Law Commons^™

The Intersection Of Border Security And Free Trade Agreements, Maureen Irish, Greg Kanagelidis, David R. Hamill, Cyndee Todgham Cherniak

Canada-United States Law Journal

No abstract provided.

Deans' Reception And Dinner, Daniel D. Ujczo, Robert Rawson

Canada-United States Law Journal

No abstract provided.

Emerging Legal Issues In The Great Lakes Such As The Public Trust Doctrine, Subterranean Rights And Municipal Regulatory Arrangements, Kendra Fogarty, David Brooks, Chris A. Shafer, David Ullrich

Canada-United States Law Journal

No abstract provided.

North American Trade - The Current Status Of North American Trade, Chios Carmody, M. Jean Anderson, Richard O. Cunningham, J. Michael Robinson

Canada-United States Law Journal

No abstract provided.

Great Lakes Emerging Legal Issues Regarding The International Boundary Waters Treaty And The Great Lakes Water Quality Agreement, Noah Hall, Murray Clamen, Lorne Thomas, David Naftzger

Canada-United States Law Journal

No abstract provided.

North American Economic Relationship From The Canada-United States Auto Pact To The Security And Prosperity Partnership: Public Perceptions And Economic Realities, Daniel Kolundzic, Birgit Matthiesen, Paul Storer, Nikita Nanos

Canada-United States Law Journal

No abstract provided.

Does Terrorism Constitute A Crime Under International Law And, If So, What Is Its Definition. Specifically Addressing The Argument That A Limited Definition Of Terrorism Has Emerged In Customary International Law That Provides For International Criminal Liability For Individual Non-State Actors., Avrum Jacobson

War Crimes Memoranda

No abstract provided.

Statutory Interpretation Regarding Joint Criminal Enterprise And Roots In Codes Of Superior Responsibility Doctrine. Does Article 3(1)(B) Of The Stl Statute Refer To The Joint Criminal Enterprise Doctrine (Jce) Or To Another Mode Of Liability? If This Provision Does Not Refer To Jce, What Was The Intent Of The Drafters Of The Statute Regarding The Meaning Of This Provision? What Support Is There For The Proposition That The Doctrine Of Superior Responsibility Is Rooted In National Criminal And Military Codes? Which Ones? Is It Possible To Find Concordant Law-Cases Issued Before February 14 2005 By National Courts From Different Legal Systems Which Establishes That Superior Responsibility As Set Out In Article 3 Of The Stl Statute Is Applicable To Terrorists Acts, Murder Or Other Crimes Within The Jurisdiction Of The Stl?, Jacqueline C. Greene

War Crimes Memoranda

No abstract provided.

The Use Of Sealed Indictments In International Law And The Issuance Of Sealed Indictments Ex Parte. Specifically Addressing The Case Law Of The International Tribunals As It Pertains To Sealed Indictments. Also, Whether It Is Legally Possible To Issue Sealed Indictments Ex Parte., Gregory L. Watkins

War Crimes Memoranda

No abstract provided.

What Is The Practice/Policy At The International Tribunals With Regard To Providing Witnesses Copies Of Their Statements? Do International Tribunals Have Blanket Policies, Or Is It On A Case-By-Case Basis (E.G., If The Witness Asks For It)? What Is The Practice In National Jurisdictions?, Yedga Sikod

War Crimes Memoranda

No abstract provided.

Concurrent Jurisdiction And Primacy. What Do The Concepts Of “Concurrent Jurisdiction” And “Primacy” Mean Concretely For The Stl And The Lebanese National Courts? ..., Helena Traner

War Crimes Memoranda

Concurrent Jurisdiction and Primacy. What do the concepts of “concurrent jurisdiction” and “primacy” mean concretely for the STL and the Lebanese national courts? What are the effects on the STL and Lebanese authorities of the deferral of the Hariri case

Appeal Based On Inadequate Representation, Ugochi Madubata

War Crimes Memoranda

No abstract provided.

Head Of State Immunity And Immunity Claims Against Witness Subpoena Requests. Specifically Addressing The Scope Of Head Of State And State Official Immunity, And Whether Claims Of Immunity May Successfully Prevent Witness Subpoena Requests At International And Hybrid Tribunals., Iskra Miralem

War Crimes Memoranda

No abstract provided.

Under What Conditions Would The Involvement Of A Judge In The Adoption Of A Piece Of Legislation Warrant His Recusal (Or Removal) From The Bench On Grounds Of Lack Of Impartiality Or Appearance Thereof?, Brandon J. Wheeler

War Crimes Memoranda

No abstract provided.

Potential Procedural Problems With Applying International Standards In Domestic Kenyan Courts, Kimberly M. Brown

War Crimes Memoranda

No abstract provided.

Employing E-Health: The Impact Of Electronic Health Records On The Workplace, Sharona Hoffman

Faculty Publications

Electronic Health Record (HER) systems may soon become a fixture in most medical settings. President Obama’s 29 stimulus legislation includes $19 billion to promote their implementation. The sophisticated features and efficiencies of HER systems have the potential to improve health outcomes and enhance patient welfare considerably. However, this emerging technology also poses significant challenges and risks, not the least of which are its workplace impacts. This article provides a first of its kind analysis of the ramifications of HER systems for workers and employers.

The potential effects of health information computerization on the workplace are numerous. Employers may obtain and …

Reborn: A Note From The Editors, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo

Societies Without Borders

In the Fall of 2009 Brill, confronted with budget challenges, chose to terminate its publication of Societies Without Borders: Human Rights and the Social Sciences. There were two ways to respond to this change: shop the journal to other publishers or look into a closer relationship with Sociologists Without Borders/ Sociólogos Sin Fronteras (SSF). The answer was clear almost immediately—we should look for a way for SSF to publish Societies Without Borders. This would free us from the tides of capitalism and allow SSF to push the boundaries of what it means to publish in academic journals.

The …

We Are The Ones We’Ve Been Waiting For: Human Rights And Us/U.S., David L. Brunsma

Societies Without Borders

Since 2002, SSF, internationally, has been at the forefront of an epistemological revolution within sociology. Specifically, SSF-US has had the difficult task of bringing the United States into a critical dialogue with other voices and perspectives – voices which are much more deeply rooted in human rights than most United Statesian sociologists. In this article, I outline eight ways to underscore the Hopi saying that, "we are the ones we've been waiting for": 1) remapping our cognitions away from individualism and capitalism; 2) socializing for humanity, not citizenry; 3) recognizing our common needs and common vulnerabilities; 4) creating new identities …

Violence And Collective Conflict Experiences, Carlos Gadea

Societies Without Borders

Emergent collective mobilizations, urban riots, and spontaneous concentrations seem to show that social conflicts and the violence that often accompanies them have different dimensions in the contemporary world. The present work analyzes the nexus between violence and collective conflict experiences. Taking into account discussions of violence, conflict, collective action and the “definition of a situation,” I assess the degree to which violence is an important ingredient in the construction of the social meaning of contemporary collective actions.

The Care, Custody, And Control Of Incarcerated Women In Ecuador, Jill Harrison, Maureen Norton-Hawk

Societies Without Borders

This paper presents findings on the custody, care and control of incarcerated women in Ecuador. Although the interrelationship of abuse, poverty, drugs and incarceration is often perceived as a U.S. phenomenon, this paper presents data on a group of structurally and institutionally vulnerable women who are serving mandatory sentences of 6 to 8 years for drug possession and trafficking. Our mixed methodology of survey data, personal interviews, and secondary source materials uncovers some disturbing human rights violations and documents the challenges these incarcerated women face as mothers and inmates.

Notes From The Field: The Sociology Of Conspiracy: A Cultural Commentary On Structural Adjustment, Muhammed Asadi

Societies Without Borders

„Conspiracy theory‟ as a convenient rhetorical rebuttal has been culturally constructed as quick refutation of otherwise distasteful, never mind factual ideas by the elite. All social interventions that seek structural adjustment, adjustments that have not yet been institutionalized and made „automatic‟, involve some form of conspiracy, a coor- dinated intervention for structure maintenance. In this essay I examine the anti- affirmative action „movement‟ in the U.S. that levels the charge of reverse discrimina- tion, to conclude that every extra institutional adjustment involves conspiracy and leads to unintended consequences which require further conspiratorial action by the elite. It is within such …

Book Review Of The Endgame Of Globalization, Tugrul Keskin

Societies Without Borders

No abstract provided.

Expressions Of Human Rights: You Live: A Poem Of Love, Rodney Coates

Societies Without Borders

No abstract provided.

Notes From The Field: The Criminalization Of Undocumented Migrants: Legalities And Realities, Tanya Golash-Boza

Societies Without Borders

Undocumented migrants are not criminals. Detention is not prison. Deportation is not punishment. These are truths in the legal system of the United States. However, undocumented migrants are treated like criminals; detainees feel as if they are in prison; and deportees experience their exclusion as punishment. This article examines the contradictions between legal arguments which indicate that immigration proceedings are not criminal proceedings and the experiences of deportees who often feel as if they were treated like criminals and that banishment from the country in which they have lived most of their lives is a cruel punishment.

Book Review Of Capitalist Networks And Social Power In Australia And New Zealand, Basak Ozaral

Societies Without Borders

No abstract provided.

The Contested Terrains Of Public Sociology: Theoretical And Practical Lessons From The Movement To Defend Public Housing In Pre- And Post-Katrina New Orleans, John Arena

Societies Without Borders

In this article I argue professional and policy sociology are antagonistic, rather than compatible with the theory and practice of a critical, organic, public sociology in de- fense of human rights and social justice. Drawing upon my graduate school experi- ence and relationship with New Orleans public housing movement, I show how prac- ticing public sociology in various terrains required unmasking and opposing the apo- litical pretenses of professional sociology and the agenda-setting of neoliberal govern- ment and corporate patrons of policy sociology. The current global economic crisis and assault on university budgets is strengthening the policy and professional sociolo- …

Book Review Of Democracy Works: Joining Theory And Action To Foster Global Change, Meredith Katz

Societies Without Borders

No abstract provided.

Designing Rights-Based School Feeding Programs, George Kent

Societies Without Borders

Rights-based school feeding programs could serve as a basis for experiential learning about rights, and through that means, improve both nutritional and educational out- comes. Rights-based school feeding programs would give students the means to act to ensure that specific standards are met. Rights are supposed to be enforceable claims to specific goods or services. There must be some sort of institutional authority to which rights-holders whose claims are not satisfied can appeal to have the situation correct- ed. Enforceability means that the duty bearers, those who are to fulfil rights/ entitlements, must be obligated to do so, and they …

Teaching And Speaking To Social Change: A Digital Storytelling Approach Addressing Access To Higher Education, Aline C. Gubrium, Timothy Scott

Societies Without Borders

In this article, we briefly review neoliberal economic rationales used to inform educa- tional reforms, juxtaposed with the function of public education as a public good. We then introduce a new participatory visual method grounded in a human rights educa- tion approach, digital storytelling. Digital storytelling can serve triple purposes: as a data collection technique used by social researchers to critically assess participants’ experiences as they are affected by education reforms, as a collaborative method for political organizing, and as a tactic for building awareness to address these reforms. We review a digital storytelling workshop as it was carried out …

Book Review Of Advocating Dignity: Human Rights Mobilizations In Global Politics, Delia Popescu

Societies Without Borders

No abstract provided.