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Articles 1651 - 1680 of 3566
Full-Text Articles in Law
Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi
Vol. 2 No. 2, Summer 2011; Particularly Serious Crimes And Withholding Of Removal: An Aggravating Question, Jessica Fiocchi
Northern Illinois Law Review Supplement
The highly controversial topic of the removal of non-citizens from the United States is even more complex than most people realize. Besides the widely-known issues of the stretch on our nation's resources and immigrants' search for better lives, there are also issues of international relationships and threats to basic human rights. The United States has an international commitment not to remove aliens back to their home country if that country would be likely to subject the person to threats to their life or freedom, including kidnapping, torture, or murder. The U.S. denies this withholding of removal to those who have …
The Second Circuit Correctly Interprets The Alien Tort Statute: Kiobel V. Royal Dutch, Frank Cruz-Alvarez, Laura E. Wade
The Second Circuit Correctly Interprets The Alien Tort Statute: Kiobel V. Royal Dutch, Frank Cruz-Alvarez, Laura E. Wade
University of Miami Law Review
No abstract provided.
Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach
Prosecution Of Trafficking In Persons Cases: Integrating A Human Rights-Based Approach In The Administration Of Criminal Justice, Anne T. Gallagher, Nicole Karlebach
Anne T Gallagher
June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes
June Roundtable: Human Rights In Central America, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
“The Tormented Isthmus ”. The Economist. April 14 2011.
The Hearts And Minds Of The Citizens, Brooke Ackerly
The Hearts And Minds Of The Citizens, Brooke Ackerly
Human Rights & Human Welfare
If the US contributes increased military support to Guatemala under the premise of curtailing the drug trade, it could inadvertently further destabilize this already politically unstable country. It certainly will not contribute to developing a sense of political alliance in the hearts and minds of its citizens. Concerns about destabilization in Guatemala (and Central America more generally) and the role of this destabilization in facilitating the drug trade have led the Economist to suggest that the solution is to increase military foreign aid to Guatemala.
Generic Wish-Lists For State-Centric Policies, Edzia Carvalho
Generic Wish-Lists For State-Centric Policies, Edzia Carvalho
Human Rights & Human Welfare
The Central America depicted in the article under review resembles a region visited by the Four Horsemen of the Apocalypse—colonial Conquest, civil War, Famine and other natural disasters, and poverty, disease and Death. Added to this list of woes are the recent drug-fueled conflict, democratic instability, weak state capacity, and the socio-economic fallout of the economic recession in the United States. While the first half of the article records these problems, the author shifts gears in the second half and provides an array of responses to these challenges, with a forceful recommendation that states in the region focus their efforts …
Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes
Conflict Resolution Agenda: Approaching Its Expiration Date, Jonas Claes
Human Rights & Human Welfare
Conflict resolution scholars and policy-makers have traditionally prioritized research and policy measures dealing with political violence, treating criminal violence as a contextual factor in their analysis or as a subordinate policy concern. One may wonder why the value of a casualty differs depending on whether the fatal blow was caused by a tank, a gang knife, or even a typhoon. The prioritization of political violence over criminal violence seems morally unjustified considering that the killing rates in Guatemala and El Salvador are higher now than during the civil wars that ended in the 1990s. Despite similarities in the causes, manifestations, …
A Centrist Solution To Central American Violence And Inequality, Devin Joshi
A Centrist Solution To Central American Violence And Inequality, Devin Joshi
Human Rights & Human Welfare
The northern triangle of Central America (El Salvador, Guatemala, and Honduras) has experienced horrific violence, poverty, and a vicious cycle of human rights violations for decades. Repeated natural disasters and the re-routing of the drug trade through Central America are not helping the situation. On the other hand, nearby Costa Rica has achieved a much higher standard of human rights, public safety, and political stability. Why? Costa Rica has put in place four pillars of development and stability lacking in most other countries in the region: a stronger state, an educated population, inter-racial cooperation, and a more inclusive democracy. For …
Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine
Reflections On The Constitutional Scholarship Of Charles Black: A Look Back And A Look Forward, Samuel J. Levine
Samuel J. Levine
Charles L. Black Jr. has been one of the most important constitutional scholars in the United States for more than four decades. Professor Black's writings have helped shape the debate in a wide variety of constitutional areas, from racial equality and welfare rights to constitutional amendment, impeachment, and the death penalty. In this essay, Levine briefly surveys a number of Professor Black's articles, focusing on two areas of his scholarship: unnamed human rights and racial justice. By analyzing these two topics, which represent, respectively, Black's most recent scholarship and his most significant early work, Levine attempts to show certain principles …
Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Rethinking The Legal Reform Agenda: Will Raising The Standards For Bar Admission Promote Or Undermine Democracy, Human Rights, And Rule Of Law?, Samuel J. Levine, Russell G. Pearce
Samuel J. Levine
This Article offers a critique of, and alternative to, the American Bar Association's efforts, supported by the United States government, to promote the requirement of a college education in law as prerequisite for becoming a lawyer in developing countries. Using the examples of China, which currently has a far more open system for becoming a legal services provider, and South Africa, which already has a system consistent with the goals of the ABA, the Article argues that more stringent education requirements actually undermine democracy, human rights, and rule of law. In China, where the most significant advocates for human rights …
May 15, 2011: More On Torture, Bruce Ledewitz
May 15, 2011: More On Torture, Bruce Ledewitz
Hallowed Secularism
Blog post, “More on Torture“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
Hallowed Secularism
Blog post, “Still Restricting What Religious People Are Allowed to Say“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
May 11, 2011: Still Restricting What Religious People Are Allowed To Say, Bruce Ledewitz
Hallowed Secularism
Blog post, “Still Restricting What Religious People Are Allowed to Say“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
May 8, 2011: Torture Works, Bruce Ledewitz
May 8, 2011: Torture Works, Bruce Ledewitz
Hallowed Secularism
Blog post, “Torture Works“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran
Law Faculty Scholarship
No abstract provided.
April 29, 2011: Courageous Senator Bob Casey, Bruce Ledewitz
April 29, 2011: Courageous Senator Bob Casey, Bruce Ledewitz
Hallowed Secularism
Blog post, “Courageous Senator Bob Casey“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
Legal Outlier, Again? U.S. Felon Suffrage: Comparative And International Human Rights Perspectives, Reuven (Ruvi) Ziegler
Legal Outlier, Again? U.S. Felon Suffrage: Comparative And International Human Rights Perspectives, Reuven (Ruvi) Ziegler
Dr. Reuven (Ruvi) Ziegler
The judiciousness of American felon suffrage policies has long been the subject of scholarly debate, not least due to the large number of affected Americans: an estimated 5.3 million citizens are ineligible to vote as a result of a criminal conviction. This article offers comparative law and international human rights perspectives and aims to make two main contributions to the American and global discourse. After an introduction in Part I, Part II offers comparative law perspectives on challenges to disenfranchisement legislation, juxtaposing U.S. case law against recent judgments rendered by courts in Canada, South Africa, Australia, and by the European …
April 3, 2011: The Legal Background Of Burning The Qur’An, Bruce Ledewitz
April 3, 2011: The Legal Background Of Burning The Qur’An, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Legal Background of Burning the Qur’an“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
April Roundtable: Responsibility To Protect And Human Rights Protection In The Ivory Coast, Introduction, Claudia Fuentes
Human Rights & Human Welfare
An annotation of:
Article under review: “The Case for Intervention in the Ivory Coast” by Corinne Dufka. Foreign Policy. March 25 2011.
A Rights-Based Approach To Global Injustice, Brooke Ackerly
A Rights-Based Approach To Global Injustice, Brooke Ackerly
Human Rights & Human Welfare
Is reflection on global injustice part of the everyday lives of those who live in global privilege? Or does privilege let us wait to raise concerns about justice only when the media bring the graphic images of genocide and tragedy to our family rooms?
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Pandora’S Box Of Humanitarian Intervention, Edzia Carvalho
Human Rights & Human Welfare
“The Case for Intervention in the Ivory Coast” reminded me of the discussion that my undergraduate students had during the previous academic term on the conundrums surrounding humanitarian intervention. They innately responded to the intense suffering of individuals and groups facing gross human rights violations and initially argued that inaction in the face of suffering cannot be justified on any grounds. However, with their international relations hats on, many of them soon realized that putting an end to such a state of affairs is not as easy or straightforward as they had hoped.
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
A Structural Solution To Africa’S Wayward Presidents, Devin K. Joshi
Human Rights & Human Welfare
The current crisis in the Ivory Coast unfortunately resembles a number of crises in Western and Central Africa over the last few decades. Whereas the international community has generally been more willing to intervene in Europe and the Middle East, there has been a tendency to “wait and watch” while humanitarian crises unfold in middle Africa. In the last several years, as in the Ivory Coast right now, however, global awareness of the brutality of such crises has expanded tremendously.
Double Standards Demystified, Jonas Claes
Double Standards Demystified, Jonas Claes
Human Rights & Human Welfare
At the time Ms. Corinne Dufka’s op-Ed about the crisis in Côte D’Ivoire appeared, few would have predicted that three days later UN troops, with the support of the French military, would act forcefully to protect civilians and tip the balance in favor of the fighters loyal to Alassane Ouattara, eventually leading to the arrest of Laurent Gbagbo. The odds were not favoring this scenario.
Do Unto Others: The Importance Of Better Compliance With Consular Notification Rights, Cindy Galway Buys, Scott D. Pollock, Ioana Navarette Pellicer
Do Unto Others: The Importance Of Better Compliance With Consular Notification Rights, Cindy Galway Buys, Scott D. Pollock, Ioana Navarette Pellicer
Duke Journal of Comparative & International Law
No abstract provided.
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
From Divergence To Convergence? A Comparative And International Law Analysis Of Lgbti Rights In The Context Of Race And Post-Colonialism, James D. Wilets
Duke Journal of Comparative & International Law
No abstract provided.
Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister
Are Institutions And Empiricism Enough? A Review Of Allen Buchanan, Human Rights, Legitimacy, And The Use Of Force, Matthew J. Lister
All Faculty Scholarship
Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan’s recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I review Buchanan’s new collection of essays, Human Rights, Legitimacy, and the Use of Force, paying special attention to …
Who Is A Human Rights Defender? An Essay On Sexual And Reproductive Rights Defenders, Cynthia Soohoo, Diana Hortsch
Who Is A Human Rights Defender? An Essay On Sexual And Reproductive Rights Defenders, Cynthia Soohoo, Diana Hortsch
University of Miami Law Review
No abstract provided.
Laptops And The Border Search Exception To The Fourth Amendment: Protecting The United States Borders From Bombs, Drugs, And The Pictures From Your Vacation, Victoria Wilson
University of Miami Law Review
No abstract provided.
Modern Day Inquisitions, Rebecca J. Cook
Modern Day Inquisitions, Rebecca J. Cook
University of Miami Law Review
No abstract provided.
Women's Citizen Security, Susana Chiarotti Boero
Women's Citizen Security, Susana Chiarotti Boero
University of Miami Law Review
No abstract provided.