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Full-Text Articles in Law
Domestic Violence By Proxy: A Framework For Considering A Child’S Return Under The 1980 Hague Convention On The Civil Aspects Of International Child Abduction’S Article 13(B) Grave Risk Of Harm Cases Post Monasky, Andrew Zashin
Faculty Publications
This article offers a new approach for analyzing the 13(b) grave risk of harm defense, specifically as it relates to victims of domestic violence and their children, that is both practical and clear, and rooted in principles that are grounded in American jurisprudence that will result in more consistent rulings. Part I of this article provides background to the text of the Hague Convention, including the purposes of the text, the systematic return of a child to his or her habitual residence, the Article 13(b) grave risk of harm exception, and the role of undertakings. In Part II, the facts …
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Faculty Publications
No abstract provided.
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Foreword: After Guantanamo, Michael P. Scharf, Sonia Vohra
Faculty Publications
“Guantanamo Bay.” To many around the world those two words conjure up haunting images of orange jumpsuit-clad detainees imprisoned behind barbed-wire fences, subjected to the cruelest imaginable interrogation techniques, and held indefinitely without trial, or awaiting trial before military commissions whose procedures violate international law. It is no surprise, then, that the new U.S. administration perceived the Guantanamo Bay detention center and associated detainee policies as an indelible stain on America's moral authority and an impediment to the success of future U.S. foreign policy.
Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin
Forward: To Prevent And To Punish: An International Conference In Commemoration Of The Sixtieth Anniversary Of The Genocide Convention, Michael P. Scharf, Brianne M. Draffin
Faculty Publications
No abstract provided.
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …