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- Touro University Jacob D. Fuchsberg Law Center (5)
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- American University Washington College of Law (1)
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- Touro Law Review (5)
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Articles 1 - 26 of 26
Full-Text Articles in Law
Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe
Oppression Or Occupation: An International Analysis Of Sex Work And Sex Trafficking, Carver Wolfe
International Relations Summer Fellows
Although there is some debate over the exact number of victims of sex trafficking, it is agreed that it is an issue that affects primarily women and girls around the world. This paper will examine modern-day slavery and the unresolved, century-old debate surrounding sex trafficking and sex work. While abolitionists advocate for the total eradication of all sex work, whether it is consensual or not, libertarians support the right to voluntary sex work while condemning the coercion and exploitation that surrounds all forms of trafficking. I will use an analysis of international conventions and will begin a comparative analysis by …
Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert
Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert
Washington and Lee Journal of Civil Rights and Social Justice
In 2012, France adopted new prohibitions on sexual harassment into its Labor and Penal Codes. That enactment, which significantly broadened the definition of actionable harassment, was based on a model of harassment law that defines sexual harassment as a form of discrimination, while the French have traditionally conceived of sexual harassment as a form of sexual violence. Cases decided under the new prohibitions, as well as additional legislation adopted in France in 2016 and 2018, the latter prompted by France’s “#MeToo” movement, suggest that the French are beginning to perceive sexual harassment as implicating issues of both dignity and equality …
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Michigan Journal of International Law
In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …
Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero
Examining The Efficacy Of French Asylum Policies And Refugee Integration Effects, Roberto Cordero
Honors Undergraduate Theses
This Thesis investigates the French asylum seeker legal framework and refugee integration effects based on evidence in government data, non-governmental organizations, and external sources. Specifically, the policies of the protected rights of asylum seekers from history to modern day in relation to its efficiency and respect to human rights. Despite the development of past models through reforms, some shortcomings and discrepancies still exist that adversely affect asylum rights and responsibility sharing among EU nations. A potential system that benefits the applicant in addition to the host country is possible by implementing a model that takes into consideration asylum preferences, socioeconomics, …
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
Faculty Scholarship
No abstract provided.
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
No Country For Some Men?: Statelessness In The United States And Lessons From The European Union, Lia G. Melikian
Georgia Journal of International & Comparative Law
No abstract provided.
End Sexual Exploitation By Peacekeepers, Lauren Carasik
End Sexual Exploitation By Peacekeepers, Lauren Carasik
Media Presence
No abstract provided.
Liberdade De Expressão, Liberdade De Ofender, Antonio Pele
Liberdade De Expressão, Liberdade De Ofender, Antonio Pele
Antonio Pele
No abstract provided.
France Should Fully Investigate Guantánamo Torture Claims, Lauren Carasik
France Should Fully Investigate Guantánamo Torture Claims, Lauren Carasik
Media Presence
No abstract provided.
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Brooklyn Journal of International Law
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …
The Right To Housing In France: Still A Long Way To Go From Intention To Implementation, Claire Lévy-Vroelant
The Right To Housing In France: Still A Long Way To Go From Intention To Implementation, Claire Lévy-Vroelant
Journal of Law and Social Policy
The goal of this essay is to examine the implementation of housing rights in France. Legislation adopted in March 2007 opened the possibility of an enforceable right, which can be asserted before a court. However, it also created new inequalities before the law. Indeed, the conditions required to access that right exclude people who do not have permanent residence or a valid temporary resident permit. The implementation of this right is also limited due to the lack of available housing, especially at Ile-de-France, and to competition between people with priority entitlements. The horrible fire at a furnished Parisian hotel in …
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett
Please Don't Be Our Guest: The Roma Expulsion From France Under European Union Law, Quinn Bennett
Georgia Journal of International & Comparative Law
No abstract provided.
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
A Balancing Act? The Rights Of Donor-Conceived Children To Know Their Biological Origins, Brigitte Clark
Georgia Journal of International & Comparative Law
No abstract provided.
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Peter Zablotsky
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Rodger Citron
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Legal Affairs: Dreyfus, Guantánamo, And The Foundation Of The Rule Of Law, David Cole
Touro Law Review
Analogous to the Dreyfus affair, America's reaction to the events of September 11, 2001, subverted the rule of law to impose penalties on those it viewed as a threat. There are lessons to be learned from both the Dreyfus affair and America's reaction to September 11, 2001.
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
The Behavior Of The French Army During The Dreyfus Affair, General André Bach
Touro Law Review
Focuses on the how the French army participated in and influenced the Dreyfus affair. There are three main areas in which the French army played a large role: the incident of espionage, the legal case, and lastly, the political ramifications.
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
The Military Trial At Rennes: Text And Subtext Of The Dreyfus Affair, Vivian G. Curran
Touro Law Review
Discusses the Dreyfus affair and how the outside world viewed France's conduct. This article provides insight into how the trial was conducted and the evidence that was offered.
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Introduction: Persecution Through Prosecution: Revisiting Touro Law Center’S Conference In Paris On The Dreyfus Affair And The Leo Frank Trial, Rodger D. Citron
Touro Law Review
This piece provides the introduction for the Dreyfus affair. It gives a brief overview of the actual Dreyfus affair and outlines the articles in this volume.
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Considering The Libel Trial Of Émile Zola In Light Of Contemporary Defamation Doctrine, Peter A. Zablotsky
Touro Law Review
Touro Law School's three-day conference on the Dreyfus affair provided an opportunity to re-examine the libel trial Émile Zola. A modern view on tort law is provided to analyze this case as if it unfolded today.
Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott
Under Color Of Law: Siliadin V. France And The Dynamics Of Enslavement In Historical Perspective, Rebecca J. Scott
Book Chapters
When is it appropriate to apply the term ‘slavery’—a concept that appears to rest on a property right—to patterns of exploitation in contemporary society, when no state extends formal recognition to the possibility of the ownership of property in a human being? Historians, who generally position themselves as enemies of anachronism, may be particularly resistant to the use of an ancient term to describe a twenty-first century reality. And jurists have often been understandably reluctant to employ a word whose historical meaning was so closely tied to a specific property relationship that has long since been abolished in Europe and …
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Liberté Religieuse En Europe: Discussing The French Concealment Act, Robert E. Snyder
Human Rights Brief
No abstract provided.
Paper Thin: Freedom And Re-Enslavement In The Diaspora Of The Haitian Revolution, Rebecca J. Scott
Paper Thin: Freedom And Re-Enslavement In The Diaspora Of The Haitian Revolution, Rebecca J. Scott
Articles
In the summer of 1809 a flotilla of boats arrived in New Orleans carrying more than 9,000 Saint-Domingue refugees recently expelled from the Spanish colony of Cuba. These migrants nearly doubled the population of New Orleans, renewing its Francophone character and populating the neighborhoods of the Vieux Carre and Faubourg Marigny. At the heart of the story of their disembarkation, however, is a legal puzzle. Historians generally tell us that the arriving refugees numbered 2,731 whites, 3,102 free people of color, and 3,226 slaves. But slavery had been abolished in Saint-Domingue by decree in 1793, and abolition had been ratified …
The Veil That Covered France's Eye: The Right To Freedom Of Religion And Equal Treatment In Immigration And Naturalization Proceedings, Kendal Davis
Nevada Law Journal
In June 2008, France’s highest administrative court upheld a decision to deny citizenship to a Muslim woman because, essentially, she was ‘not French enough.’ This decision incited both praise and outrage in the international human rights arena regarding considerations such as the right to freedom of religion, gender equality, and citizenship.
This Note examines relevant French domestic law and international human rights instruments, and argues that while immigration and naturalization decisions remain an exercise of broad sovereign powers, the emerging human rights norm to be free from discrimination should apply in naturalization proceedings. Furthermore, despite judicial deference and flexibility to …
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Paul Touvier And The Crime Against Humanity, Michael E. Tigar, Susan C. Casey, Isabelle Giordani, Sivakumaren Mardemootoo
Faculty Scholarship
No abstract provided.