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Full-Text Articles in Law

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina May 2017

Immigrating While Trans: The Disproportionate Impact Of The Prostitution Ground Of Inadmissibility And Other Provisions Of The Immigration And Nationality Act On Transgender Women, Luis Medina

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman May 2017

Judge Posner's Road Map For Convention Against Torture Claims When Central American Governments Cannot Protect Citizens Against Gang Violence, Steven H. Schulman

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.


What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho Jan 2017

What If The International Criminal Court Could Prosecute President Al-Assad For The Chemical Weapon Attacks In Ghouta?, Paul Cho

St. Mary's Law Journal

Abstract forthcoming.


King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel Jan 2014

King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel

Faculty Articles

No abstract provided.


The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod Jan 2011

The Mystery Of Life In The Laboratory Of Democracy: Personal Autonomy In State Law, Adam J. Macleod

Faculty Articles

Recent controversies, such as enactment of an individual mandate to purchase health insurance and the legalization of assisted suicide in Washington and Montana, have renewed the war over personal autonomy. Debates about the value and limits of personal autonomy also play major roles in the controversies over abortion, same-sex intimacy, and same-sex marriage. On one side of the autonomy war, advocates of unfettered individual freedom assert that by her un-coerced and autonomous choice, the individual person determines the value of human goods such as life, health, and marriage.

On the other side, proponents of strong government restrictions on personal choice …


The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod Jan 2010

The (Contingent) Value Of Autonomy And The Reflexivity Of (Some) Basic Goods, Adam J. Macleod

Faculty Articles

Many of the legal and policy issues about which people today get most exercised turn on a little-understood relationship between two fundamental principles. On one hand is the principle of autonomy, which, for reasons explored in this article, is often employed in defense of greater freedom and less government intervention in matters of morals and self-harmful conduct. On the other hand is respect for basic goods, those ends and purposes that constitute ultimate, underived, and intelligible reasons for rational action, and which include knowledge, human life, and community, among others. Basic goods provide reasons for human purposing and action (as …


The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp Jan 2003

The Effect Of 8 U. S. C. 1324(D) In Transporting Prosecutions: Does The Confrontation Clause Still Apply To Alien Defendants, Donna F. Coltharp

Faculty Articles

No abstract provided.


America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii Oct 2002

America And The World: Human Rights At Home And Abroad., Joe W. (Chip) Pitts Iii

The Scholar: St. Mary's Law Review on Race and Social Justice

Multiple provisions in the Bill of Rights appear gutted around the last year. While abroad, Mr. Pitts received an outside perspective on American news which provided him with a new outlook on current events. The United Nations Social Forum brought voices into the United Nations which are not typically heard, such as poor and vulnerable populations not represented elsewhere. Concurrently, the Johannesburg Summit addressed similar issues. However, as of late, the American government suppresses the voices of the American people. The Patriot Act includes provisions which deter dissent, freedom of speech, and assembly. This Act also purported to give the …


Strengthening Human Rights Protection: Why The Holocaust Slave Labor Claims Should Be Litigated, Justin H. Roy Jan 1999

Strengthening Human Rights Protection: Why The Holocaust Slave Labor Claims Should Be Litigated, Justin H. Roy

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp Jan 1996

Speaking The Language Of Exclusion: How Equal Protection And Fundamental Rights Analyses Permit Language Discrimination (Comment), Donna F. Coltharp

Faculty Articles

No abstract provided.