Law Commons^™

The Practice And Legality Of Rendition, Katherine R. Hawkins

ExpressO

“Rendition” is the United States’ policy of sending terrorism suspects to be interrogated in Middle Eastern countries that practice torture.

This Article introduces the subject by describing a complaint filed in a lawsuit by Canadian citizen Maher Arar. The United States sent Arar from John F. Kennedy airport to Syria, where he was tortured and was held in a grave-sized cell for nearly a year. Arar alleges that his transfer violated the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“CAT”).

Arar’s lawsuit may be dismissed before the court reaches the substance of his claims. But …

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, Maria Perinetti

ExpressO

Trafficking in persons is one of the fastest growing areas of international criminal activity. Each year an estimated 600,000 – 800,000 human beings are bought, sold or forced across the world’s borders. Approximately 2.5 million men, women and children are victims of trafficking at any point in time throughout the world. Approximately 14,500 – 17,500 individuals are trafficked annually into the United States, making the United States the third largest destination country in the world for victims of human trafficking.

In order to fight trafficking in the United States effectively, legislation at the state level, in addition to the federal …

Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon

ExpressO

No abstract provided.

The Constitutional Right Not To Cooperate? Local Sovereignty And The Federal Immigration Power, Huyen Pham

ExpressO

May the federal government require local governments to cooperate with the enforcement of immigration law or other federal scheme? Or may local governments constitutionally refuse to provide that cooperation?

I use immigration law enforcement as a case study to argue that the current legal framework, which allows the federal government to mandate local cooperation, ignores the significant federalism harms that federal cooperation laws impose. And these federalism harms are not simply limited to the immigration field. In other areas where federal and local governments disagree (e.g., medical marijuana, stem cell research, and physician-assisted suicide), there is similar potential for conflict …

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

Shifts In Policy And Power: Calculating The Consequences Of Increased Prosecutorial Power And Reduced Judicial Authority In Post 9/11 America, Chris Mcneil

ExpressO

Among many responses to the attacks of September 11, 2001, Congress and the states have shifted to the executive branch certain powers once held by the judicial branch. This article considers the impact of transferring judicial powers to prosecutorial officers, and compares the consequent increased powers of the prosecutor with those powers traditionally held by prosecutors in Japanese criminal courts. It considers the impact of removing from public view and judicial oversight many prosecutorial functions, drawing comparisons between the largely opaque Japanese prosecutorial roles and those roles now assumed in immigration and anti-terrorism laws, noting the need for safeguards not …

Ireland's New Responsibility: Refugees Buy The Irish Another Round, Shae D. Armstrong

ExpressO

Over the previous decade, Ireland's economic boom has attracted asylum seekers from around the globe to this small island nation. Ireland's economic explosion created growing pains for industrial sectors of the Irish economy. Ireland’s continued willingness to diversify its neighborhoods will promote even greater economic prosperity. Furthermore, refugees will satisfy several of the economic demands of Ireland’s massively growing economy. Asylum seekers granted refugee status in Ireland will satisfy present labor shortages in Ireland. Also, these refugees will allow Ireland to establish an economic partnership with non-EU countries that have a propensity to export asylum seekers.