Law Commons^™

Justice For Venezuela: The Human Rights Violations That Are Isolating An Entire Country, Andrea Matos

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

Abstract forthcoming.

Dignity Takings In Leviathanic Immigration Proceedings, Christopher Mendez

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

Current immigration law in the United States is rife with racially motivated biases necessitating immediate correction. Among the many problems with current law, constitutional rights are withheld from a large populace. This article reflects upon the history of immigration law in the United States, noting key decisions which have formed the status quo. This article also proposes remedies such as the cessation of infringement by government agents on the property rights that affected immigrants have on their own bodies and a modern-day amnesty reflective of the Immigration Reform and Control Act of 1986. This article also introduces Bernadette Atuahene’s concept …

Introduction: Developing Strategies For Stability And A Sustainable Shared Development In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

This special issue on migration offers a collection of contributions from prominent scholars, academics, and researchers from Europe, Africa, and the United States who provide a unique multilevel and prismatic analysis of this fundamental social phenomenon.

Strategies For Stability And Sustainability In Euro-Mediterranean Migrations, Emanuela C. Del Re

New England Journal of Public Policy

In this article, the author provides a wide and vivid picture of the several dimensions of migration flows in the current global scenario and, in particular, in the Mediterranean. She proposes new interpretations of this complex phenomenon, analyzing its multiple aspects and characteristics and the push factors and policies and responses of the countries of origin, transit, and destination. She suggests new approaches and strategies to deal with the issue of migration, urging the EU member states and EU institutions to develop management policies for stability and sustainability that are welcoming and that respect human rights.

Response And Responsibilities Of The Republic Of Macedonia In The Migrant And Refugees Crises, Toni Mileski

New England Journal of Public Policy

The Republic of Macedonia has had a long history of dealing with migrants and refugees. Since the late nineteenth century, conflicts, including the Balkan Wars (1912–1913), the First and Second World Wars, the Greek civil war (1945–1949), the Kosovo conflict, and the 2001 internal security crisis, have caused successive waves of migration. More recently, armed conflict in the Middle East, especially in Syria, caused a migrant and refugee crisis that has deeply affected the country. This article analyses how the Republic of Macedonia has responded to this crisis. It examines the initial period of the crisis, the measures, activities, and …

European Immigration Controls Conforming To Human Rights Standards, Yannis Ktistakis

New England Journal of Public Policy

The European continent has for some years been facing increased pressure from migration. In 2010, Europe, in comparison with the other continents, was expected to host the largest number of migrants: 69.8 million migrants representing 32.6 percent of the total flow of migrants (213.9 million international migrants). This pressure has caused the two main European organizations, the Council of Europe and the European Union, to act decisively for the protection of migrants. Although the European legal order offers a high standard of human rights protection—having adopted, over the decades, the relevant instruments and developed effective mechanisms—the two European organizations have …

Book Review: Surrogacy: A Human Rights Violation By Renate Klein, Kate Rose

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Trafficking Smuggled Migrants: An Issue Of Vulnerability, Rachel A. Hews

Global Tides

This paper analyzes why the UN’s efforts against the sex trafficking of smuggled migrants, specifically regarding the Palermo and Smuggling Protocols, have been inadequate in preventing migrant smuggling. It concludes that the crime-based focus on prosecution overshadows prevention of the crime and protection of the victims, and that a human rights approach addressing the vulnerability of smuggled migrants would be more effective in reducing migrant smuggling long-term. Proposed solutions include decreasing both the “push” and “pull” factors of migration by ratifying existing legislation regarding basic human rights, implementing national policies that increase migrant rights in destination countries, and shifting further …

A Review Of Inhuman Conditions: On Cosmopolitanism And Human Rights, Jessica Browne

e-Research: A Journal of Undergraduate Work

Pheng Cheah's book Inhuman Conditions: On Cosmopolitanism and Human Rights connects globalization and cosmopolitanism to the humanities in an effort to understand the nature of humanity itself. At its core, Cheah's arguments seem to relate to the quote from his book, "Humanity . . . is, after all, an interminable work of collaboration and comparison."[1] He makes his way through various stages of discourse. First, he presents theconcept of new cosmopolitanism as a departure from the cosmopolitanism of Immanuel Kant and Karl Marx. He positions new cosmopolitanism within an intellectual and philosophical paradigm relative to nationalism and cosmopolitanism as "vehicles …

January Roundtable: Crime And Human Rights In Brazil: The Police Pacification Units, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Brazil slum raids impress, but what's the impact?” By Bradley Brooks. Huffington Post, November 14, 2011.

September Roundtable: "The Syrian Spring" And Human Rights, Introduction, Raslan Ibrahim

Human Rights & Human Welfare

An annotation of:

“The UN Security Council's Pro-Syrian 'Defiance Coalition' Crumbles”. By Raghida Dergham. Huffington Post, August 2011.

The Arab Spring: Endgames As Framing Battle, Colm Campbell

Human Rights & Human Welfare

The narrative of the Arab Spring (including the Syrian uprising) in the mainstream media appears clear and linear: a cruel dictator is challenged in a series of street demonstrations that rapidly coalesce to become a popular uprising. The dictator resorts to increasingly brutal repression, but this fails to end the challenge. Within a relatively short time the dictator is overthrown. Elections within a reasonable period are announced, promising the creation of a democracy that is representative not only of the protest movement, but of society as a whole. Raghida Dergham's Huffington Post article largely reflects this perspective, drawing attention to …

White Noise, White Heat, Therese O'Donnell

Human Rights & Human Welfare

If, as former British Prime Minister Harold Wilson famously uttered, "A week is a long time in politics," then the Six weeks since Raghida Dergham's article could be a lifetime and the last six months of the "Arab Spring" an aeon.

The Un Security Council On Syria: Radical Change Or Continuity?, Thomas Pegram

Human Rights & Human Welfare

The Presidential Statement issued by the UN Security Council on August 3 condemning the widespread violation of human rights by Syrian authorities was hailed by some as signaling the collapse of the pro-Syrian "defiance coalition."

This "defiance coalition," comprised of the so-called "BRICs" (Brazil, Russia, India, China, and South Africa) along with Lebanon, did indeed relent, begrudgingly, to growing international pressure for action on Syria. However, whether a statement containing little actionable content signals the crumbling of defiance rather than a diplomatic maneuver as calculations are recalibrated in light of developments is another matter.

The Moral International Sphere As A New "Civic Virtue", Claudia Heiss

Human Rights & Human Welfare

Liberal political theory, the predominant paradigm at least since the 1970s, rules out as oppressive the imposition of any substantive notion of a "good way of life" and proposes instead a neutral conception where each individual should have the right to pursue his or her own preferred project of life. This opposition of an ancient "virtue" and a modern "freedom" seems challenged by current debates about morality and the responsibility to protect innocent civilians from massive crimes. The moral outrage of the international community may be interpreted as a signal of a perhaps minimal notion of civic virtue, which translates …

August Roundtable: Re-Thinking State Failure And Human Rights, Introduction, Claudia Fuentes

Human Rights & Human Welfare

An annotation of:

“Think Again, Failed States ”. By James Traub. Foreign Policy. July/August 2011.

A Little Respect, Please, Christina Cerna

Human Rights & Human Welfare

Simon Tisdall suggests that last month, when Mohammed Bouazizi (twenty-six years old), “an unemployed graduate, set himself on fire outside a government building in protest at police harassment,” his act became the “rallying cause for Tunisia’s disaffected legions of unemployed students, impoverished workers, trade unionists, lawyers and human rights activists.” The reaction to his act of self-immolation and death on January 4th led to the flight of President Ben Ali ten days later to Saudi Arabia and to the end of Ali's twenty-three-year rule of Tunisia. Time reported the event as follows: “When Mohamed Bouazizi set himself alight on Dec. …

Those Pesky Winds Of Change..., Walter Lotze

Human Rights & Human Welfare

When a police officer slapped a fruit seller by the name of Mohammed Bouazizi in the Tunisian town of Sidi Bouzid, nobody could have anticipated that a revolution had commenced. Bouazizi, a twenty-six-year-old computer science graduate unable to find work, had resorted to selling fruit from a street cart in an attempt to support himself and his seven siblings. Slapped by the police officer and ordered to pack up his goods, Bouazizi himself snapped. He marched to the local governor’s office and demanded an appointment, threatening to set himself alight if the governor did not meet with him. In frustration, …

He's Our Son Of A Bitch, Robert Funk

Human Rights & Human Welfare

It is said that Franklin Delano Roosevelt defended the US tendency to support dictators by remarking, “He may be a son of a bitch, but he's our son of a bitch.” The recent events in Tunisia and Egypt indicate that almost seventy years later, this unfortunate phrase seems to continue to guide US foreign policy.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

Vincent Druliolle On Unearthing Franco's Legacy: Mass Graves And The Recovery Of Historical Memory In Spain. Edited By Carlos Jerez-Farrán And Samuel Amago. Notre Dame, In: University Of Notre Dame Press, 2010. 410pp., Vincent Druliolle

Human Rights & Human Welfare

A review of:

Unearthing Franco's Legacy: Mass Graves and the Recovery of Historical Memory in Spain. Edited by Carlos Jerez-Farrán and Samuel Amago. Notre Dame, IN: University of Notre Dame Press, 2010. 410pp.

Anastasia Tataryn On The Deportation Regime: Sovereignty, Space, And The Freedom Of Movement. Edited By Nicholas Degenova And Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp., Anastasia Tataryn

Human Rights & Human Welfare

A review of:

The Deportation Regime: Sovereignty, Space, and the Freedom of Movement. Edited by Nicholas DeGenova and Nathalie Peutz. Durham & London: Duke University Press, 2010. 520pp.

Untouchability Today: The Rise Of Dalit Activism, Christine Hart

Human Rights & Human Welfare

On July 19, 2010, the Hindustan Times reported that a Dalit (“untouchable”) woman was gang-raped and murdered in the Indian state of Uttar Pradesh. The crime was an act of revenge perpetrated by members of the Sharma family, incensed over the recent elopement of their daughter with a man from the lower-caste Singh family. Seeking retributive justice for the disgrace of the marriage, men from the Sharma family targeted a Dalit woman who, with her husband, worked in the Singh family fields. Her death was the result of her sub-caste status; while the crime cost the Singh family a valuable …

A Case Study In Tanzania: Police Round-Ups And Detention Of Street Children As A Substitute For Care And Protection, Sheryl L. Buske

South Carolina Journal of International Law and Business

No abstract provided.

November Roundtable: Multiculturalism And Integration Introduction

Human Rights & Human Welfare

An annotation of:

“Germany's Integration Blinkers. What's So Bad About Parallel Societies?” by Henryk M. Broder, Spiegel Online, November 20, 2010

and

“Angela Merkel: German Multiculturalism has Utterly Failed,” by Matthew Weaver, The Guardian, October 17, 2010

Multiculturalism And The Struggle Of National Normative Challenges, Marc Alexander C. Gionet

Human Rights & Human Welfare

Globalization has not translated into a set of universal monolithic values. As populations relocate for various reasons, increasingly less effort is required not only to stay connected, but to remain within the home community via satellite television, radio, telecommunications, and locally concentrated diaspora. Henryk M. Broder has described such a phenomenon as the development of “ parallel societies, ” which result from immigrants’ failure or lack of interest in integrating into a host community. The question that many commentators have attempted to answer is: does the development of parallel societies, or even additional cultural diversity, represent a threat or a …