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Articles 1 - 8 of 8
Full-Text Articles in Law
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
Explaining The Progression Of The Rights Of Same-Sex Couples In South America, Daniel De La Cruz
San Diego International Law Journal
A trend of rights advocacy has recently developed in the international community. Organizations dedicated to the principle of advancing the rights of historically under-represented and oppressed social groups have proliferated around the globe. The growth of the gay rights movement in recent years has resulted in the expansion of civil liberties afforded to same-sex couples. The movement has gained significant success in symbolic expression. Even without much knowledge of the movement, one typically associates a rainbow flag, the Greek letter lambda, and the word “pride” with the effort. Unfortunately, the movement has not achieved comparable substantive success. Same-sex couples continue …
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
"There's No Place Like Home" Doma Deportation: The Forced Expatriation Of Bi-National Same-Sex Couples From The United States To Canada, Anh "Annie" Nguyen
San Diego International Law Journal
This comment will focus on bi-national same-sex couples who are forced to expatriate from the united states to canada because of DOMA’s detrimental effects on their relationship. more specifically, part I focuses on DOMA’s constitutionality, effects on bi-national same-sex couples, and current legal challenges. Part II provides a historical analysis of the united states’ attitude towards same-sex unions before describing current legislation regarding same-sex couples. Part III describes canada’s recognition of same-sex marriage and support of immigration equality, comparing and contrasting the canadian approach with the united states’ approach. Part IV explains the current legal and financial issues that bi-national …
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
Divided We Stand: The Haudenosaunee, Their Passport And Legal Implications Of Their Recognition In Canada And The United States, Nicole Terese Capton Marques
San Diego International Law Journal
There are several indigenous nations divided by the international border between the U.S. and Canada (hereinafter, border tribes). Part II will provide historical background on the Haudenosaunee and the Haudenosaunee passport, as well as on the Jay Treaty's free passage right as recognition that the international border was not to affect border tribes. Part III of this comment will examine the trust-like duty both federal governments owe to indigenous populations in general, briefly describe benefits and services offered, and then discuss the legal effects of current legislation and regulations by the American and Canadian governments on Haudenosaunee tribal members living …
Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette
Global Crisis Writ Large: The Effects Of Being Stateless In Thailand On Hill-Tribe Children,, Joy K. Park, John E. Tanagho, Mary E. Weicher Gaudette
San Diego International Law Journal
According to the United Nations High Commission for Refugees (UNHCR), "[n]o region of the world has been left untouched by the statelessness issue." International law defines a stateless person as someone "who is not considered as a national by any state under the operation of its law." Yet across the nations, stateless persons do not desire citizenship simply for the sake of citizenship. Ultimately, citizenship, or membership in a nation, provides a link between an individual and that nation and carries with it fundamental benefits and rights. Correspondingly,lack of citizenship translates into a denial of benefits and rights, including basic …
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
The Race To The Bottom: The United States' Influence On Mexican Labor Law Enforcement, Jenna L. Acuff
San Diego International Law Journal
There are several theories why the Mexican government has refused to enforce the stringent laws enumerated in the Mexican Constitution. For example, the North American Social Dumping Theory and Mexico's desire to retain foreign direct investment from foreign countries as a source of revenue and employment. This Comment seeks to analyze and expound on these theories and to develop two additional theories that have only been discussed in passing. Part II begins with a brief look at the history of Mexican labor, including pre- and post-Revolution working conditions. Part III discusses Mexico's encouragement and protection of foreign direct investment and …
Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka
Nigeria Since May 1999: Understanding The Paradox Of Civil Rule And Human Rights Violations Under President Olusegun Obasanjo, Philip C. Aka
San Diego International Law Journal
This Article seeks to understand why much of the hope for improved human rights has remained unrealized. It has four parts, in addition to this introduction and a conclusion. Part II provides a definition of human rights, the history of these rights in Nigeria, and the machinery that has evolved over the years, all the way up to the Obasanjo presidency, for the enforcement of these rights. Part III describes the practice of human rights in Nigeria before 1999. The section integrates General Obasanjo's role and it points to the legacy of British colonialism in Nigeria as a major factor …
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
Finding Fundamental Fairness: Protecting The Rights Of Homosexuals Under European Union Accession Law, Travis J. Langenkamp
San Diego International Law Journal
In tackling the issue of sexual orientation discrimination, the European Union must make significant efforts to conform or, perhaps, eradicate incongruous legislation within Applicant Countries. The difficulty of this endeavor is two-fold: first, in terms of the number and complexity of the laws of each Applicant Country; and, second, in the absence of any detailed and systematic documentation of sexual orientation discrimination within those same Applicant Countries. Compounding, if not confounding, such legitimate endeavors are the inconsistent anti-gay legislation prevalent within the present Member States. The stakes are high for Member States and Applicant Countries alike. Thus, the European Union's …
Reparations For Slavery: A Dream Deferred, Watson Branch
Reparations For Slavery: A Dream Deferred, Watson Branch
San Diego International Law Journal
When the year began, the prediction was that 2001 was going to be the "Year of Reparations." Both internationally and in the United States, the consensus held that the time had finally come for governments around the world to face up to racism and apologize for the harm brought about by slavery and its aftermath harm in the past, to those long dead, and in the present, to those who, because of the color of their skin, still suffer from racism. Governments were expected to make amends for that harm through restitution and compensation, whether individual or collective. This willingness …