Volume 34 - Issue 1

Romani Women’s Right to Water: Bringing Intersectional Discrimination Claims in the E.U.

“Water, water every where, nor any drop to drink.” Coleridge’s famous words reflected the situation of sailors on a ship, but the words hold true for the situation of many on land today. 2.1 billion people lack access to safe drinking water at home, and by 2025, half of the world will live in a water-stressed area. While the mind may more readily think of deserts, sixty-two million people lack access to adequate sanitation and drinking water sources in Europe. Europe’s largest minority— Roma—are disproportionately impacted regarding access to water.

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Making Children’s Rights Widely Known

Since the advent of the U.N. Convention on the Rights of the Child (“CRC”), the international community has witnessed significant progress on children’s rights in both law and practice. Yet as we reach the 30th anniversary of the CRC, children’s rights violations remain widespread. These abuses reinforce the fact that children’s rights—and human rights more generally—have yet to be fully embraced in all communities. A precursor to children’s rights being fully embraced and respected is to have them widely known and understood.

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Basic Law: Israel as the Nation State of the Jewish People: Implications for Equality, Self Determination and Social Solidarity

Basic Law: Israel as the Nation State of the Jewish People (“the Law”) was enacted on July 19, 2018. The Law is the fourteenth and latest Basic Law enacted as part of the incremental, ongoing process of enactment of constitutional norms in Israel. The enactment of the Law triggered an intense public debate in Israel, one that is still far from subsiding.

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Enforcing Socioeconomic Rights in Neoliberal India

This Article challenges the conventional narrative on fundamental rights adjudication in India. The narrative goes like this: The Indian judiciary, led by the Supreme Court, produced several transformational decisions in the 1980s. These decisions, among other things, loosened procedural rules to permit fundamental rights petitions on behalf of poor and marginalized groups and also recognized an array of socioeconomic rights, such as rights to work and shelter.

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The Impact of Recording Artists and Music on Legal and Social Change

Whether you are in your car, on a run, or in a store, music surrounds you. Music is a part of everyday life. We form opinions, talk about, and connect with music on personal levels. Furthermore, music can influence not only personal decisions but broader social goals and ideas. This article focuses on how recording artists use their music and their celebrity status to influence social and humanitarian goals, including legal regulations and the business world. Nearly everyone can name a current or past artist associated with a social movement.

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Studying Abroad: Foreign Legislative Responses to Mass Shootings and Their Viability in the United States

As difficult as they are to relive, the horrors of Newtown, Orlando, Las Vegas, and Parkland conceal a horrifying truth: mass shootings—incidents in which four or more individuals are shot and killed (not including the shooter)—are on the rise in the United States. They are occurring more frequently and have become more deadly. Yet following each unspeakable tragedy, as cries for reform grow increasingly shrill, gun sales rise and legislatures stonewall.

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The Case for Transitional Justice: Transparency, Undemocratic Institutions, and the Legitimacy Problem in American Prisons

In July 2014, Ramon Fabian entered the Ulster Correction Facility in upstate New York as an inmate. Less than a week later, Fabian had one of his testicles surgically removed because of damage resulting from a beating administered by a prison guard, Michael Bukowski. Bukowski beat Fabian as punishment for talking during the morning head count. After the headcount ended, Bukowski took Fabian to an isolated part of the prison. There were no cameras and no fellow inmates. There, he ordered Fabian to face the wall, stretch out his arms, and spread his legs, which is commonly known as a frisk position. Bukowski then kicked Fabian between the legs, with such force that his testicle ruptured, and he had to crawl back to his cell. Bukowski then left Fabian in his cell. It was not until later, when Fabian reported to the mess hall, that a different prison guard sent him to the medical unit, and eventually to the hospital for surgery.

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Consociationalism: A Constitutional Solution for Ethnic Tension and Violence in South Sudan

Consociationalism, a theory based around power-sharing mechanisms for different ethnic groups, is a key component of many modern solutions to ethnic-based conflict. Consociationalism is a theory aimed to reorient Western policy away from its preference for majoritarian solutions to end ethnic conflicts. Instead, Arend Lijphart, the promulgater of consociationalist theory, urged policy makers to recognize the value of ethnic identities. Lijphart asserted that a recognition of the complexities of ethnic tensions would allow policy makers to create governments that could alleviate, if not eliminate, ethnic tensions by creating ethnic-based governments. Consociationalism provides a path for countries suffering from ethnic conflict, like South Sudan, to return to political stability.

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An Interview with Professor Stephen Befort

Professor Stephen F. Befort is the Gray, Plant, Mooty, Mooty, and Bennett Professor of Law at the University of Minnesota Law School. He practiced in the labor and employment field extensively before joining the University of Minnesota Law School faculty in 1982, and he continues to serve as a frequent arbitrator of labor and employment disputes. Professor Befort is a widely published scholar in the field of labor and employment law, having authored more than 40 articles and eight books, including INVISIBLE HANDS, INVISIBLE OBJECTIVES: BRINGING WORKPLACE LAW AND PUBLIC POLICY INTO FOCUS (with John Budd, 2009). He has served as Co-Editor of the ABA Journal on Labor and Employment Law, Chair of the American Branch of the International Society for Labor and Social Security Law, Chair of the Labor Law Group, and as a member of the National Academy of Arbitrators Board of Governors.

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