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Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson 2019 Yale Law School

Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson

Washington and Lee Journal of Civil Rights and Social Justice

Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing ...


Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert 2019 Moritz College of Law, The Ohio State University

Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert

Washington and Lee Journal of Civil Rights and Social Justice

In 2012, France adopted new prohibitions on sexual harassment into its Labor and Penal Codes. That enactment, which significantly broadened the definition of actionable harassment, was based on a model of harassment law that defines sexual harassment as a form of discrimination, while the French have traditionally conceived of sexual harassment as a form of sexual violence. Cases decided under the new prohibitions, as well as additional legislation adopted in France in 2016 and 2018, the latter prompted by France’s “#MeToo” movement, suggest that the French are beginning to perceive sexual harassment as implicating issues of both dignity and ...


The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan 2019 Washington and Lee University School of Law

The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan

Washington and Lee Journal of Civil Rights and Social Justice

In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the ...


What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave 2019 Golden Gate University School of Law

What Italian Sexual Violence Law Can Teach Us Law In The #Metoo Era, Rachel A. Van Cleave

Publications

On International Women’s Day, with women facing challenges on equal pay, reproductive rights, sexual harassment and violent sexual assault, the topic of sudden, forced and unwanted kisses initially seems trivial, unworthy of consideration. However, Alva Johnson’s recent civil complaint against Donald Trump for kissing her on the side of her mouth, raises the question of whether such conduct should be criminal in the United States.


Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, Adam Szafranski, Piotr Szwedo and Malgorzata Klein 2019 The Catholic University of America, Columbus School of Law

Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, Adam Szafranski, Piotr Szwedo And Malgorzata Klein

Catholic University Law Review

The internet is virtually ubiquitous and is becoming more accessible to young people all over the world. Along with the many benefits it brings, the internet poses serious risks to the human rights of its most vulnerable users, viz. children. The United Kingdom, Poland and the U.S. State of Utah have already started to mitigate this risk through a variety of regulatory mechanisms. A priori, both self-regulation and hard law can satisfy international requirements on freedom of services and freedom of expression, but each requires careful scrutiny. Neither self-regulation nor soft law appear to be sufficient. It would seem ...


The Interdependent Relationship Of A Free Press And An Independent Judiciary In A Constitutional Democracy, Robert J. Cordy 2019 McDermott Will & Emery

The Interdependent Relationship Of A Free Press And An Independent Judiciary In A Constitutional Democracy, Robert J. Cordy

Boston College Law Review

For nearly 240 years, we have recognized, at least constitutionally, that it is essential to the very existence of a constitutional democracy that there be an independent judiciary and a free press. What is not often appreciated is how dependent these two vital institutions are upon each other. Certainly, judges and journalists rarely think in such terms. But events occurring at home and around the world in fledgling and failing democracies should heighten our awareness and appreciation for their interdependence, and help us better understand the liberties and fundamental rights they protect.


Table Of Contents, Seattle University Law Review 2019 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.


Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine 2019 University of Miami Law School

Biometric Identification In India Versus The Right To Privacy: Core Constitutional Features, Defining Citizens’ Interests, And The Implications Of Biometric Identification In The United States, Madison Julia Levine

University of Miami Law Review

In 2009, the Indian government introduced a widespread biometric identification system called Aadhaar—a national scheme that issues Indian citizens and residents a unique identification number while collecting and storing their most personal biometric and demographic information. As the Aadhaar system was implemented and promoted in India, widespread concerns grew regarding the storage and protection of such private information. How can Indian citizens enforce and protect their privacy rights? In 2017, the Indian Supreme Court attempted to address this issue by holding that an individual’s right to privacy is an inherent part of the right to life and personal ...


Letter From The Editor, Lara Thiele 2019 University of Notre Dame Law School

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Right-To-Work For Rohingya In Thailand, Lara Thiele 2019 University of Notre Dame Law School

The Right-To-Work For Rohingya In Thailand, Lara Thiele

Notre Dame Journal of International & Comparative Law

The world finds itself currently in the biggest refugee crisis in history. Many individuals have to leave their home country and escape to a new home, hoping to remain there and begin a productive and dignified life. The stateless Rohingya are a group that has been part of this migratory movement due to the group’s maltreatment in Myanmar. Many Rohingya have gone to Thailand, where they have remained for over twenty years, without the permission to work or remain in the country lawfully. In fact, the current Thai laws neglect to allow for the Rohingya to remain lawfully in ...


Remedies For Victims Of Human Trafficking Under The Palermo Protocol And United Nations Basic Principles: A Case Study Analysis, Josephine A. Suchecki 2019 University of Notre Dame Law School

Remedies For Victims Of Human Trafficking Under The Palermo Protocol And United Nations Basic Principles: A Case Study Analysis, Josephine A. Suchecki

Notre Dame Journal of International & Comparative Law

Human trafficking is a phenomenon that is happening right under our noses, yet does not receive the recognition nor publicity necessary to combat this human rights crisis. The Palermo Protocol and the United Nations Basic Principles have been implemented on an international level to solve these issues, but with varied success. The Palermo Protocol was created to apply to the prevention, investigation, and prosecution of the offenses established in article 5 of the Protocol. The Basic Principles from A/HRC/26/18 highlight the fact that effective remedies are not often accessible to victims of trafficking, as there are gaps ...


A Catholic Response To Global Climate Change Migration, Michael S. Talbot 2019 University of Notre Dame

A Catholic Response To Global Climate Change Migration, Michael S. Talbot

Notre Dame Journal of International & Comparative Law

This Article examines Catholic Social Teaching’s approach to the challenges of human migration and environmental refugees. By juxtaposing the inadequacies of current international frameworks for protecting environmental migrants with previous sources of Catholic Social Teaching, this Article speculates on the possible moral argument to be made by the Church in support of efforts to fill a gap in the international legal framework around climate change induced migration. Ultimately, the Paper speculates that such an argument would include three components: (1) a broadening of the definition of refugee, (2) a recognition of our interconnected and interdependent lives, and (3) the ...


Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Méndez 2019 Washington College of Law, American University

Right To A Healthy Prison Environment: Health Care In Custody Under The Prism Of Torture, Juan E. Méndez

Notre Dame Journal of International & Comparative Law

Deprivation of adequate health care — including preventive and remedial therapies — violates State obligations under domestic and international law. Because it deprived inmates of a fundamental right it is appropriate to analyze the scope of that obligation under norms of international law that are binding as treaty law or as customary international law. Recent developments in international standards illuminate the scope of the State’s obligations to provide health care to persons deprived of liberty. Salient among those recent developments in the normative framework is the most recent version of the UN Standard Minimum Rules for the Treatment of Prisoners, amended ...


Masthead Volume 9, 2019 Notre Dame Law School

Masthead Volume 9

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Employee Right To Disconnect, Paul M. Secunda 2019 Marquette University Law School

The Employee Right To Disconnect, Paul M. Secunda

Notre Dame Journal of International & Comparative Law

U.S. workers are increasingly finding it difficult to escape from work. Through their smartphones, e-mail, and social media, work tethers them to their workstations well after the work day has ended. Whether at home or in transit, employers are asking or requiring employees to complete assignments, tasks, and projects outside of working hours. This practice has a profound detrimental impact on employee privacy and autonomy, safety and health, productivity and compensation, and rest and leisure. France and Germany have responded to this emerging workplace issue by taking different legal approaches to providing their employees a right to disconnect from ...


18 U.S.C. § 3553(A)’S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In “The Most Effective Manner”, Erica Zunkel 2019 The University of Chicago Law School

18 U.S.C. § 3553(A)’S Undervalued Sentencing Command: Providing A Federal Criminal Defendant With Rehabilitation, Training, And Treatment In “The Most Effective Manner”, Erica Zunkel

Notre Dame Journal of International & Comparative Law

The vast majority of federal criminal defendants are sentenced to prison, and non-incarceration sentences have become vanishingly small. During the sentencing process, federal district court judges are required to consider what sentence will provide the defendant with necessary rehabilitation and treatment in the most effective manner pursuant to 18 U.S.C. § 3553(a)(2)(d). Courts regularly undervalue, ignore, or even violate this statutory command. Some courts seem to believe that the Bureau of Prisons can provide adequate rehabilitation and treatment and do not explain how this squares with what the statute requires. Other courts barely engage with the ...


Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo 2019 University of Maine School of Law

Marine Renewable Energy Law And Policy In The Bay Of Fundy: The Impact Of Ambiguous Domestic Boundaries In Canada On Nova Scotia's Regulatory Framework, Esteban Salcedo

Ocean and Coastal Law Journal

Using a legal history methodology, this paper examines existing marine renewable energy law and policy in Nova Scotia with a focus on its application in the Bay of Fundy. This paper critically assesses the current approach to coastal management in light of recent recommendations summarized in the Fournier report. This paper argues that, despite clear calls to develop integrated ocean management and marine spatial planning in policies and regulations, Canada and Nova Scotia have failed to do so because of unclear federal-provincial boundaries. Ambiguous domestic borders in the Bay of Fundy have been at the source of an overly cautious ...


The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz 2019 University of Miami Law School

The Question Of The Constitutionality Of Non-Economic Damage Caps In Personal Injury Cases In Canada, Rachael Kratz

University of Miami Inter-American Law Review

No abstract provided.


Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., PhD, Lindsey Keiser 2019 Georgetown University Law Center

Nafta/Usmca Dispute Settlement Mechanisms And The Constitution, John S. Baker Jr., Phd, Lindsey Keiser

University of Miami Inter-American Law Review

No abstract provided.


Prefatory Matter And Table Of Contents, 2019 University of Miami Law School

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


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