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The Venice Commission’s Impact Regarding the Fight with Democratic Backsliding and Rule of Law Recovery: Reflections of the Polish Example
The Article examines the role of the Venice Commission — the expert body affiliated with the Council of Europe — in addressing democratic backsliding and supporting the restoration of the rule of law, using Poland as a case study. It places the Venice Commission within the broader system of…
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Beyond Borders: Transnational Repression as a System of Authoritarian Control in Russia, Kazakhstan, and Kyrgyzstan
This Article examines transnational repression, state-sponsored persecution of citizens, human rights defenders, journalists, members of diaspora, and critical voices located outside physical borders, as a systemic tool of political control employed by Russia, Kazakhstan, and Kyrgyzstan. Based on…
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Visible at Last: Legal Recognition of Children Born of War (CBOW) and the Case of Bosnia and Herzegovina
Children born of war (CBOW) — those conceived through conflict-related sexual violence— have long remained stigmatized, marginalized, and largely invisible in law and policy. Drawing on international scholarship and Bosnia and Herzegovina’s post-conflict experience, this Article examines the…
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Restoring the Organization for the Security and Cooperation in Europe’s Role in Human Rights and Security After Russian Invasion
This Article diagnoses a systemic erosion of rights-based multilateralism driven by geopolitical realignment, reduced leadership by traditional human rights defenders, the rise of authoritarian coalitions, and the growth of transactional and securitized diplomacy. This Article argues that…
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Migration in Context and Law: Global Displacement and the U.S. Immigration System
On February 20, 2026, the Human Rights Brief at American University Washington College of Law (WCL) held its annual symposium, titled “Migration in Context and Law: Global Displacement and the U.S. Immigration System.” This symposium was curated in response to intensified immigration operations…
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B.T. and B.K.CS. v. Hungary: Separating Roma Children from their Mothers before Births
In June of 2025, the European Court of Human Rights (ECtHR) ruled in favor of a Roma mother, B.T., and her son after bringing a lawsuit against the Hungarian government for wrongfully violating their right to family life. The Hungarian government ordered the placement of B.T.’s unborn child into…
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T.H. v. The Czech Republic: A Step Forward or Back for LGBTQ+ Rights and Discourse in Europe with the First Openly Non-binary Applicant?
On December 9, 2025, the European Court of Human Rights (ECtHR) issued a final judgment in the case of T.H. v. The Czech Republic. The case concerned a non-binary individual, T.H., who was assigned male at birth and, since May 2012, had repeatedly petitioned to change their sex/gender marker and…
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Death Without Discretion: The Legality of Mandatory Capital Punishment in Tanzania
The African Court on Human and Peoples’ Rights (AfCHPR) recently found that Tanzania’s mandatory death penalty by hanging violates the rights to life and dignity, guaranteed under Articles 4 and 5 of the African Charter on Human and Peoples’ Rights (the Charter). The Court’s judgment on June 26…
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Reparations Delayed, Not Denied: The Inter-American System Confronts Chile’s Dictatorship-Era Violations
On September 24, 2025, the Inter-American Commission on Human Rights (IACHR) submitted Gustavo Guillermo Ramírez Calderón v. Chile to the Inter-American Court of Human Rights (IACtHR), seeking reparations and justice for victims of forced disappearances during Chile’s military dictatorship…
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How the Sui Generis Principle Has Been Historically Abused in International Law: From the British to the Israelis
I. Introduction For over a century, powerful actors have used a single Latin phrase, sui generis, as a shield to evade accountability under international law. Meaning “of its own kind,” this theory dictates that a situation is so unique that ordinary rules should not apply. In international law…
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Stability and Accountability in Nagorno-Karabakh and the Armenia-Azerbaijan Conflict
I. Introduction On August 8, 2025, President Ilham Aliyev of Azerbaijan and Prime Minister Nikol Pashinyan of Armenia were hosted at the White House by U.S. President Donald Trump to announce the Agreement on Establishment of Peace and Inter-State Relations (the Agreement) in a Joint Declaration…
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“Durable Solutions” Revisited: Italy’s Train-to-Hire Pathway Under the Cutro Decree as Alternative Refugee Protection
I. Introduction If the average person were asked to imagine a refugee, they might conjure the image of a migrant fleeing war or persecution, showing up at the border of a new country with a few belongings in hand, and asking not to be sent back to the dangerous place from which they came. In fact…
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Foreward
This Symposium, The Art of Judging, delved into the complexity of the judicial craft, discussing the intellectual, practical, and human dimensions of judicial work. The Symposium addressed courtroom management, decision-making, and opinion writing, as well as the impact of evolving technologies on…
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Intellectual Humility by Design: How Courts Earn Legitimacy and Improve Decisions
Courts decide disputes as one branch of our government. Their authority depends not only on getting the outcome right but also on public acceptance of their authority. In a time when confidence in institutions is under pressure, courts cannot assume that legitimacy will take care of itself. They…
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Judicial Rhetoric: Writing Persuasive Opinions
In 1947, Judge George Rose Smith denounced, in the Arkansas Law Review, the “dearth of material concerning the mechanics of writing a judicial opinion” as a “striking omission in legal literature.” He was right. The lack of attention given to the judicial opinion-writing process back then was hard…
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Promoting a Rhetoric of Judicial Legitimacy in Pro Se Litigatio
In recent months, headline after headline has decried twin threats to the federal judiciary: declining public trust in the courts and escalating threats to judges’ personal safety. The public’s opinion of the Supreme Court reached “close to a three decade low” in 2025, while Americans’ confidence…
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Anchoring’s Absurd Influence on Judging
Society demands much from its judges. Notably, judges should never be illogical or inconsistent. The heart of what we expect of a judge is to apply the law to the facts in a logical and consistent way. The human mind, however, is not a giant syllogistic machine. People are obviously capable of…
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A New Prescription: Arkansas Law on Pharmacy Benefit Managers
Seven thousand pharmacies have closed throughout the United States since 2019. This number includes both local pharmacies and larger chains. The effect of both types of closures, though, is the same—pharmacy deserts. A pharmacy desert can occur in all types of areas; it simply means that consumers…
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