Law Commons^™

Violence Against Women And The Asylum Process, John Linarelli

Scholarly Works

Perhaps no area of public legislation generates as much controversy, or attracts as much rhetoric, as immigration. Immigration is perceived as the core of who we are as a nation. Legal norms governing the movement and migration of people across the borders of countries determine who is entitled to live in a country and ultimately who will control its resources. Immigration goes to the heart of sovereignty, particularly where sovereignty is popular, such as in consolidated democracies.' Asylum is a controversial issue within the immigration debate. This Article will interpret some of the recent developments in asylum law that are …

Human Rights Of Indigenous Peoples: Will The United States Rise To The Occasion?, Dean B. Suagee

American Indian Law Review

No abstract provided.

The Tragedy Of Hong Kong, Richard Klein

Scholarly Works

While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.

Canada's Limitation Of Hate Speech: A Comparative Perspective, David H. Moore

Faculty Scholarship

No abstract provided.

The Persistent Nation State And The Foreign Sovereign Immunities Act, Mark L. Movsesian

Cardozo Law Review

One hears a great deal these days about the decline of the nation state. The concept of a sovereign country whose inhabitants share a common ancestry or culture is said to be obsolescent, if not already obsolete. Several factors, apparently, are responsible: the creation of supranational institutions like the European Union and the World Trade Organization; the growing influence of nongovernmental organizations; the emergence of a new global economy; and the formation of a worldwide consumer culture, to name just a few. The law, it is argued, must adapt.

Abolitionist Feminism, Moral Slavery, And The Constitution: “On The Same Platform Of Human Rights”, David A.J. Richards

Cardozo Law Review

The analogy between race and gender plays an increasingly important role in the interpretation of the Equal Protection Clause of the Fourteenth Amendment. However, interpretive arguments about the analogy make little or no reference to the abolitionist historical background of the Reconstruction Amendments in general and the Fourteenth Amendment in particular. This might make some sense if the only legitimate interpretive appeal to history were Raoul Berger's version of originalism, namely, the specific denoted things (including persons and practices) to which the relevant drafters and ratifiers of the pertinent constitutional text would or would not have applied the language in …

Religious Persecution: A Viable Basis For Seeking Refugee Status In The United States?, Eric T. Johnson

BYU Law Review

No abstract provided.

"Brainwashing" Claims And Minority Religions Outside The United States: Cultural Diffusion Of A Questionable Concept In The Legal Arena, James T. Richardson

BYU Law Review

No abstract provided.

Religious Liberties And Religious Tolerance: An Agenda For The Future, Michael K. Young

BYU Law Review

No abstract provided.

Estranged Fruit: The Reconstruction Amendments, Moral Slavery, And The Rearticulation Of Lesbian And Gay Identity, E. Nathaniel Gates

Cardozo Law Review

David A.J. Richards has composed a thoughtful and suggestive narrative that centers on the excavation of the antislavery constitutionalism forged by a small, but arguably influential, group of antebellum abolitionist feminists. Central to his narrative, and to the constitutional theses of the abolitionist feminists, is the concept of "moral slavery" which, on Richards' account, constitutes a crucial element of the hermeneutic background essential to a proper interpretation of the Reconstruction Amendments. According to Professor Richards, an understanding of the figure of the abolitionist feminist as a "multiple exile and outcast" who in opposing "moral slavery" played a vital role in …

Preserving Family Unity: The Rights Of Children To Maintain The Companionship Of Their Parents And Remain In Their Country Of Birth, Giovanna I. Wolf

Indiana Journal of Global Legal Studies

No abstract provided.

States As International Law-Breakers: Discrimination Against Immigrants And Welfare Reform, Elizabeth Landry

Washington Law Review

As part of the current "devolution revolution," policy makers at the state and federal levels are designing proposals that would permit states to discriminate on the basis of immigration status in determining eligibility for public education, medical care, social services, and cash assistance. This Comment asserts that such proposals violate international human rights norms, by which both federal and state governments are bound. Mbreover, it maintains that legislators must consider international law when crafting proposals that would allow discrimination on the basis of alienage. If they fail to do so, courts are obliged to intervene and ensure that treaty provisions …

Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt

Faculty Works

No abstract provided.

Native American Life Stories And "Authorship": Legal And Ethical Issues, Lenora P. Ledwon

Faculty Articles

Juridical discourse concerning life stories has been primarily concerned with property and contract issues, and categories such as "ownership" and "authorship." Such legal discourse generally fails to acknowledge the unique nature of Native American life stories, particularly when such stories are written in collaboration with a non-Native editor or transcriber. This essay focuses on one fundamental question with overlapping legal and ethical aspects: how does a non-Native collaborator avoid a colonizing relationship to Native American texts? In suggesting possible answers to this vexing question, I always have on the horizon of my mind's eye two figures-Emmanuel Levinas, the philosopher, and …

Noted Japanese Jurist Speaks Out Against Capital Punishment

Alfred Aman Jr. (1991-2002)

No abstract provided.

Commentary: Re-Positioning Human Rights Discourse On "Asian" Perspectives, Sharon K. Hom

Buffalo Journal of International Law

No abstract provided.

The U.N. Commission On Human Rights And Cambodia, 1975-1980, Jamie Frederic Metzl

Buffalo Journal of International Law

No abstract provided.

The Destruction Of Churches And Mosques In Bosnia-Herzegovina: Seeking A Rights-Based Approach To The Protection Of Religious Cultural Property, Gregory M. Mose

Buffalo Journal of International Law

No abstract provided.

The Reasonable Suspicion Test Of Northern Ireland's Emergency Legislation: A Violation Of The European Convention Of Human Rights, Elizabeth Kondonijakos

Buffalo Journal of International Law

No abstract provided.

The United Nations Role In The Future Of Human Freedoms, Emilio J. Cárdenas

University of Miami Inter-American Law Review

No abstract provided.

The Good Polity Today Constituting Law And Society After The Cold War, Graham Walker

Cardozo Journal of International and Comparative Law

The article explores the challenges of constructing a just and livable political society in the post-Cold War era, focusing on the tension between the global aspiration for liberal democracy and the resurgence of ethnic, religious, and moral claims. It examines how these competing forces shape political reconstruction and the search for a "good polity," emphasizing the need to learn from contemporary experiences and theoretical reflections.

The Good Or Goodnesses Of Polity And Polities À La Liberalism: Plurality Rather Than Unicity, Singularity Beyond Plurality, Richard E. Flathman

Cardozo Journal of International and Comparative Law

The article critiques traditional liberal pluralism, arguing that it often overlooks the importance of singularity—the unique, self-enacted individuality beyond mere diversity. It advocates for a "willful liberalism" that emphasizes individual freedom and the pursuit of self-defined goals, moving beyond both rationalist uniformity and communitarian group identities. This form of liberalism seeks to balance diversity with a deeper appreciation for individual uniqueness, guided by virtues like civility and courage.

Darkness In The Land Of The Rising Sun: How The Japanese Discriminate Against Ethnic Koreans Living In Japan, Paul E. Kim

Cardozo Journal of International and Comparative Law

The note examines the systemic discrimination faced by ethnic Koreans in Japan, rooted in historical, legal, and social structures. It argues that despite constitutional guarantees of equality, the Japanese judiciary and government perpetuate discrimination through restrictive nationality laws, naturalization processes, and the failure to enforce international human rights treaties effectively. The note advocates for legal reforms and international pressure to address these issues and ensure equal rights for ethnic minorities.

¿Y Qué Paso? ("And Then What Happened?"): The Plight Of Cuban Detainees At Guantanamo Bay, David Gavilan

Cardozo Journal of International and Comparative Law

The note argues that Cuban detainees at Guantanamo Bay possess cognizable statutory and constitutional rights under U.S. law, particularly under the First and Fifth Amendments, and that legal organizations have a First Amendment right to access and consult with these detainees. It challenges the government's position that these rights do not apply extraterritorially, asserting that Guantanamo's unique legal status under U.S. jurisdiction necessitates the protection of these rights.

Canada's Charter: Rights Protection In The Cultural Mosaic, Lorraine Weinrib

Cardozo Journal of International and Comparative Law

The Canadian Charter of Rights and Freedoms, enacted in 1982, was a transformative constitutional document designed to deepen Canada's commitment to liberal democracy by recognizing a multi-faceted rightholder embedded in both individual and community identities. It aimed to balance diverse cultural, linguistic, and ethnic interests, particularly addressing Quebec's distinct identity while promoting a unified Canadian identity. However, the Charter's implementation and interpretation have been marked by ongoing political and legal challenges, particularly in Quebec, where it has been both a tool for asserting minority rights and a focal point for separatist movements.

Agape, Civil Society And The Task Of Social Reconstruction, Karol E. Soltan

Cardozo Journal of International and Comparative Law

The article argues that while institutional reforms are crucial for societal transition, the transformation of mentalities is equally important for achieving a truly good society. It emphasizes that mentalities, particularly "agape" (a form of care and love for improvement), play a significant role in fostering a society capable of continuous improvement. The analysis critiques the idea that institutions alone can create a good society and advocates for a balanced approach that includes both institutional and mental development.

The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan

Osgoode Hall Law Journal

This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …

Ua21 Wku Affirmative Action Plan, Wku Office Of Equal Opportunity / 504 / Ada Compliance

WKU Administration Documents

This report consists of the following parts:

• Introduction
• Statement of Purpose
• Affirmative Action Plan for Minorities & Women
• Affirmative Action Plan for Covered Veterans & Persons with Disabilities

The Environmental Threat Of Military Operations, William M. Arkin

International Law Studies

No abstract provided.

International Environmental Law Considerations During Miltary Operations Other Than War, Bruce A. Harlow, Michael E. Mcgregor

International Law Studies

No abstract provided.