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Articles 1 - 18 of 18
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Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri
Criminal Records And Immigration: Comparing The United States And The European Union, Dimitra Blitsa, Lauryn P. Gouldin, James B. Jacobs, Elena Larrauri
Fordham International Law Journal
Because the revolution in information technology has made individual criminal history records more comprehensive, efficient, and retrievable, an individual’s criminal history has become an ever more crucial marker of character and public identity. The broad range of collateral consequences of criminal convictions has become a very salient issue for criminal justice scholars and reformers. A single criminal conviction can trigger thousands of potentially applicable restrictions, penalties, or other civil disabilities. There is no better example of this phenomenon than immigration law and policy, where developments in data storage and retrieval converge with opposition to immigration, especially to immigrants who bear …
Not "Fit" For Hire: The United States And France On Weight Discrimination In Employment, Michael L. Huggins
Not "Fit" For Hire: The United States And France On Weight Discrimination In Employment, Michael L. Huggins
Fordham International Law Journal
Part I will examine past and present attitudes regarding obesity in US society and will discuss the employment challenges obese individuals face because of weight discrimination. Further, Part I will survey US statutory laws at the federal, state, and local levels that currently protect against particular instances of weight discrimination. In sum, this Part aims to provide the current legal and social landscape in the United States for protecting individuals against employment discrimination based on their weight. Part II will look at France’s cultural bias against obesity and its laws against physical appearance discrimination. Part II then will analyze French …
Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee
Bringing In A New Scale: Proposing A Global Metric Of Internet Censorship, Philip Chwee
Fordham International Law Journal
Part I of this Note provides an overview of Internet censorship and international law, including the different approaches and theories behind Internet censorship. Part I.A discusses the development of the ICCPR and its application to the Internet. Next, Part I.B-D provides an in-depth overview of the Internet censorship models of three different countries: the United States, the United Kingdom, and China. Part II examines each country’s Internet censorship model under Article 19 of the ICCPR, considering Article 19(3)’s three-part test and requirements established by recent UN reports interpreting them. The analysis will also examine each country’s copyright laws under Article …
The Effect Of The United Nations Convention Against Torture On The Scope Of Habeas Review In The Context Of International Extradition, Evan King
Fordham International Law Journal
This Note considers the law underlying the question addressed in Trinidad: can habeas courts review an extraditee’s Article Three claims? In turn, this Note considers how courts should interpret the CAT in the extradition context. Part I explores the important conceptual components of the question posed in Trinidad,including US extradition practice, habeas petitions in extradition proceedings, and the CAT’s implementation in the United States. Building on this, Part II examines competing interpretations of Article Three claims in US courts, highlighting how these claims touch on much deeper issues that remain unsettled by several hundred years of habeas corpus jurisprudence. Finally, …
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Sex And The Shari’A: Defining Gender Norms And Sexual Deviancy In Shi’I Islam, Haider Ala Hamoudi
Fordham International Law Journal
This Article demonstrates that modern authoritative jurists working within the Shi’i tradition have developed their rules respecting sex regulation in order to serve three primary commitments. The first commitment is less a normative expectation and more a presumption of reality. It is that there is an intense and near debilitating desire on the part of human beings generally, though mostly men, for a great deal of sex. This desire must be satisfied, but it also must be tightly controlled. This is because of the second commitment, which is that excessive licentiousness is a form of secular distraction from a believer’s …
The Pen And The Sword: Legal Justifications For The United States’ Engagement Against The Islamic State Of Iraq And Syria (Isis), Olivia Gonzalez
The Pen And The Sword: Legal Justifications For The United States’ Engagement Against The Islamic State Of Iraq And Syria (Isis), Olivia Gonzalez
Fordham International Law Journal
Part I of this Comment will lay out the potential arguments the United States could make to justify its engagement against ISIS under international law, jus ad bellum. This Part will also present existing commentary on the strengths and weaknesses of the available legal justifications. Part II will lay out the legal justifications under US law and discuss their nexus to the United States’ international obligations. Finally, Part III will argue that the United States’ engagement is appropriately classified as an instance of collective self-defense under international law. This Part will discuss what new AUMF would be needed in order …
Soziale Kompetenz: A Comparative Examination Of The Social-Cognitive Processes That Underlie Legal Definitions Of Mental Competency In The United States, Germany, And Japan, Joseph Alan Wszalek
Soziale Kompetenz: A Comparative Examination Of The Social-Cognitive Processes That Underlie Legal Definitions Of Mental Competency In The United States, Germany, And Japan, Joseph Alan Wszalek
Fordham International Law Journal
Part I of this Article will examine plain-text selections of legal language concerning mental competency from the constitutions, codes, or relevant decisions by the highest national courts, of three countries: the United States, Germany, and Japan. As three of the biggest economic powers on the planet, these countries merit consideration not just for their contrasting cultural and legal frameworks but also for their relative influence within the international arena during the latter half of the twentieth century. Part I’s examination will focus on constitutional and code language for two important reasons: (1) these sources of law form the basis of …
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Caultron Of Unwisdom: The Legislative Offensive On Insidious Foreign Influence In The Third Term Of President Vladimir V. Putin, And Iccpr Recourse For Affect Civil Advocates, Thomas M. Callahan
Fordham International Law Journal
Part I discusses Russian and international statutory law. It briefly outlines the structure of the government of the Russian Federation and discusses relevant articles of its Constitution. It then illustrates the legislative trend in question by discussing select legislation passed and proposed during President Putin’s third term that seeks to restrict non-Russian influence in Russian society. Part I closes with a discussion of Russia’s international human rights obligations, and the international redress available to Russian nationals affected by the laws in question. Part II considers the practical application of the laws discussed in Part I. This includes an examination of …
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Eu External Relations: Exclusive Competence Revisited, Allan Rosas
Fordham International Law Journal
This Article will focus on the question of exclusive competence in the field of EU external relations, especially in the light of recent developments. After a brief discussion on the origins and development of exclusive competence, a distinction will be made between common commercial policy, which has traditionally been the most important area of an explicit “a priori” exclusive competence, and what is often called an implicit exclusive competence, which, as it is today based on some general criteria enshrined in TFEU Article 3(2), may be called “supervening” exclusive competence. With regard to both categories, the main focus will be …
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Opinion 2/13 On Eu Accession To The Echr And Judicial Dialogue: Autonomy Or Autarky, Piet Eeckhout
Fordham International Law Journal
This Essay joins the chorus of criticism, but also aims to deepen some of the analysis, as well as focusing it on wider questions of judicial dialogue and autonomy. Where relevant for the purpose of its critique, the Essay also refers to the View of Advocate General Kokott, which is generally much more positive in tone—even if it also finds fault with some of the provisions of the Accession Agreement. It starts with an attempt to give some basic meaning to the dialogue concept, on which it may be possible to find some agreement. The argument is that, at a …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
Fordham International Law Journal
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part …
(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick
(En)Gendering Suffering: Denial Of Abortion As A Form Of Cruel, Inhuman, Or Degrading Treatment, Alyson Zureick
Fordham International Law Journal
No abstract provided.
Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé
Justice Among The Ashes: How Government Compensation Facilities Can Bring Justice To Disaster Victims, Lindy Rouillard-Labbé
Fordham International Law Journal
No abstract provided.
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
The Politics Of Narrative: Law And The Representation Of Mexican Criminality, Deborah Weissman
Fordham International Law Journal
No abstract provided.
The Living-Dead, Rivka Weill
How Domestic Courts Use International Law, Wayne Sandholtz
How Domestic Courts Use International Law, Wayne Sandholtz
Fordham International Law Journal
No abstract provided.
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Eu Fundamental Rights And Member State Action After Lisbon: Putting The Ecj's Case Law In Its Context, Bernhard Schima
Fordham International Law Journal
Early in 2013, the Court of Justice of the European Union (“ECJ”) handed down two judgments on the same day which might contain the blueprint for the fundamental rights architecture of the European Union (“EU”) for years to come. Much has already been written about those judgments, and it appears appropriate at this time to evaluate their impact in light of their reception and subsequent developments of the case law. To that effect, this contribution will provide some elements of background before briefly presenting the two cases, commenting on their legal solidity, and recalling how they have been received. It …