Digital Commons Network^™

Would An Accused Or A Witness Who Is A State Official Be Able To Claim Immunity From Before The Stl? If So, What Type Of Immunity And What Would The Consequences Of Such A Successful Claim Be?, Heather Ludwig

War Crimes Memoranda

No abstract provided.

The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell

War Crimes Memoranda

No abstract provided.

Invoking Human Rights And Transnational Activism In Racial Justice Struggles At Home: Us Antiracist Activists And The Un Committee To Eliminate Racial Discrimination, Falcón

Societies Without Borders

In February 2008, over 120 members of US civil society representing a range of domestic non-governmental organizations attended a United Nations hearing regarding the US government's compliance with the International Convention to Eliminate All Forms of Racial Discrimination. In this article, I analyze a distinct form of transnational activism that requires US racial justice activists to identify human rights standards and principles upon which to build their assertions of racial injustice, necessitating a fluency in the language of human rights and the ability to negotiate and lobby with members of a UN committee.

What Will States Really Do For Us? The Human Rights Enterprise And Pressure From Below, Armaline, Davita Glasberg

Societies Without Borders

International human rights standards and treaties have been plagued with disputes over the relevance and power of international law with regard to state sovereignty. These disputes commonly result in states' failure to realize the rights and standards outlined by such human rights instruments. What if states cannot or will not provide fundamental dignities to their people? Moreover, how does global restructuring affect states' ability to implement human rights? We explore these questions through what we call the “human rights enterprise,” which includes conflicts between rulers and the ruled over the realization of human rights practice. As such, human rights are …

The Pace Of International Criminal Justice, Jean Galbraith

Michigan Journal of International Law

For all the discussion, the pace of international criminal justice has not received careful consideration. Instead, there is uncritical acceptance that international criminal tribunals move slowly, and debate only over whether this slowness is inevitable and whether the tribunals are nonetheless worthwhile. But given how central the pace of international criminal justice is to considerations of its effectiveness-and indeed its legitimacy-it is crucial to understand both what pace should be reasonably expected and what pace actually occurs. This Article undertakes this project.

Prosecuting Torturers, Protecting "Child Molesters": Toward A Power Balance Model Of Criminal Process For International Human Rights Law, Mykola Sorochinsky

Michigan Journal of International Law

In the age of terrorism, human rights law globally suffers substantial setbacks. However, at the regional level, human rights law is now more relevant than ever. More cases are decided each year by regional human rights tribunals, particularly in Europe. More importantly, human rights law affects more areas of domestic legal systems than ever before-from trademark law to limits on corporal punishment of children. This growing complexity presents two challenges: first, the challenge of comprehension (or the increasing need to make sense of the ever-expanding case law in many substantive areas) and second, the challenge of responsibility (or the fact …

Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa Cianciarulo, Claudia David

American University Law Review

For over a decade, women seeking asylum from persecution inflicted by their abusive husbands and partners have found little protection in the United States. During that time, domestic violence-based asylum cases have languished in limbo, been denied, or occasionally been granted in unpublished opinions that have not provided a much-needed adjudicative standard. The main case setting forth the pre-Obama approach to domestic violence-based asylum is rife with misunderstanding of the nature of domestic violence and minimization of the role that society plays in the proliferation of domestic violence. Fortunately, however, a recent Obama-administration legal brief indicates that women fleeing countries …

Redefining The Rights Of Undocumented Workers, Keith Cunningham-Parmeter

American University Law Review

Should a nation extend legal rights to those who enter the country illegally? The Supreme Court recently addressed this question when it held that unauthorized immigrants who are fired illegally for unionizing cannot recover monetary remedies. This has led to a significant decline in employment protections for unauthorized immigrants beyond the unionized sector. For example, some courts now question whether unauthorized immigrants can receive full remedies for sexual harassment, workplace discrimination, or on-the-job injuries.

Scholars have criticized these losses but have yet to formulate a coherent framework for evaluating the employment rights of unauthorized immigrants. This article does so by …

The Rape Epidemic In The Congo: Why Impunity In The Congo Can Be Solved By International Intervention, Jeanine Oury

Loyola University Chicago International Law Review

No abstract provided.

Extraordinary And Compelling: A Re-Examination Of The Justifications For Compassionate Release, William W. Berry Iii

Maryland Law Review

No abstract provided.

Characteristics Of Suspected Human Trafficking Incidents, 2007-08, Tracey Kyckelhahn, Allen J. Beck, Thomas H. Cohen

Human Trafficking: Data and Documents

The Trafficking Victims Protection Act of 2000 (TVPA) and its 2003, 2005, and 2008 reauthorizations are the first comprehensive federal legislation to combat human trafficking and to assist trafficking victims. Under the TVPA, human trafficking has occurred if a person was induced to perform labor or a commercial sex act through force, fraud, or coercion. Any person under age 18 who performs a commercial sex act is considered a victim of human trafficking, regardless of whether force, fraud, or coercion were present.

Department Of State - Global Affairs, U.S. Department Of State

Human Trafficking: Data and Documents

The Department of State’s Office to Monitor and Combat Trafficking in Persons (G/TIP) is pleased to announce a two-stage competitive process for 2010 funding of projects that will improve the response to trafficking in persons outside the United States. The first stage is submission and competitive panel review of two-page Statements of Interest (SOI) from organizations interested in submitting proposals for projects that combat human trafficking. In the second stage, G/TIP will invite applicants whose Statements of Interest are reviewed favorably to submit proposals that expand on their SOI. These proposals will also be reviewed by a panel for consideration …

Focus Emu, May 12, 2009, Office Of Public Information

Focus EMU

No abstract provided.

Focus Emu, July 14, 2009, Office Of Public Information

Focus EMU

No abstract provided.

Eastern Michigan University Graduate Catalog, 2009-2011, Office Of The Registrar

Graduate Catalogs

No abstract provided.

Board Of Regents Meeting Materials, June 23, 2009, Eastern Michigan University

Board of Regents Meeting Materials

No abstract provided.

Recruiting And Selecting Child Welfare Staff, Michelle Graef, Megan Paul, Tara L. Myers

Center on Children, Families, and the Law: Faculty Publications

In this chapter, the focus is on recruiting and selecting new staff and on the steps agencies can take to ensure that they are doing the best possible job to attract and hire a high-performing, committed workforce. This chapter reviews a number of strategies for improving recruitment and selection processes and provides case examples from the authors' work with child protection agencies in several states. These projects have been accomplished by a team of researchers at the University of Nebraska-Lincoln's Center on Children, Families, and the Law (CCFL). Some of the techniques described here will be familiar, whereas others are …

Concerning A Supplemental Appropriation To The Department Of Corrections., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

Concerning The Provision For Payment Of The Expenses Of The Executive, Legislative, And Judicial Departments Of The State Of Colorado, And Of Its Agencies And Institutions, For And During The Fiscal Year Beginning July 1, 2009, Except As Otherwise Noted., Colorado General Assembly

Session Laws 2001-Present

No abstract provided.

The Modern Problem-Solving Court Movement: Domination Of Discourse And Untold Stories Of Criminal Justice Reform, Mae Quinn

Journal Articles

There is a chasm between the rhetoric about and the reality of modern court reform movements. It is a deeply troubling divide. This Article, responding to the work of Professor Jane Spinak, is not concerned with innovations within the family court system. Rather, it examines modern criminal justice reforms.1 It focuses on the claims of the contemporary ―problem-solving court‖ movement—a movement that has resulted in the development of thousands of specialized criminal courts across the country over the last two decades.2

Finding Power, Fighting Power (Or The Perpetual Motion Machine), Mae Quinn

Journal Articles

No abstract provided.

The Nation's Urban Land Grant Law School: Ensuring Justice In The 21st Century, Katherine S. Broderick

Journal Articles

FOR ten years I have had the honor and the privilege to serve as dean of the University of the District of Columbia David A. Clarke School of Law (UDC-DCSL), a diverse and progressive law school bent on training advocates for justice. I was delighted to accept when Dean Douglas Ray of the University of Toledo College of Law invited me to write about our unique mission and curriculum and our extraordinary cadre of social justice-driven faculty, staff, and administrators who have stayed the course through a stormy history to deliver a very different law school experience to a very …

The Theory And The Practice Reflective Writing Across The Curriculum, Nancy Levit

Faculty Works

No abstract provided.

The Development Of Sex Trafficking In Central America, Kate Zdrojewski

Human Rights & Human Welfare

Human trafficking in Central America has taken center stage since the late 1990s. This increase in public attention has been driven by U.S. initiatives, such as the Trafficking Victims Protection Act (TVPA), as well as the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, commonly known as the Trafficking Protocol. The United States has the reputation of being the leader in the fight against trafficking in Central America, using the TVPA and the Trafficking Protocol as primary mechanisms for anti-trafficking efforts.

International Law And Human Trafficking, Lindsey King

Human Rights & Human Welfare

International law is a powerful conduit for combating human trafficking. The most reputable and recent instruments of international law that have set the course for how to define, prevent, and prosecute human trafficking are the United Nations Convention against Transnational Organized Crime and its two related protocols: the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and Children, and the United Nations Protocol against the Smuggling of Migrants by Land, Sea, and Air, which entered into force in 2003-2004. The United Nations Office on Drugs and Crime (UNODC) created these conventions, which have supported international …

Prosecutorial Misconduct In Death Penalty Cases, Natasha Minsker

California Western Law Review

No abstract provided.

Presumption Of Guilt: Systemic Factors That Contribute To Ineffective Assistance Of Counsel In California, Laurence A. Benner

California Western Law Review

No abstract provided.

Los Angeles County Public Defender Office In Perspective, Nancy Albert-Goldberg

California Western Law Review

No abstract provided.

Graduate Record 2009: I Double Bulldawg Dare You!, Southwestern Oklahoma State University

SWOSU Yearbooks

The 2009 Graduate Record was produced by the communications department.

Scientific Evidence And Prosecutorial Misconduct In The Duke Lacrosse Rape Case, Paul C. Giannelli

Faculty Publications

The need for pretrial discovery in criminal cases is critical. A defendant's right to confrontation, effective assistance of counsel, and due process often turns on pretrial disclosure. This essay discusses a case that demonstrates this point.