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Full-Text Articles in Law

Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador, Carisa Hatfield Jan 2015

Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador, Carisa Hatfield

University of Baltimore Journal of International Law

In 2011, Maria Teresa Rivera, then a 27-year-old garment factory worker and single mother of a five-year-old son, was working an afternoon shift when she started bleeding. She left work for home and was found later passed out in the bathroom by her mother who took her to the hospital. There she learned she had suffered a miscarriage from a pregnancy that she did not know about, but instead of being treated and released, the hospital reported Maria to the police for aborting her unborn child. She was handcuffed to her hospital bed while seven police officers surrounded and questioned …


University Of Baltimore Journal Of International Law Volume 3 No. 2 (2014-2015) Front Matter Jan 2015

University Of Baltimore Journal Of International Law Volume 3 No. 2 (2014-2015) Front Matter

University of Baltimore Journal of International Law

No abstract provided.


Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi Jan 2015

Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi

University of Baltimore Journal of International Law

Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book


Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor Jan 2015

Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor

University of Baltimore Journal of International Law

For those steeped in the Western legal tradition, the Chinese political and legal system is, in the famous words of Winston Churchill, a riddle wrapped in a mystery inside an enigma.1 Of course, Churchill was describing the potential actions of Russia, not China.2 But, to continue borrowing from Churchill, perhaps there is a key – Chinese national interest and the interest of the Chinese Communist Party.3 This research explores the interaction between political, economic, and legal reform, and posits that the Chongqing incident4 was ultimately a positive turning point in the country’s institutional development. The theory presented herein is that …


Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin Jan 2015

Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin

University of Baltimore Journal of International Law

This student comment explores the Palermo Protocol to the United Nation’s Convention Against Transnational Organized Crime, and the United State’s response, the Trafficking Victim’s Protection Act (TVPA). Under the TVPA, the U.S. made a temporary, nonimmigrant visa, the T-Visa, available to trafficking victims illegally located in the U.S., provided that the victim cooperates with law enforcement to prosecute their trafficker. Though at first blush the TVisa seems like a valuable resource to victims who would otherwise find no immigration relief for violations of criminal and immigration law as a result of their victimization, but in practice the flawed process to …


The Map Is Not The Territory: How South Africa Followed The Anti-Corruption Roadmap And Got Lost Along The Way, George Langendorf Jan 2015

The Map Is Not The Territory: How South Africa Followed The Anti-Corruption Roadmap And Got Lost Along The Way, George Langendorf

University of Baltimore Journal of International Law

This paper charts the development of the anti-corruption roadmap and considers whether it has been effective in South Africa. Part I begins with an overview of the FCPA, the first and most influential anticorruption law. Part II reviews the multilateral treaties and conventions that proliferated in the 1990s and early 2000s and that outline the contemporary anticorruption roadmap. Part III focuses on the efforts of South Africa to follow the roadmap, and reviews the laws and institutions it established after acceding to the instruments and treaties described in Part II. Part IV looks at what happened next, summarizing four major …


University Of Baltimore Journal Of International Law Volume 4 No. 1 (2015-2016) Front Matter Jan 2015

University Of Baltimore Journal Of International Law Volume 4 No. 1 (2015-2016) Front Matter

University of Baltimore Journal of International Law

No abstract provided.


Emerging Issues: To Be Or Not To Be, That Is The Statehood Question, Alexandra Rickart Jan 2015

Emerging Issues: To Be Or Not To Be, That Is The Statehood Question, Alexandra Rickart

University of Baltimore Journal of International Law

The Montevideo Convention on the Rights and Duties of States lists the four necessary qualifications in order to become a recognized state: a) permanent population; b) defined territory; c) government; and d) capacity to enter into relations with other States.1 However, how does a territory become its own state or part of a new state if it is already a section of another state? There are two different ways this can happen: secession and annexation. While both of these processes are recognized as ways to attain statehood in international law, they are not generally accepted as viable options except in …


The Failure Of Environmental International Law During Times Of War, Blake Lara Jan 2015

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …