Law Commons^™

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”¹
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”²
President Donald Trump

“They’re not people, these are animals.”³
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”⁴
President Donald Trump

“ [We] have millions and millions of people …

The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell

Indiana Journal of Global Legal Studies

Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …

Law's Violence And The Boundary Between Corporal Discipline And Physical Abuse In German South West Africa, Harry Schwirck

Akron Law Review

This article is organized as follows. Part One sketches the way the article will approach the issue of law and violence. Part Two provides a very brief summary of the history of German colonial rule in South West Africa. Part Three discusses the status of the right of discipline in German law up to and during the colonial period. Part Four turns to the colonial situation itself, examining the colonial debate over the right to discipline in the context of settlers’ abuse of farm workers. Part Five follows this debate into the diamond mines discovered toward the end of the …

"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez

ILSA Journal of International & Comparative Law

Most of the top leaders of the main guerrillas and paramilitary groups in Colombia have fallen, but the violence and the security concerns remain.

Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel

Georgia Journal of International & Comparative Law

No abstract provided.

Regulating Violence In Video Games: Virtually Everything, Alan Wilcox

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George

Michigan Journal of International Law

This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

Funding Opportunities For Legal Services Programs Offer Hope For Battered Immigrants: A Call For Strides In Community Collaborations, E. Lesleigh Varner

ILSA Journal of International & Comparative Law

Within the last decade, this country has made tremendous strides in the way of immigration legislation.

Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott

ILSA Journal of International & Comparative Law

In recent years, there has been a steady stream of growing concern in nations throughout the world about police officers' use of excessive, brutal, and sometimes deadly force where circumstances do not warrant such actions.

A Conceptual Framework For A Multifactor, Multi-Level Analysis Of The Origins Of Workplace Violence, Bini Litwin

ILSA Journal of International & Comparative Law

Violence is an issue that is often chronicled throughout the world, with media stories depicting violence in the home, streets, schools and workplace.

The International Criminal Tribunals: Crime And Punishment In The International Arena, Gabrielle Kirk Mcdonald

ILSA Journal of International & Comparative Law

The International Criminal Tribunals for the former Yugoslavia and for Rwanda have come a long way since their establishment in 1993 and 1994, respectively.

Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant

Michigan Journal of Gender & Law

This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …

On Humiliation, Jeremy Waldron

Michigan Law Review

A Review of Humiliation, and Other Essays on Honor, Social Discomfort, and Violence by William Ian Miller