HLS Faculty Scholarship

Improper confinement of children in migration contexts – unnecessary, prolonged, or in harmful conditions – constitutes a severe and highly troubling phenomenon in the world today, and has reached crisis proportions in the United States. One of the tools that the international human rights system offers for combating this phenomenon is the prohibition of arbitrary detention. The Human Rights Committee’s General Comment No. 35 on the right to liberty and security of person elaborates standards for characterizing detention as arbitrary, in this field as well as others.2 It provides guidance to states, and support to advocates seeking to limit the use of detention against children who cross borders. The standards do not, however, define every instance of detention of a person under eighteen years of age in the course of migration enforcement as inherently arbitrary. The term ‘detention’ covers a range of forms and durations of control, applied in a variety of situations. The general comment’s treatment of the issue is consonant with article 37(b) of the Convention on the Rights of the Child, which requires that ‘[t]he arrest, detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time.’3 This chapter will first introduce the Human Rights Committee and its case law restricting detention of children in the migration context. Then it will turn to the general comment adopted in 2014, and reasons that favor the Committee’s nuanced approach to the factors that make detention of a minor arbitrary.

Israel has used “targeted killings” against suspected terrorists since the alAqsa intifada began in September 2000. By the end of 2005, almost 300 terrorist organization members and 150 civilian bystanders had been killed in targeted killings, in addition to hundreds of civilians wounded.1 The policy has received wide international condemnation2 and has sparked vigorous debate among scholars about its lawfulness. After four years of consideration,3 the Israeli Supreme Court recently weighed in with the world’s first judicial decision on targeted killings in Public Committee Against Torture in Israel v. Government of Israel (PCATI). In PCATI, the court held that terrorists are civilians under the law of armed conflict and thus are lawfully subject to attack only when they directly participate in hostilities.4 But the court also expanded the traditional definition of “direct participation” and the time period during which civilians may lawfully be attacked. By disregarding the “direct participation” requirement’s important evidentiary function, the court weakened the protections that international law affords to all civilians, not just to terrorists.

A decade after the darkest moments of the financial crisis, both the US financial system and the legal framework for its regulation are still in flux. The post-crisis regulatory framework has made systemically important banks much more resilient. They are substantially better capitalized and less dependent on runnable short-term funding. But the current regulatory framework does not deal effectively with threats to financial stability outside the perimeter of regulated banking organizations, notably from forms of shadow banking. Moreover, with the political tide having for the moment turned decisively toward deregulation, there is some question whether the resiliency improvements of the largest banks will be preserved. This article assesses the accomplishments, unfinished business, and outstanding issues in the post-crisis approach to prudential regulation.

Under certain circumstance, a relaxation in occupational licensing standards can increase the quality of those who enter the industry. The effect turns on the opportunity costs of preparing for the licensing examination: making the test easier can increase the quality of those passing if it lowers the opportunity costs enough to increase the number of those willing to go to the trouble of taking the test. We explore the theoretical circumstances under which this can occur and the actual effect of the relaxation of the difficulty of the bar exam in Japan from 1992 to 2011.

The architecture and offerings of the Internet developed without much steering by governments, much less operations by militaries. That made talk of “cyberwar” exaggerated, except in very limited instances. Today that is no longer true: States and their militaries see the value not only of controlling networks for surveillance or to deny access to adversaries, but also of subtle propaganda campaigns launched through a small number of wildly popular worldwide platforms such as Facebook and Twitter. This form of hybrid conflict – launched by states without state insignia, on privately built and publicly used services – offers a genuine challenge to those who steward the network and the private companies whose platforms are targeted. While interventions by one state may be tempered by defense by another state, there remain novel problems to solve when what users see and learn online is framed as organic and user-generated but in fact it is not.

In July 2015, President Barack Obama released an updated National HIV/AIDS Strategy (NHAS) for the United States to guide HIV efforts through the year 2020. A federal action plan to accompany the updated NHAS will be released in December 2015. In this editorial, we offer a strengths, weaknesses, opportunities and threats analysis with the aim of increasing discussion of ways to truly fulfill the promise of the updated NHAS and to address barriers that may thwart it from achieving its full potential.

Inclusive higher education is elusive for students with disabilities, especially in developing countries. The adoption and rapid ratification of the Convention on the Rights of Persons with Disabilities (CRPD) provides, if applied as its drafters intended, a “whole of institution” framework for its realization (CRPD Committee, 2016). Myriad legal, attitudinal, physical, and communication-based barriers limit or exclude participation. The individual impact of such discrimination is clear and carries lifelong consequences. Equally endemic are the broad societal and pedagogical effects of this exclusion. To illustrate: preventing persons with disabilities from Teacher Education courses impacts inclusive education in primary and secondary education; barring people with disabilities from academic programs in the sciences stifles innovation in assistive technology, health, and rehabilitation; and limiting access to studying the humanities hampers the emergence of disability studies as a rightful discipline. This article presents a framework for inclusive higher education in developing countries as contemplated by the CRPD. In doing so, we draw on field work conducting the first assessment of the accessibility of Egyptian public higher education to students with disabilities. We outline lessons that can be learned and pitfalls to be avoided both in Egypt and indeed for other countries in the Global South.