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Full-Text Articles in Law
Human Rights Litigation Against Corporations After Jesner V. Arab Bank, Patrick C. Reed
Human Rights Litigation Against Corporations After Jesner V. Arab Bank, Patrick C. Reed
Publications and Research
In this paper, Dr. Reed explores issues of corporate civil liability for human rights violations. The paper analyzes the recent U.S. Supreme Court ruling in Jesner v. Arab Bank where the Court rejected federal subject-matter jurisdiction over corporate defendants under the Alien Tort Statute. The paper then moves beyond the Supreme Court ruling to identify potential legal exposure for corporations outside the Alien Tort Statute.
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
Dissertations, Theses, and Capstone Projects
Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …
Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer
Involuntary Sterilization Among Hiv-Positive Garifuna Women From Honduras Seeking Asylum In The United States: Two Case Reports, Holly G. Atkinson, Deborah Ottenheimer
Publications and Research
Voluntary sterilization is one of the most widely used forms of contraception by women worldwide; however, involuntary sterilization is considered a violation of multiple human rights and grounds for asylum in the United States. Women have been disproportionately affected by this practice. We report two cases of involuntary sterilization in HIV-positive Garifuna women from Honduras who sought asylum in America and were medically evaluated at the request of their attorneys. Key lessons can be drawn from these cases with regard to the importance of medical evaluations in establishing persecution. These include the need for a detailed account of the events …