City University of New York Law Review最新文献_第4页

Roadmap to a Bolder Future: Rhonda Copelon's Legacy 走向更大胆未来的路线图:朗达·科佩隆的遗产

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/CLR150207

Vincent Warren

引用次数: 0

Legacy in Action: Honoring the Life Work of Rhonda Copelon 行动中的遗产:纪念朗达·科佩隆的毕生工作

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/clr150203

L. Davis

引用次数: 0

The Public Defender as anti-Trafficking Advocate, an Unlikely Role: How Current New York City Arrest and Prosecution Policies Systematically Criminalize Victims of Sex Trafficking 作为反贩运倡导者的公设辩护人，一个不太可能的角色:当前纽约市的逮捕和起诉政策如何系统地将性贩运受害者定为犯罪

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/CLR150219

Kate Mogulescu

引用次数: 5

"Crucial as Bread": Remembering Rhonda Copelon's Pioneering Work “像面包一样重要”:纪念朗达·科佩隆的开创性工作

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/CLR150206

Y. Susskind

引用次数: 0

Change Is Possible: The Law As A Barrier And A Tool 改变是可能的:法律既是障碍又是工具

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/CLR150211

Marianne Møllmann

{"title":"Change Is Possible: The Law As A Barrier And A Tool","authors":"Marianne Møllmann","doi":"10.31641/CLR150211","DOIUrl":"https://doi.org/10.31641/CLR150211","url":null,"abstract":"It is a central principle for me that change is possible, and that law helps make it happen. However, as advocates and legal advisors for women’s rights, we are constantly forced to confront the limits of the law as a tool for change. Today I will explore where and why the law is not enough, and look at what we can do to move beyond the law and effectively generate the change we want to see. The truth of the matter is that the law can be very inadequate when it comes to the protection of reproductive rights. One example of this includes laws that impose punitive measures on drug use during pregnancy. Last year, Amnesty International worked on a case in Norway involving a woman who is a recovering opiate user.1 The woman was in opiate substitution therapy, which is entirely legal in Norway. She was not under the Norwegian government program, and it is also entirely legal in Norway to be on a privately sponsored opiate substitution program. She was getting her prescription drugs in Belgium, and that is also entirely legal as long as you are under medical supervision, which this woman was. At the same time, Norway’s social services law empowers the state to take anybody into its custody if it feels the person is in imminent danger of doing damage to herself or to a third person, including an unborn child.2 There is no appeals procedure and there is also no definition of risk levels required or of what kind of danger a person must be in for the state to take custody of her. In fact, there is not even a definition of the substance use that could","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125351470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Challenge of Domestic Implementation of International Human Rights Law in the Cotton Field Case 棉花田案中国际人权法在国内实施的挑战

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/CLR150215

Caroline Bettinger-López

{"title":"The Challenge of Domestic Implementation of International Human Rights Law in the Cotton Field Case","authors":"Caroline Bettinger-López","doi":"10.31641/CLR150215","DOIUrl":"https://doi.org/10.31641/CLR150215","url":null,"abstract":"Human rights advocates and scholars have witnessed great normative development in the field of international women’s human rights in recent decades. Several international bodies -- among them, the Committee on the Elimination of Violence Against Women, the European Court of Human Rights, the Inter-American Court of Human Rights, and the Inter-American Commission on Human Rights -- have found that gender-based violence, including domestic violence, can constitute impermissible discrimination under international law. International treaties and jurisprudence have begun to recognize that such discrimination can take on \"multiple\" or \"intersectional\" forms when it affects marginalized populations, such as indigenous, poor, or minority women and girls. Sexual orientation and gender identity have been found to be protected classes under international law, and sexual violence has been found to be a form of torture when perpetrated by state agents. International human rights bodies have also examined the question of how states might best respond to structural discrimination and stereotypes, and have incorporated their conclusions into comprehensive reparations orders. These bodies have begun to comprehensively examine the concept of state duty to act with the \"due diligence\" necessary to prevent, protect, investigate, sanction, and offer reparations in cases of violence against women and discrimination perpetrated by state and non-state actors, particularly in a context where these problems are pervasive and impunity is the norm. The development of these standards marks great progress for the international women’s human rights movement. While normative development remains an ever-present and evolving goal, the greatest challenge today’s movement faces is that of implementation -- that is, \"the process of putting international commitments into practice.\" The efficacy, authority, and credibility of an international court or human rights body, it has been noted, are measured principally by the implementation of its judgments and other opinions resembling jurisprudence. In this essay, I explore normative developments in the landmark Cotton Field case before the Inter-American Court of Human Rights -- developments envisioned and championed by Professor Rhonda Copelon, the brilliant scholar and human rights champion, among others -- and describe Copelon’s vision for how those norms might be put into place in Mexico. I then briefly summarize the state of implementation of the court’s decision and offer closing thoughts on the road ahead. As I discuss, the challenges of domestic implementation remain abundant, though important steps have been taken in a positive direction.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121175854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 13

Looking Forward: Rhonda Copelon's Legacy in Action 展望未来:朗达·科佩隆的遗产在行动

City University of New York Law Review Pub Date : 2012-07-01 DOI: 10.31641/CLR150202

C. Albisa

引用次数: 1

The Case of Karen Atala and Daughters: Toward a Better Understanding of Discrimination, Equality, and the Rights of Women 卡伦·阿塔拉和女儿们的案例:更好地理解歧视、平等和妇女权利

City University of New York Law Review Pub Date : 2012-06-01 DOI: 10.31641/CLR150216

Rosa M. Celorio

{"title":"The Case of Karen Atala and Daughters: Toward a Better Understanding of Discrimination, Equality, and the Rights of Women","authors":"Rosa M. Celorio","doi":"10.31641/CLR150216","DOIUrl":"https://doi.org/10.31641/CLR150216","url":null,"abstract":"This article discusses the potential legacy and impact in the development of women’s rights standards of the case of Karen Atala and Daughters; the first ruling of the inter-American human rights system related to discrimination on the basis of sexual orientation. \u0000 \u0000The author suggests that this judgment makes key contributions to international human rights law in five key areas related to the obligations not to discriminate, the guarantee of equality, and the rights of women, including: 1) the scope and reach of the obligations not to discriminate and to guarantee equality under articles 1.1 and 24 of the American Convention; 2) the features of the “rigorous scrutiny” standard and its applicability to prohibited factors of discrimination; 3) the prohibition of discrimination on the basis of sexual orientation and gender identity, and its applicability to individual cases related to women; 4) the correlation of this prohibition with the rights to privacy and to protection of the family under international human rights law; and 5) the content of the bests interests of the child under international human rights law. \u0000 \u0000This article concludes that further definition by the Inter-American Commission and Court of Human Rights of the content and scope of the obligations not to discriminate and to guarantee equality in individual cases—such as the one related to Karen Atala and Daughters—is paramount to the development of adequate and effective international legal standards related to women’s rights. These obligations are of utmost importance as they constitute the backbone of the inter-American and universal systems of human rights. They are also priority women’s rights issues pertaining to civil, political, economic, social, and cultural rights. \u0000 \u0000The author also contends that it is paramount to understand the connection between the obligations not to discriminate and to guarantee equality, and the full panoply of human rights involved in the obligation to respect and guarantee the rights of women, including those related to their sexual orientation, gender identity, privacy, and family. Legal developments in this sense will also open the door for the Inter-American Commission and the Court’s resolution of cases involving forms of discrimination that affect women based on their sex, and other factors of discrimination still unrecognized as “prohibited” or “suspect” by the international community.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130878825","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

"Hallowed By History, But Not By Reason": Judge Rakoff's Critique of the Securities and Exchange Commission's Consent Judgment Practice “被历史神圣化，但不被理性神圣化”:拉科夫法官对美国证券交易委员会同意判决实践的批判

City University of New York Law Review Pub Date : 2012-03-19 DOI: 10.2139/SSRN.2026090

Michael C. Macchiarola

{"title":"\"Hallowed By History, But Not By Reason\": Judge Rakoff's Critique of the Securities and Exchange Commission's Consent Judgment Practice","authors":"Michael C. Macchiarola","doi":"10.2139/SSRN.2026090","DOIUrl":"https://doi.org/10.2139/SSRN.2026090","url":null,"abstract":"Over the past several years, in a trilogy of opinions, Judge Jed S. Rakoff of the United States District Court of the Southern District of New York has established himself as a minor cult hero for daring to question the wisdom of the long-running consent judgment practice of the Securities and Exchange Commission (“Commission”). At its core, each opinion addresses issues of affinity for settlement, judicial deference to the judgments of administrative agencies and the general theory of damages in cases of corporate malfeasance. Much attention has been focused on the high-profile nature, appealing facts or colorful judicial language of each of the controversies. Yet, the value of the judge’s opinions is found elsewhere – in the basic questions he dares to confront regarding the proper role of the courts in validating and enforcing the special kind of settlement known as the consent judgment. The judge’s agitation reveals a practice “hallowed by history, but not by reason” and sheds light on a curious corner too long unexamined and unquestioned out of deference, convenience, apathy or some combination thereof. As Judge Rakoff notes, “in any case . . . that touches on the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives, there is an overriding public interest in knowing the truth.” This Article examines each of the three relevant opinions in an effort to articulate Judge Rakoff’s critique within a framework that remains faithful to the deference that should be accorded administrative agencies and respectful of the proper judicial function. The Article explores the history of the consent judgment practice at the Commission and examines the motivations and developments that have made it all too convenient for the Commission and defendants to routinely favor settlement. The Article also suggests a more active role for courts is both necessary and responsible in cases where the Commission seeks judicial enforcement powers to assist in the monitoring of wrongdoers post-settlement. Finally, the Article explores the anticipated results of this issue’s new found attention and theorizes as to the likely effects on the Commission’s ongoing practice of gaining settlements.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"238 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-03-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121069762","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 7

Pepsico and Public Health: Is the Nation's Largest Food Company a Model of Corporate Responsibility or Master of Public Relations? 百事公司与公众健康:美国最大的食品公司是企业责任的典范还是公共关系的大师?

City University of New York Law Review Pub Date : 2011-12-31 DOI: 10.31641/CLR150102

Michele R. Simon

{"title":"Pepsico and Public Health: Is the Nation's Largest Food Company a Model of Corporate Responsibility or Master of Public Relations?","authors":"Michele R. Simon","doi":"10.31641/CLR150102","DOIUrl":"https://doi.org/10.31641/CLR150102","url":null,"abstract":"While most people just think of soda when they hear the name Pepsi, the multinational conglomerate called PepsiCo is actually the largest food company in the United States and second largest in the world (Nestlé is number one).1 PepsiCo’s dizzying reach extends far beyond just fizzy sodas. Formed in 1965 through a merger of Pepsi-Cola with Frito-Lay, the company’s marriage of salty snacks with soft drinks has been key to the company’s success, and sets it apart from industry competitor Coca-Cola, which still only owns beverages.2 Over the past decade, many questions have been raised about the role of the food industry in contributing to a marketing environment in which unhealthy beverages and snacks have become the norm. While industry responses have come in various forms, PepsiCo stands out, at least in terms of public relations. The company prides itself on being a leader in corporate social responsibility. The goal of this article is to take a closer look at what the company says it’s doing, what it’s actually doing, and the broader context for these actions. By any measure of good health, sugary beverages and salty snacks are not exactly “part of a balanced diet,” at least not on a regular basis. Add to that increasing pressures in schools and local communities to reduce or eliminate junk food marketing to children,3 and it becomes clear that a company like PepsiCo has a pretty serious public relations challenge on its hands.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124219569","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5