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Full-Text Articles in Law

Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore Jul 2013

Protection Against The Forced Return Of War Refugees: An Interdisciplinary Consensus On Humanitarian Non-Refoulement, Jennifer Moore

Faculty Book Display Case

This book contributes to a long-standing but ever topical debate about whether persons fleeing war to seek asylum in another country – ‘war refugees’ – are protected by international law. It seeks to add to this debate by bringing together a detailed set of analyses examining the extent to which the application of international humanitarian law (IHL) may usefully advance the legal protection of such persons. This generates a range of questions about the respective protection frameworks established under international refugee law and IHL and, specifically, the potential for interaction between them. As the first collection to deal with the …


Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman Apr 2013

Extraterritorial Application Of The Human Rights To Life And Personal Liberty, Including Habeas Corpus, During Situations Of Armed Conflict, Robert K. Goldman

Contributions to Books

Chapter 6 of Research Handbook on Human Rights and Humanitarian Law

In the wake of the September 11, 2001 attacks in the United States, the US, with the assistance of its coalition partners – all parties to various human rights instruments – initiated the so-called ‘war on terror’ by invading Afghanistan, where their armed forces killed or captured hundreds of ‘terrorist suspects’. Some of those detained were taken to the US military facility at Guantanamo Bay, Cuba, while others have languished in US custody in Afghanistan. These actions raise the question whether a State is bound by its human rights …


U.S. State Department International Law Internship And Employment Presentation And Discussion, Andrew A. Passen Famu Diplomat-In Residence Apr 2013

U.S. State Department International Law Internship And Employment Presentation And Discussion, Andrew A. Passen Famu Diplomat-In Residence

Environmental and Animal Law

The Center for International Law & Justice presents a discussion and presentation by Andrew A. Passen, a career member of the Senior Foreign Service, who is currently serving as Diplomat-in-Residence covering the southeast U.S. and is based at Florida A & M University in Tallahassee.


Data Protection Principles For The 21st Century, Fred H. Cate, Peter Cullen, Viktor Mayer-Schonberger Jan 2013

Data Protection Principles For The 21st Century, Fred H. Cate, Peter Cullen, Viktor Mayer-Schonberger

Books & Book Chapters by Maurer Faculty

This paper proposes revisions to the OECD Guidelines that include basic changes essential for the protection of individual privacy in the 21st century, while avoiding unnecessary restrictions on uses of personal information that are increasingly important.


Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders Jan 2013

Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.


Public Law And Social Human Rights, Areto A. Imoukuede Jan 2013

Public Law And Social Human Rights, Areto A. Imoukuede

Faculty Books and Book Contributions

This paper argues that public education is an international human right that the U.S. ought to recognize and protect. Recognizing a right to public education would correct a major inconsistency in U.S. law by bringing education rights doctrine more in line with international human rights law. This piece discusses how current U.S. education rights doctrine is inconsistent with U.S. tradition and legal precedent. It then demonstrates how international law recognizes public education as a fundamental duty of government before arguing for why the U.S. is obligated to follow international law regarding the right to public education.