Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Law
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner
Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner
Michele R. Pistone
Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …
Integrating Trade And Human Rights In The Americas, Frank Garcia
Integrating Trade And Human Rights In The Americas, Frank Garcia
Frank J. Garcia
This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …
Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes
Time For Accountability: Effective Oversight Of Women's Prisons, Debra L. Parkes
Debra L. Parkes
Numerous reports and commissions of inquiry have documented the need for oversight and accountability mechanisms to redress illegalities and rights violations in Canada’s women’s prisons. This paper examines the recent troubled history of women’s imprisonment in which the calls for meaningful accountability and oversight have arisen, outlines some necessary criteria for any effective oversight body within this context, and measures some of the key recommendations against those criteria. The authors conclude that the judicial oversight model and remedial sanction proposed by Justice Louise Arbour in 1996 in her Report of the Commission of Inquiry into Certain Events at the Prison …