Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Civil Rights and Discrimination (4)
- Human Rights Law (4)
- Judges (4)
- Constitutional Law (3)
- Fourteenth Amendment (3)
-
- Jurisdiction (3)
- Legal History (3)
- ASYLUM (2)
- CATEGORICAL (2)
- CONVICTION (2)
- Criminal Law and Procedure (2)
- DEPORTATION (2)
- First Amendment (2)
- General Law (2)
- IMMIGRATION (2)
- JUDGING (2)
- Jurisprudence (2)
- Law and Society (2)
- Public Law and Legal Theory (2)
- REMOVAL (2)
- WITHHOLDING (2)
- A Theory of Justice (1)
- Adjudication (1)
- Admissibility (1)
- Africa (1)
- African Charter on Human and Peoples’ Rights (1)
- African Commission of Human Rights (1)
- African Commission of Human and Peoples’ Rights (1)
- African Court of Justice and Human Rights (1)
- African Court on Human and Peoples’ Rights (1)
- Publication
- Publication Type
- File Type
Articles 1 - 8 of 8
Full-Text Articles in Judges
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma E. Marouf
Fatma E Marouf
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet the Board of Immigration Appeals (BIA) has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examining of the elements of the crime with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offense are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious …
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma Marouf
Deported To Die? Applying The Categorical Approach To The "Particularly Serious Crime" Bar, Fatma Marouf
Fatma Marouf
The High Price Of Poverty: A Study Of How The Majority Of Current Court System Procedures For Collecting Court Costs And Fees, As Well As Fines, Have Failed To Adhere To Established Precedent And The Constitutional Guarantees They Advocate., Trevor J. Calligan
Trevor J Calligan
No abstract provided.
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Beyond The Written Constitution: A Short Analysis Of Warren Court, Thiago Luis Santos Sombra
Thiago Luís Santos Sombra
This essay propose an analysis about how Warren Court became one of the most particular in American History by confronting Jim Crow law, especially by applying the Bill of Rights. In this essay, we propose an analysis of how complex the unwritten Constitution is. Cases like Brown vs. Board of Education will be analyzed from a different point of view to understand the methods of the Court.
“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler
“A Sordid Case”: Stump V. Sparkman, Judicial Immunity, And The Other Side Of Reproductive Rights, Laura T. Kessler
Maryland Law Review
No abstract provided.
Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence
Justice-As-Fairness As Judicial Guiding Principle: Remembering John Rawls And The Warren Court, Michael Anthony Lawrence
Michael Anthony Lawrence
This Article looks back to the United States Supreme Court’s jurisprudence during the years 1953-1969 when Earl Warren served as Chief Justice, a period marked by numerous landmark rulings in the areas of racial justice, criminal procedure, reproductive autonomy, First Amendment freedom of speech, association and religion, voting rights, and more. The Article further discusses the constitutional bases for the Warren Court’s decisions, principally the Fourteenth Amendment equal protection and due process clauses.
The Article explains that the Warren Court’s equity-based jurisprudence closely resembles, at its root, the “justice-as-fairness” approach promoted in John Rawls’s monumental 1971 work, A Theory of …
From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga
From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga
Brooklyn Journal of International Law
Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …
Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan
Believable Victims: Asylum Credibility And The Struggle For Objectivity, Michael Kagan
Scholarly Works
Asylum adjudication is often the invisible frontline in the struggle by oppressed groups to gain recognition for their plights. Through this process, individual people must tell their stories and try to show that they are genuine victims of persecution rather than simply illegal immigrants attempting to slip through the system. In 2002, because the world had not yet acknowledged the nature of the calamity from which they were escaping, many Darfurian asylum cases would have relied on the ability of each individual to convince government offices to believe their stories. They would have had to be deemed “credible,” or they …