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The Concept Of “Unusual Punishments” In Anglo-American Law: The Death Penalty As Arbitrary, Discriminatory, And Cruel And Unusual, John D. Bessler 2018 Northwestern Pritzker School of Law

The Concept Of “Unusual Punishments” In Anglo-American Law: The Death Penalty As Arbitrary, Discriminatory, And Cruel And Unusual, John D. Bessler

Northwestern Journal of Law & Social Policy

The Eighth Amendment of the U.S. Constitution, like the English Bill of Rights before it, safeguards against the infliction of “cruel and unusual punishments.” To better understand the meaning of that provision, this Article explores the concept of “unusual punishments” and its opposite, “usual punishments.” In particular, this Article traces the use of the “usual” and “unusual” punishments terminology in Anglo-American sources to shed new light on the Eighth Amendment’s Cruel and Unusual Punishments Clause. The Article surveys historical references to “usual” and “unusual” punishments in early English and American texts, then analyzes the development of American constitutional ...


Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, Rob Warden, Daniel Lennard 2018 Center on Wrongful Convictions, Bluhm Legal Clinic, Northwestern University Pritzker School of Law

Death In America Under Color Of Law: Our Long, Inglorious Experience With Capital Punishment, Rob Warden, Daniel Lennard

Northwestern Journal of Law & Social Policy

No abstract provided.


Refugee Resettlement In Wyoming: A How-To Guide, Gabriel Selting 2018 University of Wyoming

Refugee Resettlement In Wyoming: A How-To Guide, Gabriel Selting

Honors Theses AY 17/18

Amid a global refugee crisis defined by the highest levels of displaced persons on record, Wyoming is the single state in the U.S. without a Refugee Resettlement Program (RRP). Wyoming “exceptionalism” in this regard is an affront to America’s traditional role as the leader in refugee admissions and human rights advocacy dating back the mid 1940s. The purpose of this article is to establish a framework for Welcome Wyoming’s initiative to create an RRP. This article proceeds by laying bare the various models of refugee resettlement, and then selects the appropriate model considering the political climate, funding ...


Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani 2018 University of Notre Dame Law School

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand ...


The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh 2018 University of Groningen

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...


Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz 2018 University of Notre Dame Law School

Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz

Notre Dame Journal of International & Comparative Law

In the wake of the Syrian Civil War, millions of persons have been displaced from their homes. As desperate families flee zones of conflict, they leave all but their most precious belongings behind, in search of safety in neighboring countries. The path to safety and security, however, is a dangerous one. Displaced persons must traverse national borders, military checkpoints, and journey great distances to find safe haven. Unfortunately, Syrian families often do not carry identification documents to establish a legal recognition of their nationality in foreign lands. Consequently, this population of refugees is left vulnerable to the ugly reality of ...


Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune 2018 University of Georgia School of Law

Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune

Georgia Journal of International & Comparative Law

No abstract provided.


A Tribute To Hope Lewis, Karen E. Bravo 2018 Indiana University Robert H. McKinney School of Law

A Tribute To Hope Lewis, Karen E. Bravo

Georgia Journal of International & Comparative Law

No abstract provided.


Redress For 'Some Folks': Pursuing Justice For Victims Of Torture Through Traditional Grounds Of Jurisdiction, Karen Hoffman Esq. 2018 ALDEA -- The People's Justice Center, Reading, PA, USA

Redress For 'Some Folks': Pursuing Justice For Victims Of Torture Through Traditional Grounds Of Jurisdiction, Karen Hoffman Esq.

Georgia Journal of International & Comparative Law

No abstract provided.


The Syrian Crisis: Violations Of Basic Human Rights And Particularly Children's Rights, Ranee K.L. Panjabi 2018 Memorial University

The Syrian Crisis: Violations Of Basic Human Rights And Particularly Children's Rights, Ranee K.L. Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters 2018 University of Georgia School of Law

An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters

Georgia Journal of International & Comparative Law

No abstract provided.


American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette 2018 University of Georgia School of Law

American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette

Georgia Journal of International & Comparative Law

No abstract provided.


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore 2018 St. Mary's University School of Law

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz 2018 Syracuse University

Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz

The Scholar: St. Mary's Law Review on Race and Social Justice

The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts ...


Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos 2018 Graduate Center, City University of New York

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

All Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the ...


Health And Human Rights Of Syrian Women And Children Refugees: Trafficking, Resettlement, And The United Nations Convention On Refugees Revisited, Lori Maria Walton PhD, DPT, MPH(s), CLT 2018 University of Sharjah

Health And Human Rights Of Syrian Women And Children Refugees: Trafficking, Resettlement, And The United Nations Convention On Refugees Revisited, Lori Maria Walton Phd, Dpt, Mph(S), Clt

Online Journal of Health Ethics

In 2016, there were approximately 22.5 million refugees displaced outside their home country because of armed conflict, over half of whom are minors. Syria reported the highest number, with over eleven million refugees displaced, both internally and externally, from zones of conflict in 2017. Over five million Syrian refugees, between the years 2011 and 2017, have fled to other countries including: Lebanon (1.1 million), Jordan (660,000), Egypt (122,000), Turkey (2.9 million) and Iraq (241,000). Exposure to war, displacement, and violence deprives women and children of the basic right to health, including the “right to ...


Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu 2018 St. Mary's University School of Law

Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming


Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto 2018 Golden Gate University School of Law

Integrating Evidence-Based Practices Into Judicial Sentencing In The Wake Of Realignment’S Split Sentencing, Camille Frausto

Golden Gate University Law Review

Part I of this comment discusses the Supreme Court cases that led to the passage of the Realignment Act, along with a review of some of the major reform changes. Part I also highlights the gaps in creating a fair and consistent process across counties for managing the effects of Realignment. Part II discusses split sentencing and some of the issues it was designed to address as well as investigating how judges have reacted to and used split sentencing. Part III introduces the RNR (Risk Needs Responsivity) model of risk assessments and argues why it should be a mandatory aspect ...


The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil 2018 Golden Gate University School of Law

The Flores Settlement: Ripping Families Apart Under The Law, Natalie Lakosil

Golden Gate University Law Review

This Note focuses on families’ experiences in immigration detention centers, specifically how they are affected by the government practice of releasing children without simultaneously releasing their parents.

Section I provides the procedural and factual background of Flores v. Lynch, the recent history of family detention centers, and discusses the Ninth Circuit’s ruling of the case. Section II provides the argument that, although the Ninth Circuit’s holding is correct, the government refusing to release parents with their children is unconstitutional because it violates the parents’ fundamental right to custody over their biological child and family unity. Furthermore, this Note ...


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