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Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg 2018 Case Western Reserve University School of Law

Global Human Rights Organizations And National Patterns: Amnesty International's Representations Of Darfur, Joachim J. Savelsberg

Societies Without Borders

This article investigates the contribution of International Non-Governmental Organizations to the social construction of knowledge about episodes of mass violence. The focus is on the dynamics between global and national forces, explored through a case study of Amnesty International and the mass violence that unfolded in the Darfur region of Sudan during the first decade of the 21st century. Interviews with Amnesty staff and volunteers, supplemented by an examination of Amnesty websites, suggest that the organization succeeds in generating a relatively unified representation, reflective of its goal to promote human rights, but that it can succeed only by granting leeway ...


Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler, Pamela Irving Jackson 2018 Bloomsberg University

Radical Right-Wing Parties In Western Europe And Their Populist Appeal: An Empirical Explanation, Peter Doerschler, Pamela Irving Jackson

Societies Without Borders

In a majority of Western European countries, the vote share cast for radical right-wing populist parties in national elections was over 10% by 2015, reaching 46% in Austria’s 2016 presidential election. Policy agendas of national governments have also moved to the right, demonstrating greater restrictiveness on immigration and skepticism toward the EU. With data from the Chapel Hill Expert Survey, European Social Survey, Multiculturalism Policy Index, and Parliaments and Governments Database, we extend current models of electoral support for far-right parties by assessing whether the ethnic majority’s sense of discrimination and safety help explain the allure of the ...


Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda 2018 Merrimack College

Comparing Ignorance: Imagined Immigration And The Exclusion Of Migrants In The Us And Western Europe, Daniel Herda

Societies Without Borders

There exists a well-documented tendency among citizens to perceive immigrant populations as much larger than indicated by official statistics. This misperception has been linked to desires to halt the flow of immigration or restrict immigrants’ rights, raising concern about the consequences of pervasive faulty information. However, ignorance extends beyond questions of population size. There are also many qualitative misperceptions upon which individuals base their opinions about foreigners. In particular, citizens are likely to hold incorrect perceptions about the legal status of the typical immigrant (i.e., documented vs undocumented). The current study takes a unique approach by simultaneously examining both ...


2018 James R. Browning Distinguished Lecture In Law, Jeffrey S. Sutton 2018 Judge, United States Court of Appeals for the Sixth Circuit

2018 James R. Browning Distinguished Lecture In Law, Jeffrey S. Sutton

Montana Law Review

2018 James R. Browning Distinguished Lecture in Law


Curious In-Laws: The Legal Connections Between Montana And Puerto Rico, Jorge M. Farinacci Fernós 2018 Assistant Professor of Law, Interamerican University of Puerto Rico Law School

Curious In-Laws: The Legal Connections Between Montana And Puerto Rico, Jorge M. Farinacci Fernós

Montana Law Review

From the face of it, Puerto Rico and Montana seem to have very little in common. One is a former Spanish colony in the Caribbean whose legal system is mostly based on the civil law tradition. The other is one of the largest, yet most underpopulated, states of the United States, located on the Canadian border. Yet, as with many things related to law and history, appearances can be deceiving.


The Rule Of Lenity In The State Of Montana: Is There Lenity?, Angelica Gonzalez 2018 Alexander Blewett III School of Law

The Rule Of Lenity In The State Of Montana: Is There Lenity?, Angelica Gonzalez

Montana Law Review

This note examines how the rule of lenity is applied in the Montana Supreme Court and ultimately demonstrates that the Court’s understanding of the rule’s application is not always clear. The first application of the rule of lenity occurred in 1922. From 1922 to 1933, the Montana Supreme Court applied the rule of lenity, despite it not being codified in Montana since 1895. In 1934, the Court correctly cited to the statute that abrogated the common law rule of strict construction in Montana by looking to the Revised Codes of 1921. However, only four years later, in 1938 ...


The Analysis Is Simple: A Child's Right To Counsel In Dependency And Neglect Proceedings Under The Montana Constitution, Jennifer Shannon 2018 Alexander Blewett III School of Law

The Analysis Is Simple: A Child's Right To Counsel In Dependency And Neglect Proceedings Under The Montana Constitution, Jennifer Shannon

Montana Law Review

This comment argues that given Article II, Section 15’s text, intent, and development in the courts, children must be appointed attorneys in dependency proceedings. Part II briefly explains the process of dependency proceedings, and the federal and state statutory framework that guides them. Part III first explains the rights implicated in dependency proceedings, which have been complicated by the courts. It then explains the origins of procedural due process in the federal system. Lastly, it discusses Montana’s extension of procedural due process to parents in dependency proceedings, giving parents the right to counsel. Part IV discusses four Montana ...


Still-In-Flux: Reinterpreting Montana's Rights-Of-Minors Provision, Rebecca Stursberg 2018 Alexander Blewett III School of Law

Still-In-Flux: Reinterpreting Montana's Rights-Of-Minors Provision, Rebecca Stursberg

Montana Law Review

This note explores how this provision, referred to interchangeably as Article II, Section 15 and the rights-of-minors provision throughout, has developed since its adoption. Part II of this note discusses the sources of the provision, including key United States Supreme Court precedent on juvenile rights in the years immediately before the Convention, and the evolution of the provision through several stages of the 1972 Montana Constitutional Convention. Part III examines the structure and substance of Article II, Section 15 by dividing the provision into three subparts and illustrating how each sub-part functions through relevant Montana Supreme Court decisions. Part IV ...


Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki 2018 Tokyo Metropolitan University

Determinants Of Open Attitudes Towards Foreign Nationals In Japan, Shigmi Ohtsuki

Societies Without Borders

With a declining birth rate and aging population, Japan needs to open the door to immigrants to maintain its workforce. “Multicultural Coexistence,” or “tabunka-kyosei” in Japanese, is commonly used to describe the relationship between Japanese people and foreign nationals in Japan. Unfortunately, the definition of the term is unclear. This study defines multicultural coexistence based on two conceptions, namely “willingness for communication” and “support for or opposition to the equality of rights.” The analyses are based on quantitative data of a sample of 1,823 Japanese persons and 292 foreign national persons (immigrants) living in the industrial city of Tokyo ...


Lincoln, Presidential Power, And The Rule Of Law, Daniel A. Farber 2018 Northwestern Pritzker School of Law

Lincoln, Presidential Power, And The Rule Of Law, Daniel A. Farber

Northwestern University Law Review

Every era has its unique challenges, but history may still offer lessons on how law empowers and restrains presidents. This Essay examines how President Lincoln negotiated the tension between crisis authority and the rule of law. This analysis requires an appreciation of the wartime imperatives, institutions, and political forces confronting Lincoln, as well as the legal framework in which he acted. Similar issues unexpectedly arose in our times in the aftermath of the 9/11 attacks, providing a new point of comparison with Lincoln’s era. We need to better understand how political actors and institutions, the media, and public ...


Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade 2018 Northwestern Pritzker School of Law

Sanctuaries As Equitable Delegation In An Era Of Mass Immigration Enforcement, Jason A. Cade

Northwestern University Law Review

Opponents of—and sometimes advocates for—sanctuary policies describe them as obstructions to the operation of federal immigration law. This premise is flawed. On the better view, the sanctuary movement comports with, rather than fights against, dominant new themes in federal immigration law. A key theme—emerging both in judicial doctrine and on-the-ground practice—focuses on maintaining legitimacy by fostering adherence to equitable norms in enforcement decision-making processes. Against this backdrop, the sanctuary efforts of cities, churches, and campuses are best seen as measures necessary to inject normative (and sometimes legal) accuracy into real-world immigration enforcement decision-making. Sanctuaries can erect ...


Explicit Bias, Jessica A. Clarke 2018 Northwestern Pritzker School of Law

Explicit Bias, Jessica A. Clarke

Northwestern University Law Review

In recent decades, legal scholars have advanced sophisticated models for understanding prejudice and discrimination, drawing on disciplines such as psychology, sociology, and economics. These models explain how inequality is implicit in cognition and seamlessly woven into social structures. And yet, obvious, explicit, and overt forms of bias have not gone away. The law does not need empirical methods to identify bias when it is marching down the street in Nazi regalia, hurling misogynist invective, or trading in anti-Muslim stereotypes. Official acceptance of such prejudices may be uniquely harmful in normalizing discrimination. But surprisingly, many discrimination cases ignore explicit bias. Courts ...


You Are Where You Eat: Discrimination In The National School Lunch Program, Anna Karnaze 2018 Northwestern Pritzker School of Law

You Are Where You Eat: Discrimination In The National School Lunch Program, Anna Karnaze

Northwestern University Law Review

The National School Lunch Program (NSLP) serves over thirty million children daily in over one hundred thousand schools across the United States. Though it is regulated at the federal level, state and local education agencies have a great deal of authority when it comes to actually implementing the NSLP. As a result, a number of schools nationwide have adopted practices that identify students who participate in the NSLP, which causes those students to experience stigmatization. This Note focuses on two of these practices: (1) the physical separation of paying and nonpaying students in the cafeteria, often resulting in de facto ...


Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler, Hiromi Ishizawa 2018 Pew Research Center

Immigrant Voices: How Do Patterns Of Expressive Forms Of Civic Engagement Differ Across Immigrant Generation?, Renee Stepler, Hiromi Ishizawa

Societies Without Borders

Prior research suggests that immigrants in the U.S. are less likely to civically engage than the native-born, but few studies have systematically examined whether levels of expressive engagement differ by immigrant generational status – particularly in the case of contacting a public official and boycotting or buycotting products for political or social reasons. Using the Current Population Survey, November 2011 and 2013 Civic Engagement Supplements, this study examines whether these forms of expressive engagement differ across immigrant generational status, and by race and ethnicity within immigrant generations. In accord with classical assimilation theory, the findings show that the first generation ...


Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish 2018 Indiana University Maurer School of Law

Dean's Desk: Iu Maurer Programs Supporting Careers In Cybersecurity, Austen L. Parrish

Austen Parrish (2014-)

A recent Bureau of Labor Statistics report estimated a near 30 percent growth in coming years for information security professionals, far outpacing most other job types. While Indiana University has long recognized the importance of data security and privacy, multiple new initiatives are ensuring that the next generation of chief information security officers, systems analysts, privacy professionals and others will come from our law school.

One of the ways the law school is leading the way is through the university’s new master of science in cybersecurity risk management. That degree program combines the resources of three of IU’s ...


The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco 2018 Catholic University of Valencia

The Impact Of The Concepts Of 'Common Good', 'Justice' And 'Diversity' In The Natural Law Of Our Time, Gines Marco

Journal of Vincentian Social Action

In this article we have projected three central objectives: first, to delimit the scope and limits of the recognition granted by the Aristotelian-Thomist tradition to the centrality of the common political good in life and in the fullness of the human being; Secondly, to specify the nature of the present difficulties that has the same possibility of the common reaches, by virtue of the valuation of the diversity projected by the liberal tradition inherited from Modernity; Thirdly, to analyze the impact that the dichotomy common good/diversity has had and continues to have on the way in which intra-organizational conflicts ...


Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta 2018 Niagara University

Case Study: Robin Hood Or Criminal? The Case Of A Bank Loan Officer, Vincent Agnello, Joseph F. Winter, Hai Ta

Journal of Vincentian Social Action

Employees who deviate from established rules at work face suspension or termination from their employment. Yet, knowing these dire consequences employees may still find themselves walking on a different path of business policy. Most employee wrongful conduct is done with the specific intent of benefitting the employee. In some cases, the authorities are brought in to intervene and criminal charges are brought against the employee, as in the case of embezzlement. Some acts are done by employees who do not believe in their company’s rules and are willing to deviate from them, not for their own benefit, but rather ...


Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter 2018 Niagara University

Divorcing Your Job French Style: An Argument To End At Will Employment In The United States, Vincent Agnello, Nicole Stolowy, Joseph F. Winter

Journal of Vincentian Social Action

The United States and France are at opposite ends of the spectrum in protecting employees from employment termination. France has developed an elaborate regulatory and judicial scheme to protect workers, while the U.S. still allows workers to be in an at will relationship with their employers. In France employment is deemed to be permanent. In the U.S., workers are employed at the whim of their employer. In a major shift of policy, France adopted legislation allowing parties to enter into voluntary employment separation agreements. To protect against abuse, all settlement agreements are subject to court review for approval ...


Usury And The Common Good, Jim Wishloff 2018 University of Lethbridge

Usury And The Common Good, Jim Wishloff

Journal of Vincentian Social Action

No abstract provided.


Table Of Contents, 2018 St. John's University

Table Of Contents

Journal of Vincentian Social Action

No abstract provided.


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