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Full-Text Articles in Law

Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman Dec 2005

Reinvigorating First Year Criminal Law: Integrating Mental Disability Issues Into The Criminal Law Course, Linda C. Fentiman

ExpressO

This article explores how mental disability issues can be incorporated into a traditional criminal law class, in order to enrich student understanding of both mental disability law and criminal law doctrine. The intersection of mental disability with the doctrinal aspects of criminal law can be broken into five major categories: 1) the justifications for punishment; 2) the definition of crime in general, e.g., the requirements of a voluntary act, mens rea, and causation; 3) the definition of particular crimes, such as murder, manslaughter, rape, and burglary; 4) defenses to crime, including mistake of law and of fact, as well as …


Assassination Under The International Human Law, Wasem Mawlana May 2005

Assassination Under The International Human Law, Wasem Mawlana

ExpressO

Israel has adopted a policy of assassinations, much earlier than its racist assassination policy that was renewed during the Palestinian uprising against the occupation. It goes back as far as 1947, when Israeli terrorists assassinated special UN Representative Count Bernadette . International law prohibits without exception the extra-judicial killing of protected persons. Israel's policy of assassination clearly amounts to intentional or willful killing; such killings violate international humanitarian law, and human rights protocols. Since 9 November 2000 the Israeli Defense Force (IDF) has actively pursued a policy of deliberately targeting those alleged to have carried out, or to have planned …


Minority Rights, Minority Wrongs, Elena A. Baylis Mar 2005

Minority Rights, Minority Wrongs, Elena A. Baylis

ExpressO

Many of the new democracies established in the last twenty years are severely ethnically divided, with numerous minority groups, languages and religions. In conflicts between minorities and the state, human rights and minority rights values are one set of battlefields, and claimed abuses are the weapons of choice for all sides.

National human rights institutions stand at the center of these conflicts. Minority groups should be a primary constituency for these institutions. Nonetheless, only a few of the human rights institutions in severely divided states report developing programs directed at minorities, and many shy away from involvement in their conflicts. …


The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo Feb 2005

The W Visa: A Legislative Proposal For Female And Child Refugees Trapped In A Post-9/11 World, Marisa S. Cianciarulo

ExpressO

Abstract of The W Visa: A Legislative Proposal for Female and Child Refugees Trapped in a Post-9/11 World Marisa S. Cianciarulo, Reuschlein Clinical Teaching Fellow, Villanova University School of Law This article addresses an urgent humanitarian crisis affecting unaccompanied or abused refugee children and widowed, divorced, abandoned or abused female heads of refugee households. Such women and children suffer the consequences of the post-9/11 U.S. refugee resettlement backlog more severely than the general refugee population. They are far more at risk of life-threatening harm such as trafficking, sexual exploitation and rape. Moreover, they are far less likely to present a …