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Full-Text Articles in Law
Competing Paradigms? The Use Of Dna Powers In Youth Justice, Liz Campbell
Competing Paradigms? The Use Of Dna Powers In Youth Justice, Liz Campbell
Faculty Scholarship
Collecting deoxyribonucleic acid (DNA) from crime scenes and individuals is now regarded as a critical element of effective criminal investigation and prosecution. Numerous benefits are said to accrue from the gathering and comparison of DNA evidence: suspects may be speedily identified, innocent parties ruled out, the wrongfully convicted exonerated and some would-be criminal actors deterred. Retention of DNA in state controlled databases allows for speculative searching to identify subsequent offending and to provide leads for unsolved crimes. The collection and retention of convicted adults’ DNA has been held by European and US courts to be a proportionate incursion on human …
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
Maryland Series in Contemporary Asian Studies
No abstract provided.
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Surviving Castle Rock: The Human Rights Of Domestic Violence, Max D. Siegel
Student Articles and Papers
In 2005, the Supreme Court of the United States decided Town of Castle Rock v. Gonzales and held that Jessica Gonzales did not have a constitutional right to police enforcement of a restraining order. The decision highlighted the Court’s reluctance to recognize citizens’ affirmative rights, fortifying a deeply ingrained conceptualization of the Constitution of the United States as a “Negative Constitution” that creates a government with restraints on its actions and extremely limited obligations to its citizens. In August 2011, the Inter-American Commission on Human Rights released a report publicizing its finding that by failing to take affirmative measures to …
United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko
United States V. White: Further Unbalancing The Judicial Analysis Of Forcible Medication Of Defendants Found Incompetent To Stand Trial, Cynthia Polasko
Maryland Law Review
No abstract provided.
Exchange As A Cornerstone Of Families, Martha M. Ertman
Exchange As A Cornerstone Of Families, Martha M. Ertman
Faculty Scholarship
This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
China's "Attitude" Toward Human Rights: Reading Hungdah Chiu In The Era Of The Iraq War, Dongsheng Zang
Maryland Journal of International Law
No abstract provided.