Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Western New England University School of Law (20)
- Duke Law (4)
- University of Colorado Law School (3)
- Boston University School of Law (1)
- Chapman University (1)
-
- Luther Seminary (1)
- New York Law School (1)
- Roger Williams University (1)
- Schulich School of Law, Dalhousie University (1)
- Texas A&M University School of Law (1)
- University of Miami Law School (1)
- University of Nebraska - Lincoln (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of the District of Columbia School of Law (1)
- Valparaiso University (1)
- Publication Year
- Publication
-
- Media Presence (18)
- Faculty Scholarship (8)
- Publications (3)
- All Faculty Scholarship (1)
- Articles (1)
-
- Articles & Chapters (1)
- Articles, Book Chapters, & Popular Press (1)
- Faculty Publications (1)
- Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012 (1)
- Journal Articles (1)
- Law Faculty Articles and Research (1)
- Law Faculty Publications (1)
- Law Student Publications (1)
- Life of the Law School (1993- ) (1)
Articles 1 - 30 of 40
Full-Text Articles in Law
A Comparative Perspective On Safe Third And First Country Of Asylum Policies In The United Kingdom And North America: Legal Norms, Principles And Lessons Learned, Susan M. Akram, Elizabeth Ruddick
A Comparative Perspective On Safe Third And First Country Of Asylum Policies In The United Kingdom And North America: Legal Norms, Principles And Lessons Learned, Susan M. Akram, Elizabeth Ruddick
Faculty Scholarship
Wealthy refugee-receiving countries across the global north have recently been experimenting with systems that they believe will allow them lawfully to remove or turn back asylum-seekers reaching their borders, without considering their claims for international protection. These include the Trump administration's Asylum Cooperation Agreements (ACAs), the United Kingdom's Nationality and Borders Act, and the recent amendments to Denmark's Aliens Act that will allow asylum-seekers to be transferred to third countries for processing. Although these systems have many important differences, they rest on a shared premise that neither the Refugee Convention nor international, regional or domestic human rights laws prohibit such …
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects of culture and the law. The treatment of incarcerated transgender people is no exception. Historically, transgender people have been routinely denied access to medically necessary hormone therapy, surgery, and other gender-affirming procedures; subjected to cross-gender strip searches; and housed according to their birth sex. But these policies and practices have begun to change. State departments of corrections are now providing some, though by no means all, appropriate care to transgender people, culminating in the Ninth Circuit’s historic decision in Edmo …
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
Local Elected Officials’ Receptivity To Refugee Resettlement In The United States, Robert Shaffer, Lauren E. Pinson, Jonathan A. Chu, Beth A. Simmons
All Faculty Scholarship
Local leaders possess significant and growing authority over refugee resettlement, yet we know little about their attitudes toward refugees. In this article, we use a conjoint experiment to evaluate how the attributes of hypothetical refugee groups influence local policymaker receptivity toward refugee resettlement. We sample from a novel, national panel of current local elected officials, who represent a broad range of urban and rural communities across the United States. We find that many local officials favor refugee resettlement regardless of refugee attributes. However, officials are most receptive to refugees whom they perceive as a strong economic and social fit within …
Holding U.S. Corporations Accountable: The Convergence Of U.S. International Tax Policy And Human Rights, Jacqueline Lainez Flanagan
Holding U.S. Corporations Accountable: The Convergence Of U.S. International Tax Policy And Human Rights, Jacqueline Lainez Flanagan
Journal Articles
International human rights litigation underscores the inverse relationship between corporate power and corporate accountability, with recent Supreme Court decisions demonstrating increased judicial protections of corporate rights and decreased corporate accountability. This article explores these recent decisions through a tax justice framework and argues that the convergence of international human rights law and U.S. international tax policy affords alternate methods to hold corporations accountable for violations of international law norms. The article specifically proposes higher scrutiny of foreign tax credits and an anti-deferral regime targeting the international activity of U.S. corporations that use subsidiaries to shelter income and decrease taxation while …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Faculty Scholarship
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
You Say Embargo, I Say Bloqueo - A Policy Recommendation For Promoting Foreign Direct Investment And Safeguarding Human Rights In Cuba, Marcia Narine Weldon
Articles
The United States is the only major industrialized nation that restricts trade with Cuba. Although President Obama issued several executive orders that have facilitated limited trade (and President Trump has scaled some back), an embargo remains in place, and by law, Congress cannot lift it until, among other things, the Cuban government commits to democratization and human rights reform. Unfortunately, the Cuban and U.S. governments fundamentally disagree on the definition of "human rights, " and neither side has shown a willingness to compromise. Meanwhile, although some US. investors clamor to join their European and Canadian counterparts in expanding operations in …
N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik
N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik
Media Presence
No abstract provided.
A Dismal Day For Human Rights In The Us, Lauren Carasik
A Dismal Day For Human Rights In The Us, Lauren Carasik
Media Presence
No abstract provided.
Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law
Newsroom: Vox: Mancheno '13 On Orlando 6-23-2016, Luis F. Mancheno, Vox, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
Obama’S National Security Exceptionalism, Sudha Setty
Obama’S National Security Exceptionalism, Sudha Setty
Faculty Scholarship
This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …
God’S Uses Of The Law And The Effort To Establish A Constitutional Right To The Means To Live, Marie A. Failinger, Patrick R. Keifert
God’S Uses Of The Law And The Effort To Establish A Constitutional Right To The Means To Live, Marie A. Failinger, Patrick R. Keifert
Faculty Publications
No abstract provided.
Us May Be Complicit In War Crimes In Yemen, Lauren Carasik
Us May Be Complicit In War Crimes In Yemen, Lauren Carasik
Media Presence
No abstract provided.
Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik
Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik
Media Presence
No abstract provided.
Guatemala Needs Profound Change, Lauren Carasik
Obama’S Failure Of Leadership On Gitmo, Lauren Carasik
Obama’S Failure Of Leadership On Gitmo, Lauren Carasik
Media Presence
No abstract provided.
Equal Justice Remains Elusive For The Poor, Lauren Carasik
Equal Justice Remains Elusive For The Poor, Lauren Carasik
Media Presence
No abstract provided.
Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik
Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik
Media Presence
No abstract provided.
Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik
Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik
Media Presence
No abstract provided.
Us Should End Solitary Confinement, Lauren Carasik
Us Should End Solitary Confinement, Lauren Carasik
Media Presence
No abstract provided.
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Report Of The Special Rapporteur On The Rights Of Indigenous Peoples On The Situation Of Indigenous Peoples In The United States Of America, S. James Anaya
Publications
No abstract provided.
No Guarantee The Us Won’T Torture Again, Lauren Carasik
No Guarantee The Us Won’T Torture Again, Lauren Carasik
Media Presence
No abstract provided.
Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik
Us Policies In Mexico Have Made Bad Situation Worse, Lauren Carasik
Media Presence
No abstract provided.
Release Senate Report On Cia Torture Program, Lauren Carasik
Release Senate Report On Cia Torture Program, Lauren Carasik
Media Presence
No abstract provided.
Blackwater Guilty Verdict Long Overdue, Lauren Carasik
Blackwater Guilty Verdict Long Overdue, Lauren Carasik
Media Presence
No abstract provided.
United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik
United Nations Watchdog Blasts Us For Persistent Racism, Lauren Carasik
Media Presence
No abstract provided.
Human Rights For Thee But Not For Me, Lauren Carasik
Human Rights For Thee But Not For Me, Lauren Carasik
Media Presence
No abstract provided.
Supreme Court Ruling Shields Corporations From Accountability, Lauren Carasik
Supreme Court Ruling Shields Corporations From Accountability, Lauren Carasik
Media Presence
No abstract provided.
A Tale Of Two Responses To Lgbti Violence, Lauren Carasik
A Tale Of Two Responses To Lgbti Violence, Lauren Carasik
Media Presence
No abstract provided.
Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown
Targeting Demand: A New Approach To Curbing Human Trafficking In The United States, Morgan Brown
Law Student Publications
Part I of this paper will provide a general framework for understanding human trafficking in the United States by laying out basic statistics relevant to human trafficking, describing the basic economic model under which the business of human trafficking should be understood, and discussing the major legislative approaches the United States has taken to curtail the increase in human trafficking in the country in the past ten years. Part II will then analyze the shortcomings of this approach and the successes of unique efforts to combat trafficking in Sweden. Part III recommends an approach the United States should take moving …
Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance
Anti-Trafficking Legislation In Sub-Saharan Africa: Analyzing The Role Of Coercion And Parental Responsibility, Ruby Andrew, Benjamin N. Lawrance
Fourth Annual Interdisciplinary Conference on Human Trafficking, 2012
This article discusses the effect of US and international support for local laws to combat child trafficking in sub-Saharan African states. The annual ranking of African anti-trafficking measures, produced by the US State Department’s Office to Monitor and Combat Trafficking in Persons (OMCTP) in conjunction with the UN Office on Crime and Drugs, not only provides an important source of data but also creates a powerful incentive for African states to effect legislative change.
We argue that, although the US supports criminalization of traffickers and the OMCTP espouses laws to deter parental inducement to support trafficking activities, the implementation of …