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Impacting Factor In Refugee Policy: With An Analysis On Korean Refugee Policy Development, Yun-Ju Kang 2017 Indiana University - Bloomington

Impacting Factor In Refugee Policy: With An Analysis On Korean Refugee Policy Development, Yun-Ju Kang

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Asia is no exception to the global refugee crisis. The number of asylum-seekers in Asian countries has escalated very quickly in recent years. In the United States, President Trump's recent executive orders suspended refugee admissions, and hostile immigration policy sparked the controversy about refugees.

The rising number of refugees and migrants from the Middle East, Africa, and South Asia created political conflicts inside the European countries. The refugee issue has emerged as a global problem.

How is the world dealing with these refugee situations? What are the common barriers in designing humanistic refugee policy, and what is the best ...


Volume 12, Issue 1 (Summer 2017), 2017 University of Tennessee, Knoxville

Volume 12, Issue 1 (Summer 2017)

Tennessee Journal of Law and Policy

No abstract provided.


Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe 2017 University of New Hampshire School of Law

Can Courts Save Us From Unconstitutional Government Conduct?, John M. Greabe

Legal Scholarship

[Excerpt] "We are living in a troubled time. Across the political spectrum, there is a great deal of concern that government officials have been derelict in honoring their oaths to support and defend the Constitution."


Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson 2017 University of Pennsylvania Law School

Trigger Crimes & Social Progress: The Tragedy-Outrage-Reform Dynamic In America, Paul H. Robinson, Sarah M. Robinson

Faculty Scholarship

Can a crime make our world better? Crimes are the worst of humanity’s wrongs but, oddly, they sometimes do more than anything else to improve our lives. It is often the outrageousness itself that does the work. Ordinary crimes are accepted as the background noise of everyday existence but some crimes make people stop and take notice – because they are so outrageous or so heart-wrenching.

This brief essay explores the dynamic of tragedy, outrage, and reform, illustrating how certain kinds of crimes can trigger real social progress. Several dozen such “trigger crimes” are identified but four in particular are ...


The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz 2017 University of Massachusetts School of Law

The Role Of Religiously Affiliated Law Schools In The Renewal Of American Democracy, Bruce Ledewitz

University of Massachusetts Law Review

American Democracy has broken down. This crisis was on dramatic display in the 2016 Presidential Campaign. Americans are resentful, distrustful and pessimistic. We find it easy to blame “the other side” for the deadlock, mendacity and irresponsibility in American public life. By virtue of their public role, American law schools have an obligation to address the breakdown in order to understand and try to ameliorate it. That task is currently unfulfilled by law schools individually and collectively. They are distracted by marketing and pedagogy. Religious law schools, which retain the traits of normative discourse, mission, Truth and tragic limit to ...


Taxing Bankrupts, Shu-Yi Oei 2017 Tulane University Law School

Taxing Bankrupts, Shu-Yi Oei

Shu-Yi Oei

When a debtor goes bankrupt and limited assets have to be divided between competing creditors, should unpaid taxes owed to the government be paid before the debts owed to other creditors? This Article defends the notion that some tax debts should be awarded priority. Insofar as bankruptcy protection transfers the risk of financial distress from a debtor to her creditors, the tax priority debate should be understood as a fight about how much debtor default risk the government should have to assume relative to other creditors. This Article argues that the government’s share of debtor default risk should be ...


The Origins And Boundaries Of Executive Privilege, John M. Greabe 2017 University of New Hampshire School of Law

The Origins And Boundaries Of Executive Privilege, John M. Greabe

Legal Scholarship

[Excerpt] "When the president or persons working with the president are under investigation . . . the doctrine of executive privilege -which entitles the president to keep confidential certain communications to and from his advisers -inevitably becomes relevant."


Ending-Life Decisions: Some Disability Perspectives, Mary Crossley 2017 University of Pittsburgh School of Law

Ending-Life Decisions: Some Disability Perspectives, Mary Crossley

Georgia State University Law Review

This Essay considers the challenges to end-of-life decision-making that disability poses. I am perhaps an odd choice to offer the disability perspective on this or any topic, as I am able bodied and of sound mind, at least for the moment. For the past thirty years, however, I have puzzled over how people with disabilities experience the health care system in this country and how the health care system experiences people with disabilities.

This essay does two things. First, it briefly describes the nature of and basis for disability concerns about the liberalization of ending life decisions. This account is ...


2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin 2017 University of Utah

2016-2017 Georgia State University Law Review Symposium: Exploring The Right To Die In The U.S., Margaret Pabst Battin

Georgia State University Law Review

This transcript is a reproduction of the Keynote Presentation at the 2016–2017 Georgia State University Law Review Symposium on November 11, 2016. Margaret Battin, is a Distinguished Professor of Philosophy and Adjust Professor of Internal Medicine at the University of Utah.


Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp 2017 Florida State University

Distinctive Factors Affecting The Legal Context Of End-Of-Life Medical Care For Older Persons, Marshall B. Kapp

Georgia State University Law Review

Current legal regulation of medical care for individuals approaching the end of life in the United States is predicated essentially on a factual model emanating from a series of high-profile judicial opinions concerning the rights of adults who become either permanently unconscious or are clearly going to die soon with or without aggressive attempts of curative therapy.

The need for a flexible, adaptable approach to medically treating people approaching the end of their lives, and a similar openness to possible modification of the legal framework within which treatment choices are made and implemented, are particularly important when older individuals are ...


No Justice Without Narratives:Transition, Justice And The Khmer Rouge Trials, Tallyn Gray Dr 2017 The University of Westminster

No Justice Without Narratives:Transition, Justice And The Khmer Rouge Trials, Tallyn Gray Dr

Transitional Justice Review

The article addresses the relationship between the Extraordinary Chambers in the Courts of Cambodia (ECCC) and the supposed constituents of that transitional justice institution. The article sets out to offer a sociological methodology that TJ mechanism could contemplate in the process of enabling victims/witnesses to narrate justice and transition in their own terms and using Cambodia as a case study. It offers a theoretical and methodological approach to be reflected upon by transitional justice scholars and practitioners, which may enable a more victim-centered attitude in practical interactions with atrocity survivors ( not a cure-all policy solution ). My own research has ...


Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman 2017 Shared Hope International

Amend The Communications Decency Act To Protect Victims Of Sexual Exploitation, Samantha Vardaman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Progressives: Racism And Public Law, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

The Progressives: Racism And Public Law, Herbert J. Hovenkamp

Faculty Scholarship

American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?

When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that ...


Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes 2017 National Center on Sexual Exploitation

Introduction To Dignity Special Issue: Freedom From Sexploitation, Lisa L. Thompson, Donna M. Hughes

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins 2017 National Center on Sexual Exploitation

It Can't Wait: Exposing The Connections Between Forms Of Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman 2017 National Center on Sexual Exploitation

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant 2017 Harvard University

Inextricably Bound: Strip Clubs, Prostitution, And Sex Trafficking, Dan O'Bryant

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime 2017 Coalition Against Trafficking in Women

Why We Must Oppose The Full Decriminalization Of Prostitution, Taina Bien-Aime

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins 2017 National Center on Sexual Exploitation

The Freedom From Sexploitation Agenda: Policy And Legislative Recommendations To Curb Sexual Exploitation, Dawn Hawkins

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Progressive Antitrust, Herbert J. Hovenkamp 2017 University of Pennsylvania Law School

Progressive Antitrust, Herbert J. Hovenkamp

Faculty Scholarship

Several American political candidates and administrations have both run and served under the “progressive” banner for more than a century, right through the 2016 election season. For the most part these have pursued interventionist antitrust policies, reflecting a belief that markets are fragile and in need of repair, that certain interest groups require greater protection, or in some cases that antitrust policy is an extended arm of regulation. This paper argues that most of this progressive antitrust policy was misconceived, including that reflected in the 2016 antitrust plank of the Democratic Party. The progressive state is best served by a ...


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