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Articles 1 - 13 of 13
Full-Text Articles in Law
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
The Intersection Of Race, Bond, And "Crimmigration" In The United States Immigration Detention System, Tremaine Hemans
University of the District of Columbia Law Review
The United States ("U.S.") Supreme Court's recent decision in Jennings v. Rodriguez' has potentially opened another avenue for people of color to become entangled in the U.S.' predatory immigration system, through the denial of bail hearings. Denial of periodic bond hearings ensures that many detainees in immigration facilities will be held indefinitely until these detainees' cases are adjudicated. In Jennings, the Court held that detained aliens do not have a right to periodic bond hearings even if they are detained for prolonged periods of time, due to the language of the mandatory and discretionary detention statutes at §§ 1225(b)(1)-(2) and …
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
The District Of Columbia V. The 50 States: A 21st Century Lawsuit To Remedy An 18th Century Injustice, Timothy Cooper
University of the District of Columbia Law Review
No abstract provided.
The Ruckus In The Caucasus: A Case Against Mikheil Saakashvili For Crimes Against Humanity In The August War, Yancy Cottrill
The Ruckus In The Caucasus: A Case Against Mikheil Saakashvili For Crimes Against Humanity In The August War, Yancy Cottrill
University of the District of Columbia Law Review
While the world's attention was focused on the fireworks display of the 2008 Olympic Games in China, the citizens of South Ossetia were watching the sky too. Only their sky was being lit up by warfare. At 7:30 p.m. on August 7, 2008, Georgian President Mikheil Saakashvili, held a televised speech promising the Ossetians a ceasefire and unlimited autonomy.' At 11:00 p.m., Saakashvili ordered the Georgian Army to launch an offensive on Tskhinvalli, the capital of South Ossetia. Over the next five days, the civilians of South Ossetia and Abkhazia would be directly targeted by the Georgian forces and forcibly …
Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier
Missing In Action: Prisoners Of War At Guantanamo Bay, Jerica M. Morris-Frazier
University of the District of Columbia Law Review
The United States of America has presented a national and international image of fairness, justice, and humane treatment of others, while abiding by the laws to which it is bound. However, the reputation of the United States has been tarnished by its seemingly prolonged internment of detainees at Guantanamo Bay. After reports of torture, sexual degradation, and the refusal to apply prisoner of war status to any of the detainees the world is looking to the United States for answers and demanding changes to the current situation at Guantanamo Bay. This paper focuses on the lack of application of prisoner …
Priam's Lament: The Intersection Of Law And Morality In The Right To Burial And Its Need For Recognition In Post-Katrina New Orleans, Sarah Tomkins
Priam's Lament: The Intersection Of Law And Morality In The Right To Burial And Its Need For Recognition In Post-Katrina New Orleans, Sarah Tomkins
University of the District of Columbia Law Review
Priam's lament might resound with those of us who saw certain images after Hurricane Katrina struck New Orleans three short years ago: bodies of beloved mothers, fathers, sisters, and brothers dangling from house rafters and left to rot on street corners and in basements for months. The remaining unidentified victims were interred last summer at a new memorial, after spending the three years since Hurricane Katrina in a storage facility.3 How could this happen? In America, we might not expect the intercession of gods, but we do expect our government to set reasonable limits on human suffering. Were there just …
Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable
Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable
University of the District of Columbia Law Review
Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Salvadorans In The United States - Caught In A Web Of Unresolved Tension, Kathleen M. Smith
Antioch Law Journal
Since civil war broke out in 1979, the plight of the Salvadoran people has been well documented.' The United States Department of State which tends to be restrained in its reporting states that,[h]uman rights conditions in El Salvador are strongly affected by the ongoing civil strife. The achievement of a stable public order sufficient to protect individual rights has been disrupted by guerilla military operations, partisan hatreds, acts of revenge, fear and a prevailing uncertainty characterized by violence. This situation contributes to and is complicated by, the ineffective operation of the judicial system, caused in part by corruption and intimidation.2 …
Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze
Mcfeeley V. The United Kingdom: Death Knell For Prisoners Of The Maze
Antioch Law Journal
In McFeeley v. The United Kingdom, seven prisoners in the H-Block cells of Northern Ireland's Maze Prison filed an application against the government of the United Kingdom, hoping to attain political prisoner status under Article 9 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter the Convention).I The seven prisoners also alleged violations of Articles 3, 6, 8, 9, 10, 11, 13 and 14 of the Convention. 2 The European Commission of Human Rights (hereinafter the Com- mission) declared most of the application inadmissible. The Commission found that granting special status to the prisoners was …
Introduction, Richard Falk
Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg
Remarks: The Constitutional Status Of Human Rights Here And Abroad, Ruth Bader Ginsburg
Antioch Law Journal
Many people here this evening have worked diligently to add to the Constitution an explicit guarantee of the equality of men and women before the law. I would like to present a few preliminary comments on that subject, and to tie it to the main line of my remarks about the constitutional status of human rights here and abroad. It is a disappointment, of course, that the ERA ratification effort has not succeeded this time around, but ours is a Constitution that is hard to amend and hardly ever amended. It is also a Constitution enforced in courts; and therefore, …
The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich
The Teaching Of International Human Rights In U.S. Law Schools, Richard B. Lillich
Antioch Law Journal
The teaching of international human rights law in U.S. law schools has come a long way in the past two decades. Twenty years ago a survey conducted by the American Society of International Law made no mention of the subject. I In 1965, the late Egon Schwelb, "Mr. Human Rights," in what he himself characterized as a "novel departure,"2 offered a seminar on "The International Protection of Human Rights" at Yale. During the next half-dozen years, similar offerings were made available at California (Berkeley), Harvard, Virginia, and several other institutions. By 1971, when a panel at the annual meeting of …
Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal
Legal And Political Considerations Of The United States' Ratification Of The Genocide Convention, Jay Rosenthal
Antioch Law Journal
On December 11, 1948, the United States officially signed the United Nations Convention on the Prevention and Punishment of the Crime of Genocide (hereinafter the Convention).1 The Convention was sent to the Senate as part of the ratification process for the advice and consent of two-thirds of the Senators present and voting. 2 But the Senate declined to give advice and consent to the Convention, and has maintained that position for over thirty-six years. Ninety-six countries have now deposited their instruments of ratification with the United Nations, making them parties to the Convention. The United States is not a party. …
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Administrative Detention In Israel And The Occupied Territories, Richard Gladstein
Antioch Law Journal
Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …