Cornell Law School
University of London
Yale Law School
Georgetown University Law Center
NYU School of Law
Human Trafficking And Refugee Law,
2016
Lund University
Human Trafficking And Refugee Law, Vladislava Stoyanova
Vladislava Stoyanova
No abstract provided.
Rethinking Counterterrorism In The Age Of Isis,
2016
Texas A&M University School of Law
Rethinking Counterterrorism In The Age Of Isis, Sahar F. Aziz
Sahar F. Aziz
Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates,
2016
University of Puget Sound
Access To Communication In United States Prisons: Reducing Recidivism Through Expanded Communication Programs With Inmates, Lilie Gross
Politics & Government Undergraduate Theses
The need for better communication systems in prisons is dire and will reduce recidivism rates in the United States. Not only is communication via phone lines extremely expensive and corrupt, it is almost impossible. Inmates in United States Prisons need this availability and option to communicate with their families and maintain outside relationships. While maintaining healthy and positive relationships is good for inmate's mental health, it also decreases the risk of recidivism. This paper aims to highlight the benefits of phone communication and relationships between inmates and family on the outside for it will decrease the 50% recidivism rate ...
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law,
2016
University of Georgia School of Law
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?,
2016
Charles Darwin University School of Law
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
New Judicial Review In Old Europe,
2016
Yale University
New Judicial Review In Old Europe, Alyssa S. King
Georgia Journal of International & Comparative Law
No abstract provided.
Stories From The Margins: Refugees With Disabilities Rebuilding Lives,
2016
Syracuse University
Stories From The Margins: Refugees With Disabilities Rebuilding Lives, Brent C. Elder
Brent Elder
First-hand accounts of resettlement are seldom heard from refugees with disabilities. The purpose of this study was to facilitate a space for refugees with disabilities to tell their life histories, and their experiences related to resettlement. A global ethnographic framework was used to gather life history interview data from six refugees with a label of disability who have resettled in the United States. To better understand participants’ life histories, multiple theoretical perspectives were utilized including: critical cultural theory, critical race theory (CRT), critical disability studies (CDS), and disability studies (DS) which helped to interpret and navigate the nebulous intersections of ...
Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise,
2016
Columbia University
Disaggregating Corpus Christi: The Illiberal Implications Of Hobby Lobby's Right To Free Exercise, Katharine Jackson
Katharine Jackson
Re-Examining Customary International Law And The Federal Courts: An Introduction,
2016
Notre Dame Law School
Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia
Anthony J. Bellia
Legal scholars have debated intensely the role of customary international law in the American federal system. The debate involves serious questions surrounding the United States's constitutional structure, foreign relations, and human rights. Despite an impressive body of scholarship, the debate has stood at an impasse in recent years, without either side garnering a consensus. This symposium–Re-examining Customary International Law and the Federal Courts–aspires to help advance the debate over the status of customary international law in the federal courts.
The symposium received thoughtful and constructive contributions from Professors Curtis A. Bradley, Bradford R. Clark, Andrew Kent, Carlos ...
The Fate Of Armed Resistance Groups After Peace,
2016
Indiana University Maurer School of Law
The Fate Of Armed Resistance Groups After Peace, David C. Williams
Indiana Journal of Constitutional Design
No abstract provided.
Changing Minds: Proselytism, Freedom, And The First Amendment,
2016
Notre Dame Law School
Changing Minds: Proselytism, Freedom, And The First Amendment, Richard W. Garnett
Richard W Garnett
Proselytism is, as Paul Griffiths has observed, a topic enjoying renewed attention in recent years. What's more, the practice, aims, and effects of proselytism are increasingly framed not merely in terms of piety and zeal; they are seen as matters of geopolitical, cultural, and national-security significance as well. Indeed, it is fair to say that one of today's more pressing challenges is the conceptual and practical tangle of religious liberty, free expression, cultural integrity, and political stability. This essay is an effort to unravel that tangle by drawing on the religious-freedom-related work and teaching of the late Pope ...
Arbitrating Human Rights,
2016
Notre Dame Law School
Arbitrating Human Rights, Roger P. Alford
Roger P. Alford
The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor - the sovereign - is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, it may ...
Arbitrating Human Rights,
2016
Notre Dame Law School
Arbitrating Human Rights, Roger P. Alford
Roger P. Alford
Corporate liability for human rights abuses is one of the most important developments in current international law and practice. With the advent of human rights litigation against corporations, there is now the prospect of a deep-pocket defendant that is complicit in grave human rights abuses, subject to personal jurisdiction, and not immune from suit. Indeed, if a corporation is accused of "aiding and abetting" human rights abuses, this is all but a concession that the corporate actor is not the principal wrong-doer. It is of course possible that this controversial trend toward corporate responsibility may reflect a genuine concern about ...
The Effectiveness Of International Law: Torture And Counterterrorism,
2016
Golden Gate University School of Law
The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah
Annual Survey of International & Comparative Law
This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on ...
Children, Armed Violence And Transition: Challenges For International Law & Policy,
2016
Transnational Law Institute, Washington & Lee University School of Law
Children, Armed Violence And Transition: Challenges For International Law & Policy, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015),
2016
Johannes Gutenberg-University of Mainz, Germany
Between Light And Shadow: The International Law Against Genocide In The International Court Of Justice’S Judgement In Croatia V. Serbia (2015), Ines Gillich
Pace International Law Review
This Article identifies and critically analyzes the contributions the International Court of Justice (ICJ) made to the international law against genocide via the judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) of February 3, 2015. This Article elaborates on the concept of genocide—a term that has originally been coined after the Armenian Genocide and the Holocaust—and the protection against this “crime of crimes” under international law. The analysis section of this Article refers to the historical and procedural context of the dispute between Croatia and Serbia in ...
Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application,
2016
University of Miami Law School
Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer Mcdonald
University of Miami Inter-American Law Review
This paper examines a tumultuous history of applying United States law to foreign conduct in United States federal courts and the impact of recent Supreme Court decisions in this area. Despite its inconsistent application, the presumption against extraterritorial application may bridle Article III courts’ authority of applying domestic law to foreign conduct. Notably, a complicated test of displacing the presumption has emerged from the recent Supreme Court case of Kiobel v. Royal Dutch Petroleum Co., which concerned foreign conduct under the Alien Tort Statute (“ATS”). The test states the presumption is overcome if the foreign conduct “touches and concerns” the ...
The Failure Of The Universal Declaration Of Human Rights,
2016
University of Miami Law School
The Failure Of The Universal Declaration Of Human Rights, Jacob Dolinger
University of Miami Inter-American Law Review
The UN Human Rights Commission dedicated over two years to the drafting of the Universal Declaration of Human Rights, which was approved by the General Assembly in 1948.
The underlying reason for the Declaration was the genocide executed by Hitler’s Nazi Germany against the Jewish people throughout Europe during the Second World War. The fundamental mistake of the Commission was that the persecution by the Nazis was not directed against individual persons, but against an entire people, whereas the Declaration deals exclusively with the rights of the individual human being, no reference whatsoever made in the document to collectivities ...
The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship,
2016
Washington University School of Law in St. Louis
The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl
Mark A. Drumbl
The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of ...
The Power Of Legal And Historical Fiction(S): The Daniels Decision And The Enduring Influence Of Colonial Ideology,
2016
University of Ottawa
The Power Of Legal And Historical Fiction(S): The Daniels Decision And The Enduring Influence Of Colonial Ideology, Brenda Macdougall
The International Indigenous Policy Journal
It’s been several months since the Supreme Court of Canada (SCC) rendered its judgment in Daniels v. Canada (2016), affirming that the term “Indian” in s. 91(24) of the Constitution Act (1867) includes Métis and Non-Status Indians. There is a general hope that the decision marks a turning point for Métis and Non-Status Indians within Canada’s colonial structures. I’m not certain this optimism is justified. The judgment was reached based on the types of historical evidence presented and, consequently, there are a couple of statements within the written judgment that give me pause to question how ...
