access to high-quality reproductive care. This study discusses regional human rights frameworks, policy, case law, and a few representative domestic legislative frameworks in light of recent evidence and human rights developments surrounding self-managed abortion.
Standards such as access to the most comprehensive range of medicines, the highest attainable standard of health and scientific innovations, and repeal of discriminatory laws, including unnecessary regulatory barriers, emerge from the African human rights system. We conclude that while much work is needed to further elaborate on the standards set at the regional level, our research shows that a robust normative foundation for self-managed abortion emerges from the African human rights system
The Future of Intersectionality in Employment Law
No full textRecent social justice movements—such as #MeToo and Black Lives Matter—have pushed mainstream American society to reckon with the ubiquity and persistence of systemic sex-based and racial inequities. At the heart of the firestorm are Black women, whose identity at the intersection of sex and race often exposes them to pervasive, but also unique employment discrimination and sexual harassment. Jamillah Bowman Williams’s Beyond Sex-Plus: Acknowledging Black Women in Employment Law and Policy stands out as an exceptional examination of the how courts deal with such “intersectional” claims
Foreword: Looking Back to Move Forward: Exploring the Legacy of U.S. Slavery
No full textThis year, the 30th Annual Ira C. Rothgerber Conference brought together scholars, lawyers, and community leaders from all over the country to discuss one of the most salient issues today—the legacy of U.S. slavery. Centuries of systemic racism and discrimination following the brutal chattel slavery of African Americans has resulted in Black Americans disproportionately faring worse on virtually every economic and social measure today. Metrics along education, housing, health, environment, and justice axes reveal a country still divided along racialized fault lines. Following the through line from slavery to the present brings us to an uncomfortable place. This is where we asked our conference participants to sit this year
Thoughts on Law Clerk Diversity and Influence
Get PDFIt is my great good fortune to have been asked to comment on the remarkable Article Law Clerk Selection and Diversity: Insights from Fifty Sitting Judges of the Federal Courts of Appeals by Judge Jeremy D. Fogel, Professor Mary S. Hoopes, and Justice Goodwin Liu. Drawing on a rich vein of data gathered pursuant to a carefully crafted research design and extensive interviews, the authors provide the most detailed account to date regarding the selection criteria used by federal appeals court judges to select their law clerks. The authors pay special attention to the role that diversity plays in picking law clerks, an important element that heretofore has not been fully explored. Before sharing my thoughts about the Article, I want to offer a short history lesson on the lack of diversity among law clerks in the federal and state courts. The employment barriers facing women, ethnic minorities, and Jewish law clerks throughout the twentieth century help place in context the current interest judges have in hiring candidates from diverse backgrounds; I believe that this interest includes an appreciation of the value of diversity, a sincere desire to rectify discriminatory hiring practices from earlier generations of judges, and a concern that not expanding clerkship selection criteria will draw public scrutiny. I will then turn my attention to Fogel, Hoopes, and Liu’s findings and offer some thoughts about future research questions
How to Punish Your Least Favorite Online Influencer: Wellness Checks as Swatting and their Disproportionate Impact on Marginalized Creators
Get PDFMarginalized online creators are vulnerable to attacks using digital means of harassment including traditional swatting as well as the abuse of wellness checks that can act as swatting. Enabled by permissive Supreme Court 4th Amendment jurisprudence, malignant online actors have taken advantage of the ramshackle system of wellness checks that sends armed police officers with little training and even less compassion to the doors of individuals with reported mental health crises. This Note focuses on two polarizing influencers who have been subject to wellness check swatting after being very open about their mental health statuses online. This Note argues that we should not attempt to solve the problems inherent in wellness checks with federal anti-swatting legislation because it has already been passed at the state level with no success. Rather, localities should invest in creating abolitionist alternatives to the police wellness checks system that are less vulnerable to abuse from bad actors, and the Supreme Court should abolish the 4th Amendment emergency aid exception that allows the police to enter and search the homes of individuals with mental health crises without a warrant
International Law in the Boardroom
Get PDFConventional wisdom expects that international law will proceed through a “state pathway” before regulating corporations: it binds national governments that then bind corporations. But recent corporate practices confound this story. American corporations complied with international laws even when the state pathway broke down. This unexpected compliance leads to three questions: How did corporations comply? Why did they do so? Who enforced international law? These questions are important for two reasons. First, many international laws depend on corporate cooperation in order to succeed. Second, the state pathway is not robust, then or now. It is therefore vital to identify alternatives to the state pathway in order for international laws – on human rights, climate change, labor rights, corruption, and other issues – to reach corporate boardrooms, C-Suites, offices, and supply chains.
This Article synthesizes two traditionally separate fields – public international law and corporate governance – to offer a descriptive account of how corporations incorporate international law into board governance, management decision making, and contractual relationships. It offers three case studies in climate change, human rights, and sustainable development that reveal important incentives and mechanisms for international law compliance that are neglected under the traditional view. It explains that corporations comply in order to manage risks, appease stakeholders, and advance corporate purpose and strategy. Proxy advisors, investors, civil society actors, and even peer corporations enforce international law when a government actor will not. Normatively, these insights enrich academic debates concerning the operation and effectiveness of international law. On a policy level, this Article offers three recommendations for designing international agreements in order to encourage corporate compliance: facilitate comparability, create indicators, and identify corporate-purpose compatibility. It applies these lessons to two international agreements in development: (a) treaty on business and human rights, and (b) treaty on pandemic prevention and preparedness
Guiding Principle 13: Responsibility of the Business Sector, in The UN Guiding Principles on Business and Human Rights: A Commentary (Barnali Choudhury ed., 2023)
No full textThis chapter is a commentary on Principle 13 of the United Nations Guiding Principles on Business and Human Rights (UNGPs). The UNGPs, endorsed by the United Nations Human Rights Council in 2011, are the first universally accepted framework for addressing business responsibilities for human rights. They outline State obligations to protect human rights, businesses’ responsibility to respect human rights, and the importance of both States and businesses offering adequate remedies for human rights breaches.https://scholarlycommons.law.wlu.edu/fac_books/1176/thumbnail.jp
Amicus Curiae Brief of Law Professor Suzette Malveaux in Support of Plaintiff the Estate of Henrietta Lacks’s Opposition to Defendant’s Motion to Dismiss Second Amended Complaint: \u3cem\u3eEstate of Henrietta Lacks v. Thermo Fisher Scientific, Inc.\u3c/em\u3e
Get PDFPlaintiff alleges that Thermo Fisher was conferred the benefit of Henrietta Lacks’s cell line, that Thermo Fisher knew of this benefit, and that Thermo Fisher unfairly retained the benefit without providing payment to the Lacks family. Moreover, Plaintiff contends that this wrongful conduct has been going on for years, within the three-year limitations period and beforehand. Thus, on the face of the complaint, Plaintiff’s unjust enrichment claims would be viable. Alternatively, Plaintiff may proceed on a theory that an unjust enrichment claim does not ripen until an accumulation of wrongful acts has occurred, which pushes accrual within the limitations period