42 Years of Impactful Scholarship

Volume 41, Issue 5

International Human Rights Scrutiny of China's Treatment of Human Rights Lawyers and Defenders: The committee Against Torture

Felice Gaer, Director of the Jacob Blaustein Institute for the Advancement of Human Rights, examines the Committee against Torture’s approach in its review of China’s compliance with the Convention against Torture since becoming a State party. She is also a member and Vice-Chair of the Committee and, in that capacity, participated in the 2000, 2008, and 2015 reviews of China’s periodic reports.

Read More
Human Rights Lawyers' Role in Rights NGOs in China: History and Future

With the passage of the “Lawyers Law of the People’s Republic of China” at the Nineteenth Session of the Standing Committee of the Eighth National People’s Congress on May 15, 1996, the Chinese legal profession entered a period of fast and orderly development. On September 12, 1997, a report released at the Fifteenth National Congress of the Communist Party of China formally introduced the term “rule of law” (依法治国)...

Read More
ArticleFordham ILJLu Jun
LGBT Rights-Focused Legal Advocacy in China: The Promise, and Limits, of Litigation

Twenty years after the purported decriminalization of homosexuality in China, the law remains largely silent on the interaction between the LGBT community and the State. This may be about to change. In recent years a number of LGBT civil society organizations in China have embarked on a series of bold legal advocacy campaigns to promote equal rights for LGBT people. As courts have started to publish decisions in cases involving LGBT issues, these campaigns have begun to bear fruit. While the results of these interactions between LGBT communities and the State in courthouses and other legal forums have not always resulted in direct victory for equal rights, many LGBT people and allies are encouraged by both what they have (and have not) seen in these decisions...

Read More
In Whose Service? The Transnational Legal Profession's Interaction with China and the Threat to Lawyers' Autonomy and Professional Integrity

When in May 2016, Peng Jiyue, a Chinese lawyer employed by the Chinese part of the international law firm Dentons Dacheng, undertook to represent the family of Lei Yang, a young environmental activist who had died under suspicious circumstances in police custody, it was an act of kindness, partly motivated by friendship with the family. They had not formally appointed him in writing, but he accompanied them to view the bruised body and called for an independent autopsy on their behalf...

Read More
Sticks and Stones May Break my Bones, But Words May Also Hurt Me: A Comparison of United States and German Hate Speech Laws

The intersection of 116th Street and Broadway is an iconic spot in New York City. An exquisite black gate, with two towering pylons, one for the Arts and one for the Sciences, marks the entrance to one of the most beautiful places in Manhattan: Columbia University. There is one more iconic piece of that entrance, which everyone at Barnard and Columbia knows very well: the man who stands by the gate with a sign that says “Google it! Jews control . . . .” Some of his signs have said “Google it! Jews control the internet,”...

Read More
Cleaning up the Industry: Improving Protections for Precarious and Child Domestic Workers

The most abusive forms of child labor are often thought to be trafficking for sexual exploitation or excessive working hours in factories. While these labor abuses do exist, the reality is that some of the most abusive forms of child labor occur in the private homes of wealthy and middle-class families in the form of domestic work. If it is true that criminals are best deterred by the likelihood of apprehension…

Read More