Law Commons^™

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Globalisation And Migrant Labour In A 'Rainbow Nation': A Fortress South, Nicos Trimikliniotis

Nicos Trimikliniotis

Outside southern Africa little attention has been given to the lively debates, particularly within South Africa, about migration, economic integration, racism/xenophobia and exclusion. After the collapse of apartheid the Southern African Development Community (sadc) developed initiatives on regional co-operation on population movement in a far-reaching 1995 Draft Protocol on Free Movement. However, the post-apartheid South African state was concerned solely with free trade and, with the support of other regional players, managed to halt the Protocol. The processes of neoliberal regional integration, socioeconomic transformations, poverty and inequality, as well as the political turmoil in countries of the sub-Saharan region, have …

Kατεδαφιζόμεθα Ή Καταρρέει Ένα Ιδεολόγημα, Nicos Trimikliniotis

Nicos Trimikliniotis

Kατεδαφιζόμεθα ή καταρρέει ένα ιδεολόγημα Στο απόηχο της πρώτης και σ’ αναμονή της δεύτερης συνάντησης των δύο ηγετών, του κ. Χριστόφια και κ. Ταλάτ, «ξέσπασε» ή μάλλον «κατασκευάστηκε» από κάποια μίντια (και τις εμπρηστικές δηλώσεις από διάφορους) μια έξαλλη «συζήτηση» γύρω από την εγκύκλιο του Υπουργού Παιδείας. Μάλλον καταλάγιασε, προσωρινά τουλάχιστον, αλλά θα σιγοκαίει καθώς προχωρούν οι συνομιλίες. «Αλλού μας τρώει» λοιπόν… Αξίζει ωστόσο να πάρουμε κάτι από τις αντιδράσεις από μια εγκύκλιο που λέει τα αυτονόητα, κι απλά θέλει να εφαρμόσει στην πράξη αυτά που προφανώς ψευδώς διακηρύσσαμε. Γι’ αυτό και παίρνουμε στα σοβαρά τα τραγελαφικά που ζούμε κι …

John Mccain's Citizenship: A Tentative Defense, Stephen E. Sachs

Stephen E. Sachs

Sen. John McCain was born a U.S. citizen and is eligible to be president. The most serious challenge to his status, recently posed by Prof. Gabriel Chin, contends that the statute granting citizenship to Americans born abroad did not include the Panama Canal Zone, where McCain was born in 1936. When Congress amended the law in 1937, he concludes, it was too late for McCain to be "natural born." Even assuming, however, that McCain's citizenship depended on this statute - and ignoring his claim to citizenship at common law - Chin's argument may be based on a misreading. When the …

The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Η Κύπρος Στα Δύσκολα Μονοπάτια Της Αλήθειας Και Της Συμφιλίωσης», [Cyprus Confronting The Difficult Pathway Of Truth And Reconciliation], Nicos Trimikliniotis

Nicos Trimikliniotis

[In Greek] This paper is an attempt at approaching the issue of truth and reconciliation in Cyprus in a way that draws upon both the international as well as the local struggles and traditions, in an effort to critically integrate the knowledge, experiences and allow for reflectivity. What follows is a brief sketch of a more extensive paper which reflects upon the means, goals and ultimate objectives in a manner that is open-ended and non-exhaustive to contribute towards a debate on a subject that has not received its due attention . The paper draws upon some of the debates over …

Rethinking Reconciliation And Cooperation With View To Reunification In Cyprus: Challenges For Citizens, Political And Social Actors, Nicos Trimikliniotis

Nicos Trimikliniotis

Concept The conference aims to initiate a dialogue between the two communities on the concept as well as the potential for reconciliation and cooperation in Cyprus today: at a time when working groups and technical committees are engaged in a dialogue preparing the ground for the face to face meeting between the leaders of the two communities, academics, researchers, activists and concerned citizens cannot stand by and watch; they need to find ways to constructively engage in the debate over the future of Cyprus and contribute to building trust, communication and understanding between the two communities. The conference proposes to …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

Immigration Law: Nowhere To Turn—Illegal Aliens Cannot Use The Freedom Of Information Act As A Discovery Tool To Fight Unfair Removal Hearings, Larry R. Fleurantin

Larry R. Fleurantin

This Article challenges the authority of the Attorney General and the DHS Secretary to withhold information from an alien after a FOIA request under Exemption (b)(5), to use that same withheld information to impeach the alien’s testimony during an individual hearing on the merits, and to use that as grounds for the Immigration Court to deny an applicant’s request for asylum. This Article takes the position that the USCIS needs to change its unfair practice to avoid the harsh and pervasive injustice that aliens facein removal proceedings.

The Ethics Of Immigration: An Exchange, Michael Scaperlanda, William Chip

Michael A. Scaperlanda

No abstract provided.

The Human Face Of Immigration, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

State Immigration Laws And The Question Of Religious Freedom, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Immigration Reform, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Justice And Mercy: Catholic Legal Theory And The Immigration Question, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Immigration Policy And Low Wage Workers: The Influence Of American Unionism, Vernon Briggs

Vernon M Briggs Jr

Public testimony by Prof. Briggs given at the Hearing before the Subcommittee on Immigration, Border Security, and Claims of the Committee on the Judiciary, House of Representatives, October 30, 2003.

Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Accessing Government: How Difficult Is It? Citizen Advocacy Center 2008) (With T. Pastika)., Natalie Brouwer Potts

Natalie Brouwer Potts

No abstract provided.

Close Encounters Of The Deadly Kind: Gender, Migration, And Border (In)Security, Anna O. Oleary

Anna Ochoa OLeary

In this article I discuss some of the findings of my study of migrant women temporarily suspended in the “intersection” of diametrically opposed processes: those posed by border enforcement measures and those posed by transnational mobility. A pressing issue that emerged from this research was how close women come to encountering death as they skirt around the border wall to cross without authorization into the U.S. Their testimonies shed light on how the intersection of contradictory processes contributes to a humanitarian crisis on the U.S.-Mexico border in which the likelihood of death is increasingly present.

Why John Mccain Was A Citizen At Birth, Stephen E. Sachs

Stephen E. Sachs

Senator John McCain was born a citizen in 1936. Professor Gabriel J. Chin challenges this view in this Symposium, arguing that McCain’s birth in the Panama Canal Zone (while his father was stationed there by the Navy) fell into a loophole in the governing statute. The best historical evidence, however, suggests that this loophole is an illusion and that McCain is a "natural born Citizen" eligible to be president.

Prosecuting Trafficking In Persons: Known Issues, Emerging Responses, Fiona M. David Ms

Fiona David

This paper is the second in a series that examines the different components of the criminal justice response to trafficking in persons. Specifically, this paper seeks to identify some of the practical issues that may affect trafficking prosecutions, such as unclear legal frameworks, the transnational nature of trafficking, and reliance on often traumatised victims as witnesses who may also be unwilling or unable to participate in prosecutions. Proposed strategies to support or improve prosecution practice include legal reform, protection of witnesses and specialist training for prosecution units.

The Asylum System, Migrant Networks And The Informal Labour Market, Gregor Noll

Gregor Noll

Governments attempting to regulate labour markets and control immigration are confronted with difficult questions. In the past, there was general agreement that the asylum system should not be exploited as a side entrance to the labour market. The two systems—asylum and labour market—were to be planned and maintained separately. But if migration is a prerequisite for asylum, does not increasingly stiffer migration control block escape for those under persecution? Prices for smuggling go up, and smugglers seek new routes, yet irregular migration continues, and the informal labour market flourishes. Here we must ask an irreverent question: is there any point …

Introduction: Immigration Law In Pennsylvania: Policy And Practice, Jill E. Family

Jill E. Family

The first panel fulfilled goal one: to host a thoughtful, Pennsylvania-focused analysis of state and local efforts to legislate in the area of immigration law. The second panel fulfilled goal two: to provide a forum for Pennsylvania immigration attorneys to share their experiences amongst themselves and with the public. The panels together fulfilled goals three and four: to help bridge the gap between policy and practice and to increase the involvement of the Institute in this important debate.

The Thirteenth Amendment And Access To Education For Children Of Undocumented Workers: A New Look At Plyler V. Doe, Maria Ontiveros, Joshua Drexler

Maria L. Ontiveros

This paper examines the extent to which the Thirteenth Amendment can be used to guarantee access to public education for the children of undocumented workers. It offers a reimagined version of Plyer, written using the Thirteenth Amendment, instead of the Fourteenth Amendment. After offering a brief summary of Thirteenth Amendment jurisprudence, it offers a variety of theoretical frameworks for analyzing the denial of education under the U.S. Constitution. It argues that the Thirteenth Amendment can provide a powerful tool for litigation, moral persuasion, organizing and legislation in the area.

Seeing The Face Of Christ In The Immigrant, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Can't Live With 'Em, Can't Deport 'Em: Why Immigration Reform Efforts Have Failed, Marisa Cianciarulo

Marisa S. Cianciarulo

Abstract: The United States has a passionate love/hate relationship with undocumented immigrants. The refrain “We are a nation of immigrants” competes with the exhortation “We are being invaded.” Many Americans fault undocumented immigrants for breaking U.S. laws, not waiting their turn in line for lawful immigration and diluting already scarce public resources. Other Americans applaud the strong work ethic that many undocumented immigrants exhibit and the economic strength they bring to the country. In the post-September 11 years, the debate has reached a boiling point.

The conflicting emotions of the immigration debate aside, the United States’ need for immigration is …