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Full-Text Articles in Law
A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles
A Critique Of The Second Circuit’S Analysis In Nicholas V. Goord, John Dorsett Niles
University of Massachusetts Law Review
The Case Note proceeds as follows. Part I traces the historical and procedural facts underlying Nicholas. Part II describes the legal backdrop against which the United States Court of Appeals for the Second Circuit decided the case. Part III steps through the Second Circuit’s majority opinion, and Part IV critiques the opinion. Part V concludes the Case Note by discussing the ramifications of Nicholas for future DNA-indexing cases.
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf
Faculty Publications
In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …