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Full-Text Articles in Law

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin Dec 2006

Child Laundering: How The Intercountry Adoption System Legitimizes And Incentivizes The Practices Of Buying, Trafficking, Kidnapping, And Stealing Children, David M. Smolin

David M. Smolin

This article documents and analyzes a substantial incidence of "child laundering" within the intercountry adoption system. Child laundering occurs when children are taken illegally from birth families through child buying or kidnapping, and then "laundered" through the adoption system as "orphans" and then "adoptees." The article then proposes reforms to the intercountry adoption system that could substantially reduce the incidence of child laundering.


Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois Jun 2006

Marital Status As Property: Toward A New Jurisprudence For Gay Rights, Goutam U. Jois

Goutam U Jois

The issue of same-sex marriage has received much attention over the past few years, with significant focus on the role of the judiciary. For example, the first legal gay marriages in the country took place after a court decision in Massachusetts, and no state has sanctioned same-sex marriage through the legislative process. Proponents of same-sex marriages generally justify their creation on civil rights grounds, relying in particular on equal protection and due process arguments. However, the preservation of same-sex marriage can be defended on other grounds as well. I examine one such alternative theory, that of property rights. In this …


Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner May 2006

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 …


The Catholic Second Amendment, David B. Kopel Jan 2006

The Catholic Second Amendment, David B. Kopel

David B Kopel

At the beginning of the second millennium, there was no separation of church and state, and kings ruled the church. Tyrannicide was considered sinful. By the end of the thirteenth century, however, everything had changed. The Little Renaissance that began in the eleventh century led to a revolution in political and moral philosophy, so that using force to overthrow a tyrannical government became a positive moral duty. The intellectual revolution was an essential step in the evolution of Western political philosophy that eventually led to the American Revolution.


Integrating Trade And Human Rights In The Americas, Frank Garcia Dec 2005

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 Dec 2005

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 …