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Articles 1 - 30 of 2932
Full-Text Articles in Entire DC Network
The Importance Of Administrative Appeals As Second Instance Bodies To Strengthen Migration And Asylum Systems, Gabriela Richard Rodriguez
The Importance Of Administrative Appeals As Second Instance Bodies To Strengthen Migration And Asylum Systems, Gabriela Richard Rodriguez
Refugee Law & Migration Studies Brief
According to data from UNHCR's Report, "Global Trends - Forced Displacement in 2022," there were 108.4 million forcibly displaced people worldwide in 2022; in the first half of 2023 alone, there were 110 million displaced people, indicating that 2023 could double the figures of 2022. Based on my experience as an administrative judge in the Administrative Migration Tribunal in Costa Rica— a body of second instance in the migration system— I consider that, in view of the impact that the migration and asylum systems had had in countries of transit and destination, it is essential that there be second instances …
Advancing The Due Process Right To Appointed Counsel In Immigration Removal Proceedings, Chloe Schalit
Advancing The Due Process Right To Appointed Counsel In Immigration Removal Proceedings, Chloe Schalit
Refugee Law & Migration Studies Brief
Right now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding …
Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla
Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla
Refugee Law & Migration Studies Brief
No abstract provided.
Barriers Beyond The Border: Addressing The Economic And Racial Disparities Created By Cbp One, Ann-Renee Rubia
Barriers Beyond The Border: Addressing The Economic And Racial Disparities Created By Cbp One, Ann-Renee Rubia
Refugee Law & Migration Studies Brief
CBP One is a mobile app that allows asylum seekers to schedule appointments for inspection before entering the United States ("U.S."). First, this paper will discuss the ethical issues posed by CBP One—specifically asylum seekers' unequal access to the app. Second, this paper will examine the equal protection implications posed by CBP One and the application of constitutional rights to noncitizens inside and outside the U.S. Next, it will address the ongoing litigation concerning the extension of constitutional rights to noncitizens arriving at the southern border. Lastly, it will discuss the incompatibility of CBP One with the Immigration and Nationality …
A Diversity Of Adequacy: The European Commission's 11-Country Adequacy Review, Lauren Macievic
A Diversity Of Adequacy: The European Commission's 11-Country Adequacy Review, Lauren Macievic
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham
Sustainable Development Law & Policy
The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …
Deconstructing Burglary, Ira P. Robbins
Deconstructing Burglary, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
The law of burglary has long played a vital role in protecting hearth and home. Because of the violation of one’s personal space, few crimes engender more fear than burglary; thus, the law should provide necessary safety and security against that fear. Among other things, current statutes aim to deter trespassers from committing additional crimes by punishing them more severely based on their criminal intent before they execute their schemes. Burglary law even protects domestic violence victims against abusers who attempt to invade their lives and terrorize them.
However, the law of burglary has expanded and caused so many problems …
A Comparative Analysis Of Domestic And International Legislation On Combating International Bribery And Corruption, Jose W. Alvarez
A Comparative Analysis Of Domestic And International Legislation On Combating International Bribery And Corruption, Jose W. Alvarez
American University International Law Review
This composition compares and contrasts the legislation used in addressing and preventing transnational bribery and corruption at the domestic, regional, and international level. Using the history and current application of the United States Foreign Corrupt Practices Act as a foundation, this composition analyzes the legislation of fifteen nations, two international organizations, and three regional bodies, and their approaches in combating the growing issue of transnational bribery and corruption. This composition analyzes and interprets the common themes, historical and contemporary patterns, as well as trends at each government level, and potential future courses of action. The denouement of this work seeks …
Immigraft, Jayesh Rathod, Ann Schaufele
Immigraft, Jayesh Rathod, Ann Schaufele
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Rhetoric Of Abortion In Amicus Briefs, Jamie Abrams, Amanda Potts
The Rhetoric Of Abortion In Amicus Briefs, Jamie Abrams, Amanda Potts
Articles in Law Reviews & Other Academic Journals
The amicus briefs filed in landmark abortion cases before the U.S. Supreme Court serve as a barometer revealing how various constituencies talk about abortion, women, fetuses, physicians, rights, and harms over time. This article conducts an interdisciplinary legal-linguistic study of the amicus briefs that were filed in the milestone abortion cases of Roe v. Wade, Doe v. Bolton, Planned Parenthood v. Casey, and Dobbs v. Jackson Women’s Health. As the first large-scale study of all amicus briefs submitted in these key cases, this article identifies the roles of amicus briefs, analyzes their rhetorical strategies, and describes how their authors engage …
A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt
A Fourth Amendment Pathfinder: Stop-And-Frisk And Race, Emily Pratt
Upper Level Writing Requirement Research Papers
No abstract provided.
Simplifying The Wipo Broadcasting Treaty: Proposed Amendments To The Third Revised Draft, Bernt Hugenholtz
Simplifying The Wipo Broadcasting Treaty: Proposed Amendments To The Third Revised Draft, Bernt Hugenholtz
Joint PIJIP/TLS Research Paper Series
In preparation of the 44th meeting of the SCCR a Third Revised Draft Text for the WIPO Broadcasting Organizations Treaty was prepared by the SCCR Acting Chair. The current (third) draft contains mostly minor modifications as compared to the previous draft. The previous (second) revised draft was critically examined by the author of this document. The present document builds on the Comments by proposing amendments that transform the main points of criticism and suggestions for improvement into possible treaty language. Whereas – following the 2007 General Assembly decision – there is consensus within the SCCR that the Broadcasting Treaty …
A Trusted Framework For Cross-Border Data Flows, Alex Joel
A Trusted Framework For Cross-Border Data Flows, Alex Joel
Joint PIJIP/TLS Research Paper Series
The German Marshall Fund of the United States (GMF), in cooperation with the Tech, Law and Security Program (TLS) of the American University Washington College of Law, and with support from Microsoft, convened a Global Taskforce to Promote Trusted Sharing of Data comprising experts from civil society, academia, and industry to submit proposals for harmonizing approaches to global data use and sharing. Former US Ambassador to the Organisation for Economic Co-operation and Development (OECD) and GMF Distinguished Fellow Karen Kornbluh and Microsoft Chief Privacy Officer and Corporate Vice President Julie Brill co-chaired the taskforce; TLS Senior Project Director Alex Joel …
Two Visions Of Digital Sovereignty, Sujit Raman
Two Visions Of Digital Sovereignty, Sujit Raman
Joint PIJIP/TLS Research Paper Series
No abstract provided.
International Agreements Shaping Migration Solutions, Camilo Mantilla
International Agreements Shaping Migration Solutions, Camilo Mantilla
Refugee Law & Migration Studies Brief
In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements.
Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman
Nefarious Notarios: Responding To Immigration Scams As White Collar Crime As A Matter Of Public Policy, Sarah Cossman
Refugee Law & Migration Studies Brief
Immigration scams targeting non-citizens can have devastating impacts on an individual's status and ability to remain in the United States legally. The phenomenon of notario fraud occurs when an individual misrepresents themself as a notario publico in an effort to defraud immigrants seeking legal services. In Spanish-speaking countries, a notario publico is a highly trained legal professional, akin to an attorney, who provides legal advice and drafts legal documents. The term is a false cognate. The English equivalent, a notary, is an individual with narrow witnessing duties and much less discretion. Problems arise when individuals obtain a notary public license …
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Anti-Corruption’S Next Great Migration?: Strengthening U.S. Refugee And Asylum Law Under Existing U.S. Anti-Corruption Commitments, Bianka Ukleja
Refugee Law & Migration Studies Brief
First, this paper will describe the U.S.’s anticorruption commitments under international law. Next, it will present the general features of current U.S. refugee and asylum law, pertaining to particular social group (PSG) and political opinion claims. Last, this paper will discuss how the Biden Anti-Corruption Memo provides fertile ground for DHS to initiate an informal rulemaking process under the Administrative Procedure Act (APA) to engage civil society on how U.S. refugee and asylum laws can better support a pathway to citizenship for anti-corruption activists in pursuit of key U.S. foreign policy interests abroad and who find themselves unable to seek …
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.
This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Opaque Notification: A Country-By-Country Review, Lauren Mantel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Necessity, Proportionality, And Executive Order 14086, Alex Joel
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Third Joint Academic Opinion On The South African Copyright Amendment Bill [B13d-2017], Sanya Samtani, Klaus Beiter, Sean Flynn, Caroline B. Ncube, Chijioke Okorie, Desmond Oriakhogba, Andrew Rens, Tobias Schonwetter
Third Joint Academic Opinion On The South African Copyright Amendment Bill [B13d-2017], Sanya Samtani, Klaus Beiter, Sean Flynn, Caroline B. Ncube, Chijioke Okorie, Desmond Oriakhogba, Andrew Rens, Tobias Schonwetter
Joint PIJIP/TLS Research Paper Series
South Africa is in the process of reforming its copyright law, attempting to update and align it with constitutional rights and existing and prospective international treaty obligations. A coalition of copyright, human rights, and constitutional law experts have been engaging in the ongoing national and provincial public participation processes. This working paper chronicles the law reform process until April 2023, covering related constitutional court litigation, and then goes on to set out the submissions made on behalf of the group of experts. The process offers insights into the different but crucial roles played by the legislature and the judiciary in …
Endnotes, Sdlp
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Toxic Criminals: Prosecuting Individuals For Hazardous Waste Crimes Under The United States Resource Conservation And Recovery Act, Dr. Joshua Ozymy, Dr. Melissa Jarrell Ozymy
Sustainable Development Law & Policy
The U.S. Resource Conservation and Recovery Act (“RCRA”) contains criminal provisions which allow prosecutors to seek substantial penalties when individuals commit hazardous waste crimes involving significant harm or culpable conduct. However, our empirical understanding of enforcement outcomes is limited. We used content analysis of 2,728 criminal prosecutions derived from U.S. EPA criminal investigations from 1983 to 2021 and examined all prosecutions of individual defendants for RCRA violations. Our results show that 222 prosecutions were adjudicated, with over $72.9 million in monetary penalties, 755 years of probation, and 451 years of incarceration levied at sentencing. Seventeen percent of prosecutions centered on …
Editors' Note, Rachel Keylon, Meghen Sullivan
Editors' Note, Rachel Keylon, Meghen Sullivan
Sustainable Development Law & Policy
For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) has published works analyzing emerging legal and policy issues within the fields of environmental, energy, sustainable development, and natural resources law. SDLP has also prioritized making space for law students in the conversation. We are honored to continue this tradition in Volume XXIII.
The Wipo Broadcasting Treaty: Comments On The Second Revised Draft, Bernt Hugenholtz
The Wipo Broadcasting Treaty: Comments On The Second Revised Draft, Bernt Hugenholtz
Joint PIJIP/TLS Research Paper Series
From March 13 to 17, 2023, the WIPO Standing Committee will discuss, for the 43rd consecutive time, a possible Treaty on the Protection of Broadcasting Organizations. The draft treaty, which has featured high on the Committee’s agenda since its inception in 1998, would offer international protection to broadcasting organizations against unauthorized retransmission and related uses. Despite many years of discussion, stern opposition, countless redrafts and political setbacks, the controversial treaty project has never been abandoned. A Second Revised Draft Text, published on 11 January 2023, is now on the Committee’s agenda. This paper critically discusses the history, rationales, and examines …
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Data Localization And Government Access To Data Stored Abroad: Discussion Paper 2, Shanzay Pervaiz, Alex Joel
Joint PIJIP/TLS Research Paper Series
The Centre for Information Policy Leadership (CIPL) and Tech, Law & Security Program (TLS) have been collaborating on a project regarding data localization policies. As data localization is increasingly gaining traction, we seek to understand the different dimensions of the impacts and effectiveness of these policies. As part of this collaboration—CIPL published a paper on the “real life” business, societal, and consumer impacts of data localization policies and TLS published the present paper on whether data localization measures are legally effective in achieving one of their main ostensible purposes, i.e., to prevent foreign government access to data.
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
How To Get Away With Discrimination: The Use Of Algorithms To Discriminate In The Internet Entertainment Industry, Sumra Wahid
American University Journal of Gender, Social Policy & the Law
In July 2021, Ziggi Tyler posted a video on TikTok, a popular video sharing platform, where he expressed his frustration with being a Black content creator on TikTok. The video showed Ziggi typing phrases such as “Black Lives Matter” or “Black success” into his Marketplace creator bio, which the app would immediately flag as inappropriate content. However, when Ziggi replaced those words with “white supremacy” or “white success,” no inappropriateness warning appeared. Although a TikTok spokesperson responded to the video clarifying that the app had mistakenly flagged phrases without considering word order, Ziggi refused to let an algorithm absolve TikTok …
Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker
Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker
Human Rights Brief
For decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for …
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
Into The Valley Of The Shadow Of Death: War Crimes Committed In Service Of Russia's Crusade To Destroy Ukraine, Chris Galarza
American University National Security Law Brief
When Russian tanks rolled across the border into Ukraine during the early morning of February 24, 2022, most in the American defense and diplomatic establishment were shocked and sure the war would be over in a few days. Credible open-source tactical and strategic analysis predicted that Ukraine’s regular military forces would be defeated in “days or weeks” as long as Russian military forces were determined to pursue their objectives. The United States Government was so sure that Kyiv was under imminent threat of capture that they offered to evacuate President Volodymyr Zelenskyy so that he could rule from exile, rather …
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
Revisiting Goldwater-Nichols: Why Making The Joint Staff A General Staff Will Improve Civilian Control Of The Military And Refine The Constitutional Balance Of War Powers, Michael D. Minerva
American University National Security Law Brief
As the United States has progressively become more involved globally since World War II, the U.S. military is being stretched beyond the professional military competency straining civilian control of the military. To remedy this, it is again time to revisit our national security structure, and adopt a General Staff in place of the Joint Staff. Following World War II and the destruction of the German General Staff by the Nazi Party, the General Staff as an institution has been emotionally rejected in the United States without a careful historical and legal examination of how that institution operates under varying forms …