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From the Mouths of Babes: Evidentiary Issues, Child Declarants, and Statements Made for Medical Diagnosis or Treatment
International Abolitionist Advocacy: The Rise of Global Networks to Advance Human Rights and the Promise of the Worldwide Campaign to Abolish Capital Punishment
The modern international human rights movement began with the U.N. Charter and the U.N. General Assembly\u27s adoption of the Universal Declaration of Human Rights. Although the movement to abolish the death penalty is rooted in the Enlightenment, global advocacy to halt executions and to abolish capital punishment has accelerated exponentially in recent decades. This Article discusses the origins of global networks to advance human rights and highlights the growing international advocacy, including by nation-states and nongovernmental organizations ( NGOs ), for a worldwide moratorium on executions and to abolish capital punishment altogether. The total number of countries conducting executions in the past few decades has declined dramatically, putting retentionist states, such as China, Iran, Saudi Arabia, Iraq, North Korea, and the United States, in an increasingly isolated position in the international community. Many nations now even refuse to extradite criminal suspects without assurances that the death penalty will not be sought. With more than 90 countries having already ratified or acceded to the Second Optional Protocol to the International Covenant on Civil and Political Rights ( ICCPR ), aiming at the abolition of the death penalty, and with scores of domestic and international NGOs now actively promoting abolition, the global movement to abolish capital punishment has made significant strides and holds tremendous promise, though much more work remains to be done. This Article highlights the path forward for advocates seeking the death penalty’s abolition in law—and de facto—across the globe, with a focus on international law and classifying the use of capital prosecutions, death sentences, and executions as acts of torture and clear violations of fundamental human rights. In particular, the Article discusses advocacy efforts before the United Nations, highlights the role of NGOs in leading that effort, and advocates for the recognition of a peremptory, or jus cogens, norm of international law prohibiting capital punishment in light of the modern conception of torture
Deadly Deliberations: Nonunanimous Juries and the Equal Protection Tightrope of Capital Punishment
Menstrual Justice After Dobbs
This Article identifies and analyzes the category of state and private regulation that is invisible and subordinates women and other menstruators in ways that impact their privacy, liberty, and equality. Because this category of regulation is pervasive, bringing it to light is critical for considering how best to curb its harm. This Article considers potential legal strategies to counter such menstruation regulation and argues that Dobbs v. Jackson Women’s Health Organization offers some promise—but more cause for pessimism—regarding the U.S. Constitution’s power to do so. This Article therefore explains how subconstitutional law offers greater potential, while cautioning that political science research shows progressive law reform can be limited by a misogynistic strategy, that is, the political strategy of maintaining patriarchal order and female gender roles
Advancing Disability-inclusive Climate Research and Action, Climate Justice, and Climate-resilient Development
Globally, more than 1 billion people with disabilities are disproportionately and differentially at risk from the climate crisis. Yet there is a notable absence of climate policy, programming, and research at the intersection of disability and climate change. Advancing climate justice urgently requires accelerated disability-inclusive climate action. We present pivotal research recommendations and guidance to advance disability-inclusive climate research and responses identified by a global interdisciplinary group of experts in disability, climate change, sustainable development, public health, environmental justice, humanitarianism, gender, Indigeneity, mental health, law, and planetary health. Climate-resilient development is a framework for enabling universal sustainable development. Advancing inclusive climate-resilient development requires a disability human rights approach that deepens understanding of how societal choices and actions—characterized by meaningful participation, inclusion, knowledge diversity in decision making, and co-design by and with people with disabilities and their representative organizations—build collective climate resilience benefiting disability communities and society at large while advancing planetary health