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Full-Text Articles in Law

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas Jun 2014

Discrimination In Customer Segmentation Marketing Practices, Jude A. Thomas

Jude A Thomas

Customer segmentation is a powerful analytical marketing practice that is employed by a wide range of businesses to segregate customers with similar characteristics into subgroups in order to inform operational business processes. Such practices allow firms to better allocate their resources in order to form more profitable customer relationships, but they also have the capacity to lead to unfair discriminatory impact upon customer groups. Current legislation is largely unprotective of customers so positioned, but recent trends in the insurance and lending industries suggest that a broader application of anti-discrimination laws could foretell a future of greater restrictions on the implementation …


Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay Jun 2014

Suspicious Rights: Pealing Back The Principle Of Separation, Jihan A. Kahssay

Jihan A Kahssay

No abstract provided.


Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom Apr 2014

Conference On Draft Convention On Rights Of Forcibly Expelled Persons, Daniel Kanstroom

Daniel Kanstroom

On May 1-3, Center Interim Director, and Post-Deportation Human Rights Project Director, Dan Kanstroom convened a group of scholars and activists at Boston College’s Connors Center in Dover, MA, for a major conference to discuss the newly created Draft Convention on Rights of Forcibly Expelled Persons.


Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott Apr 2014

Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott

Matthew Scott

Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described a …


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson Apr 2014

California Egg Toss - The High Costs Of Avoiding Unenforceable Surrogacy Contracts, Jennifer Jackson

Jennifer Jackson

In an emotionally charged decision regarding surrogacy contracts, it is important to recognize the ramifications, costs, and policy. There are advantages to both “gestational carrier surrogacy” contracts and “traditional surrogacy” contracts. However, this paper focuses on the differences between these contracts using case law. Specifically, this paper will focus on the implications of California case law regarding surrogacy contracts. Cases such as Johnson v. Calvert and In Re Marriage of Moschetta provide a clear distinction between these contracts. This distinction will show that while gestational carrier surrogacy contracts are more expensive, public policy and court opinions will provide certainty and …


Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré Dec 2013

Access To Protection: Negotiating Rights And Diplomatic Assurances Under Memoranda Of Understanding, Mariagiulia Giuffré

Mariagiulia Giuffré

With the pretext of the global ‘war on terror’, States have repatriated a notable number of individuals who are considered threats to the public safety of the host country. Expulsion orders have often been issued on the basis of Memoranda of Understanding (MoUs)—written accords that enumerate a long list of undertakings dictating guarantees for the fair and human treatment of returnees. This paper aims to investigate whether the implementation of diplomatic assurances, whether formalized or not within MoUs, can undermine core refugee rights. Through a detailed review of international human rights case law, it observes that the text of MoUs …


Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré Dec 2013

Forced Migration(S): Critical Perspectives On Refugee Law, Mariagiulia Giuffré

Mariagiulia Giuffré

No abstract provided.


Social Assistance For Immigrants And Refugees In Denmark: A Judgment And A Prophecy, Ida Elisabeth Koch Dec 2013

Social Assistance For Immigrants And Refugees In Denmark: A Judgment And A Prophecy, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.


The European Convention On Human Rights And The Protection Of Socio-Economic Demands, Ida Elisabeth Koch Dec 2013

The European Convention On Human Rights And The Protection Of Socio-Economic Demands, Ida Elisabeth Koch

Ida Elisabeth Koch

No abstract provided.


Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow Dec 2013

Does Undrip Matter?: Indian Law In The United States And The International Right To Self-Determination, Kevin Crow

Kevin Crow

The United States has recognised the sovereignty of Indigenous tribal nations within the United States since the early 1800s and has explicitly recognised a right to self-determination for Indigenous peoples of the United States since the 1970s.The exact nature of this right, however, has been the focus of much scholarly debate both in the United States and around the world. Erosions in the nature of U.S. tribal sovereignty since the early 1980s coupled with an accelerating development of the international principle of self-determination call the extent and nature of Indian self-determination into question. Accordingly, this paper seeks to explore three …