Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- American University Washington College of Law (75)
- Case Western Reserve University School of Law (71)
- Yeshiva University, Cardozo School of Law (48)
- Southern Methodist University (42)
- Fordham Law School (37)
-
- Penn State Dickinson Law (36)
- UC Law SF (33)
- Nova Southeastern University (30)
- University of Georgia School of Law (30)
- University of Miami Law School (30)
- Seattle University School of Law (23)
- University of San Diego (22)
- BLR (21)
- Maurer School of Law: Indiana University (21)
- Pace University (20)
- Notre Dame Law School (17)
- William & Mary Law School (17)
- University of Michigan Law School (16)
- Vanderbilt University Law School (16)
- Loyola University Chicago, School of Law (14)
- New York Law School (13)
- Northwestern Pritzker School of Law (13)
- Brooklyn Law School (12)
- Universitas Indonesia (12)
- University of Connecticut (11)
- Schulich School of Law, Dalhousie University (10)
- U.S. Naval War College (10)
- University of Colorado Law School (10)
- University of Maryland Francis King Carey School of Law (10)
- Emory University School of Law (9)
- Keyword
-
- International Law (65)
- International law (61)
- Human rights (54)
- Terrorism (35)
- United States (22)
-
- European Court of Human Rights (17)
- United Nations (17)
- National security (16)
- Human Rights (15)
- Human Rights Law (15)
- Privacy (14)
- Constitutional Law (13)
- European Union (13)
- Immigration (12)
- International human rights (12)
- Treaties (11)
- ECHR (10)
- Freedom of expression (10)
- China (9)
- Criminal Law and Procedure (9)
- Freedom of religion (9)
- Internet (9)
- War (9)
- Censorship (8)
- Comparative and Foreign Law (8)
- European Convention on Human Rights (8)
- First Amendment (8)
- Immigration Law (8)
- Jurisdiction (8)
- Law (8)
- Publication Year
- Publication
-
- Case Western Reserve Journal of International Law (47)
- American University International Law Review (36)
- UC Law SF International Law Review (33)
- ILSA Journal of International & Comparative Law (30)
- Fordham International Law Journal (25)
-
- Georgia Journal of International & Comparative Law (25)
- Faculty Scholarship (22)
- San Diego International Law Journal (22)
- ExpressO (21)
- Cardozo International & Comparative Law Review (20)
- Seattle University Law Review (20)
- Penn State Journal of Law & International Affairs (2012 - Present) (18)
- Law and Business Review of the Americas (17)
- Penn State International Law Review (1982 - 2011) (16)
- University of Miami International and Comparative Law Review (16)
- Human Rights Brief (15)
- Vanderbilt Journal of Transnational Law (14)
- Canada-United States Law Journal (13)
- Loyola University Chicago International Law Review (13)
- The Year in Review (13)
- Faculty Publications (11)
- Brooklyn Journal of International Law (10)
- Connecticut Journal of International Law (10)
- Indiana Journal of Global Legal Studies (10)
- International Law Studies (10)
- University of Miami Inter-American Law Review (10)
- War Crimes Memoranda (10)
- Global Business & Development Law Journal (9)
- Notre Dame Journal of International & Comparative Law (9)
- Emory International Law Review (8)
- Publication Type
- File Type
Articles 181 - 210 of 977
Full-Text Articles in Entire DC Network
Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner
Title Vii Prohibits Employment Discrimination... Except When It Doesn't: Eliminating The Small Firm Exemption, Hayley Bronner
Cardozo International & Comparative Law Review
The note argues that the small firm exemption in Title VII of the Civil Rights Act of 1964, which excludes employers with fewer than fifteen employees from coverage, undermines the law's purpose of eradicating employment discrimination. The exemption, initially a political compromise, lacks an evidence-based foundation and disproportionately affects vulnerable groups such as women and minorities. The analysis suggests that eliminating this exemption is essential to achieve universal protection and align Title VII with broader state and international laws, proposing measures like damage caps to mitigate potential burdens on small businesses.
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Unilateral Cyber Sanctions: Between Questioned Legality And Normative Value, Iryna Bogdanova, Maria Vasquez Callo-Muller
Vanderbilt Journal of Transnational Law
The current legal vacuum regarding binding international norms regulating malicious conduct in cyberspace has paved the way for the emergence of a unilateral tool: cyber sanctions. They have already been introduced by the United States, the European Union, and the United Kingdom. Notwithstanding their obvious importance, their interrelations with international law- especially international economic law-have remained largely unexplored in academic research. This gap is perplexing given the fact that the existing unilateral cyber sanctions have been formulated in such a way as to be prone to misuse. In particular, they bear a significant potential to disrupt economic relations and undermine …
Rethinking Immigration Enforcement, Peter L. Markowitz
Rethinking Immigration Enforcement, Peter L. Markowitz
Articles
As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …
A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar
A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar
Pepperdine Law Review
The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry …
Human Rights In Indonesia, Hikmahanto Juwana
Human Rights In Indonesia, Hikmahanto Juwana
Indonesian Journal of International Law
Indonesia is the parties of international convention on human rights. Indonesia has raised the problems of human rights from its constitution, even the problem is not the main concern. Another aspect which has the important role to the protection of human rights besides the substantive law is the institution, either it is a government institution or non government institution, whose dealing with the human rights problem. The National Commission on human rights (KOMNASHAM) is the first government institution whose established for handling the problems of human rights.
Cyber Terrorism Prevention And Eradication In Indonesia And Role And Functions Of Media, Edmon Makarim
Cyber Terrorism Prevention And Eradication In Indonesia And Role And Functions Of Media, Edmon Makarim
Indonesian Journal of International Law
The objective of terrorist is to create widespread fear to the society. This issue has then direct or indirect influent to the role of print and electronic media. Nowadays, the terrorist acts are carried out not only with physical violence but also by non-physical means through the medium of internet as a global communication. The main question is, whether terror groups could be protected as part of the freedom of expression. This article discusses mainly on the prevention and eradication of cyber terrorism in Indonesia and its relations to the role and function of Media.
Can The Requirements Of Shariah Law Regarding Criminal Punishments Be Interpreted In A Way That Is Compatible With The Iccpr And Cat?, Alfitri Alfitri
Can The Requirements Of Shariah Law Regarding Criminal Punishments Be Interpreted In A Way That Is Compatible With The Iccpr And Cat?, Alfitri Alfitri
Indonesian Journal of International Law
Criminal law deals with the protection of public interests and values deemed to be crucial for a particular society. In Islam, these values are ascribed to the divine commands. Thus, there will be calls from some Muslims for the implementation of Islamic criminal law by the state for they believe that this is required by Islam. Can therefore the death penalty or corporal punishments required by the Shariah law be imposed by a state while they are in conflict with the state’s obligation to comply with international human rights instruments? This paper will analyze this uneasy situation faced by some …
Does The Right To Privacy Apply To Facial Biometrics? Specifically, When Analyzed Under The European Convention On Human Rights, Grace Callanan
Does The Right To Privacy Apply To Facial Biometrics? Specifically, When Analyzed Under The European Convention On Human Rights, Grace Callanan
Georgia Journal of International & Comparative Law
No abstract provided.
Debunking The Deathbed Analysis: Exploring A New Approach To Article 3 Health Cases, Meredith Heim
Debunking The Deathbed Analysis: Exploring A New Approach To Article 3 Health Cases, Meredith Heim
Northwestern Journal of Human Rights
This essay will explore Article 3 of the European Convention on Human Rights (ECHR) as it has been applied to deportation cases of persons in poor health, with the ultimate goal of answering the following question: Whether the deportation of a person to a place where she or he will not receive adequate health care should constitute a violation of ECHR Article 3. Further, this article will suggest how the European Court of Human Rights (ECtHR) and the national courts below them can better review such cases in order to provide more meaningful protection to those inflicted. In doing so, …
Why The 2020 U.S.-China Trade Agreement Needs Anticorruption Provisions For The Protection Of Intellectual Property, Daniel C.K. Chow
Why The 2020 U.S.-China Trade Agreement Needs Anticorruption Provisions For The Protection Of Intellectual Property, Daniel C.K. Chow
Notre Dame Journal of International & Comparative Law
No abstract provided.
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
Human Dignity Has No Borders: Respecting The Rights Of “People On The Move” And The Rights And Religious Freedom Of Those Who Aid Them, Christine M. Venter
BYU Law Review
No abstract provided.
For Facebook’S Sake: Getting Conversant With Human Rights, Deborah Pearlstein
For Facebook’S Sake: Getting Conversant With Human Rights, Deborah Pearlstein
Online Publications
Each time I read a new article or interview with an American lawyer or legal scholar reacting to the recent decision by the Facebook Oversight Board (FOB) to invoke international human rights law in sustaining Facebook’s suspension of Donald Trump – I feel seized by the impulse to respond with an unsolicited public primer on what international human rights law (IHRL) is. It is not an unfamiliar feeling. On the contrary, the impulse (which I experience as uncomfortably paternalistic) has emerged repeatedly in the past, say, 20 years, during any one of countless exchanges with lawyers or academics who have …
Protection Of Witnesses And Sensitive Information In U.K. Criminal Prosecutions, Eric Waage
Protection Of Witnesses And Sensitive Information In U.K. Criminal Prosecutions, Eric Waage
San Diego International Law Journal
This Article examines the film Closed Circuit, as it portrays the legal issues surrounding a British judge’s decision to hold a hearing in camera. As in the United States, holding in camera hearings safeguards the use of witnesses and protects confidential information before it is shared with all parties to a criminal case or the jury. Closed Circuit accurately portrays some aspects of the United Kingdom’s legal standards that govern these hearings including the judicial deference to the Crown’s national security interests, the appointment of cleared special counsel to represent the accused, and the use of pseudonyms to protect …
Sexual Orientation And Gender Identity, Mark E. Wojcik
Sexual Orientation And Gender Identity, Mark E. Wojcik
The Year in Review
No abstract provided.
Employment Law, Theodore Goloff
International Securities And Capital Markets, Jennifer Y. Poon, Dr. Manfred Ketzer, Walter Stuber, Robert Lando, Audrey Kravets, Sandeep Parekh, Perry Wildes, Ayelet Krispin, Piyansena Perera, Mario Piana, Jose Carrillo, Daniel Winterfeldt, Trish O'Donnell, Jennifer Pence
International Securities And Capital Markets, Jennifer Y. Poon, Dr. Manfred Ketzer, Walter Stuber, Robert Lando, Audrey Kravets, Sandeep Parekh, Perry Wildes, Ayelet Krispin, Piyansena Perera, Mario Piana, Jose Carrillo, Daniel Winterfeldt, Trish O'Donnell, Jennifer Pence
The Year in Review
No abstract provided.
International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen, Ron Kendler, Ying Lin, Diane Macdonald, Cortney O'Toole Morgan, David Sella-Villa, Valerie Sorenson, Sarah Sprinkle, Adam Teslik
International Trade, Stephanie Bell, Johny Chaklader, Sylvia Chen, Shane Devins, Laura El-Sabaawi, Jeffrey Frank, Cynthia Galvez, Geoffrey Goodale, Derick Holt, Bernd Janzen, Ron Kendler, Ying Lin, Diane Macdonald, Cortney O'Toole Morgan, David Sella-Villa, Valerie Sorenson, Sarah Sprinkle, Adam Teslik
The Year in Review
No abstract provided.
Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian
Cruise Ship And Crime: How To Better Protect United States’ Citizens Who Are Victims Of Crime On The High Seas, Eda Harotounian
Loyola of Los Angeles Law Review
No abstract provided.
Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre
Emergencies Revisited: The Enduring Legacy Of The Police Power, Santiago Legarre
Belmont Law Review
No abstract provided.
The Impact Of Covid-19 On Immigration Detention, Fatma Marouf
The Impact Of Covid-19 On Immigration Detention, Fatma Marouf
Faculty Scholarship
COVID-19 has spread quickly through immigration detention facilities in the United States. As of December 2, 2020, there have been over 7,500 confirmed COVID-19 cases among detained noncitizens. This Article examines why COVID-19 spread rapidly in immigration detention facilities, how it has transformed detention and deportation proceedings, and what can be done to improve the situation for detained noncitizens. Part I identifies key factors that contributed to the rapid spread of COVID-19 in immigration detention. While these factors are not an exhaustive list, they highlight important weaknesses in the immigration detention system. Part II then examines how the pandemic changed …
The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz
The Prison Litigation Reform Act And The Physical Injury Requirement In The Context Of Transgender Inmates, Hunter Kravitz
Cardozo International & Comparative Law Review
The note examines the impact of the Prison Litigation Reform Act (PLRA) on transgender inmates, focusing on its physical injury requirement, which disproportionately bars access to justice for those with mental or emotional injuries. It highlights the ethical and constitutional concerns arising from the PLRA's application, particularly its unequal treatment of transgender inmates, and advocates for reforms to ensure equitable access to justice.
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte
William & Mary Journal of Race, Gender, and Social Justice
The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …
The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent
The Authority Of International Refugee Law, Evan J. Criddle, Evan Fox-Decent
William & Mary Law Review
As COVID-19 has spread around the world, many states have suspended their compliance with a core requirement of international refugee law: the duty to refrain from returning refugees to territories where they face a serious risk of persecution (the duty of non-refoulement). These measures have prompted some observers to question whether non-refoulement will survive the pandemic as a nonderogable legal duty. This Article explains why the international community should embrace non-refoulement as a peremptory norm of general international law (jus cogens) that applies even during public emergencies, such as the coronavirus pandemic. Viewed from a global justice perspective, the …
Satellites & Hong Kong’S Independence: How The Trade Of Commercial Satellites Impacts Democracy Abroad And National Security At Home, Nicholas A. Beekhuizen
Satellites & Hong Kong’S Independence: How The Trade Of Commercial Satellites Impacts Democracy Abroad And National Security At Home, Nicholas A. Beekhuizen
University of Miami International and Comparative Law Review
Trade laws have always struck a balance between political freedom and national security. The trade of commercial communication satellites (“CCS”) between the United States and Hong Kong is no exception. Until recently, Hong Kong held a special trade designation that allowed it to purchase CCS from the United States. This exception from the strict ban on sales of certain advanced technologies to China was allowed due to Hong Kong’s semi-autonomous status. However, China’s continued encroachment on Hong Kong’s autonomy led the United States to strip Hong Kong of its special trade status and ban the free exchange of advanced technologies. …
Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot
Solving The Fentanyl Problem Beyond The Border: A Call For An International Solution, Agneta Hendershot
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Focused Accountability: A Bilateral Response To The International Proliferation Of Fentanyl Analogues, Razi Lane
Notre Dame Journal of International & Comparative Law
No abstract provided.
Blue States, Red States: The United States?, Catherine Powell
Blue States, Red States: The United States?, Catherine Powell
Maryland Journal of International Law
No abstract provided.
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli
UC Law SF International Law Review
Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …
Duress In Immigration Law, Elizabeth A. Keyes
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young
New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young
Loyola University Chicago International Law Review
No abstract provided.