Virtual Library

We focus on a central aspect of Blau and Moncada's argument: that a wider range of human rights violations ought to be regarded as justiciable, legally actionable, and formally criminalized. Although we share their normative goals, the turn to law they advocate also presents us with concerns. Our goal is to induce a reflexivity about our scholarly and political tools: we interrogate the turn to law in determining the content,scope, and solution for human rights violations by flagging some of how law operates in transnational context.

Much of what is known about how the law operates is based on the criminal justice process. What is less understood is whether legal, extra-legal, and organizational attributes matter for non-criminal justice processes, such as discrimination and employment disputes. It is this general issue that we examine in this paper. We also incorporate how the development of the legal construct of sexual harassment affects case settlement. Our study attempts to overcome the underutilization of theoretical understandings from the sociology of law to study sexual harassment complaints. We examine 267 sexual harassment complaints against corporate respondents or employing organizations handled by the Canadian Human Rights Commission between 1978–1993 to see what factors influence whether a complaint will be dismissed or settled. Our results show that legal, extra-legal, and case processing factors matter for the resolution of complaints. We also find that the development of sexual harassment as a legal concept is central to understanding the settlement of complaints over time. Finally, we conclude that research on civil and human rights processes should incorporate insights from research on criminal justice processes

Thoughts for social justice law students to help navigate legal education.

The author presents a theoretic framework for understanding racism on 3 levels: institutionalized, personally mediated, and internalized. This framework is useful for raising new hypotheses about the basis of race-associated differences in health outcomes, as well as for designing effective interventions to eliminate those differences. She then presents an allegory about a gardener with 2 flower boxes, rich and poor soil, and red and pink flowers. This allegory illustrates the relationship between the 3 levels of racism and may guide our thinking about how to intervene to mitigate the impacts of racism on health. It may also serve as a tool for starting a national conversation on racism.

This article examines the effects of an uncertain legal status on the lives of immigrants, situating their experiences within frameworks of citizenship/belonging and segmented assimilation, and using Victor Turner's concept of liminality and Susan Coutin's "legal nonexistence." It questions black-and-white conceptualizations of documented and undocumented immigration by exposing the gray area of "liminal legality" and examines how this in-between status affects the individual's social networks and family, the place of the church in immigrants' lives, and the broader domain of artistic expression. Empirically, it draws on ethnographic fieldwork conducted among Salvadoran and Guatemalan immigrants in San Francisco, Los Angeles, Washington, D.C., and Phoenix from 1989 to 2001. The article lends support to arguments about the continued centrality of the nation-state in the lives of immigrants.

This special issue of the Health and Human Rights Journal constitutes another step on the path toward making the case for human rights-based approaches (HRBAs) to health. In 2003, the United Nations (UN) outlined the pillars of an HRBA to development, which include universality and inalienability, indivisibility, interdependence and interrelatedness, non-discrimination and equality, participation and inclusion, and accountability and the rule of law. Since then, leaders from national governments and UN agencies have repeatedly emphasized the need to operationalize human rights and incorporate them into the implementation of policies, programs, projects, and other health-related interventions with a view to enhancing effectiveness. Nevertheless, implementation efforts regarding HRBAs to health and development have faced, and continue to face, multiple challenges, including some degree of miscommunication and polarization between different fields, where the imperatives of health and human rights are not always seen as complementary and rights imperatives are misconstrued to ignore all concerns regarding cost-effectiveness. Even for sympathetic actors and institutions, there is a need to gather sufficient evidence of the impact of human rights to be persuasive to policymakers, donors, and the public alike.

The theory of cultural trauma focuses on the relationship between shared suffering and collective identity: Events become traumatic when they threaten a group’s foundational self-understanding. As it stands, the theory has illuminated profound parallels in societal suffering across space and time. Yet focusing on identity alone cannot explain the considerable differences that scholars document in the outcomes of the trauma process. Namely, while some traumas become the basis for moral universalism, generating a capacity to forge connections between an in-group’s suffering and that of out-groups, others have the opposite effect, leading to particularism and closure. Returning to the interdisciplinary literature on trauma, I argue for incorporating temporality as a twin pillar of the trauma process, distinguishing between acting out (reexperiencing a past event as the present) and working through (situating a painful event within historical context). A comparison of three U.S. sites of memory dealing with terrorism illustrates the distinction.

This article explores the role slavery’s eighteenth-and nineteenth-century Atlantic archive plays alongside the digital humanities’ drive for data. It situates critiques of the digital humanities in relation to decades-old debates about slavery that have reemerged with efforts to enumerate and digitize early modern black diasporic life. The article engages those critiques in light of black diasporic communities’ battles for justice and redress and the forms these have taken online, such as Afrofuturism, eBlack Studies, and Digital Alchemy. It argues that, while digitizing the study of slavery threatens to replicate the death work of the slave ship register, black digital practice offers a way of thinking through black life by invoking what the #transformDH collective has described as the digital humanities’ potential for “social justice, accessibility, and inclusion.” It suggests that black digital practice is the interface by which slavery’s archive belies the presumed neutrality of the digital. Black digital practice is the revelation that black subjects have themselves taken up science, data, and coding, in other words, have commodified themselves and digitized and mediated their own black freedom dreams in order to hack their way into the system (modernity, science, the West), take root, and live where they were “never meant to survive.

The growth of the human rights regime in the Palestinian occupied territories during the last two decades and the spread of visual media have had an extreme effect on the nature of Palestinian politics and society. They have transformed the way Palestinians represent themselves to each other and to the international community, whereby appeals to human rights help to constitute a human subject with certain kinds of rights that are seen to arise not from a political status but from the state of (human) nature. In this article, I explore the "politics of immediation" at work during the second Palestinian intifada, which began in 2000, to explain why social actors mobilize representations of people in states of acute physical and emotional distress as part of their political projects.