Law Commons^™

The Consequences Today Of The United States' Brutal Post-9/11 Interrogation Techniques, Peter J. Honigsberg

Peter J Honigsberg

"I Still Live In Guantanamo!" Human Rights Abuses Continue After Detainees Leave Guantanamo, Peter Honigsberg

Peter J Honigsberg

In November 2014, the U.S. government transferred Yemeni national Hussein Al-marfadi, from the Guantanamo Bay, Cuba detention center to the nation of Slovakia. He had never been charged with a crime, and had been cleared for release nearly five years before his transfer to Slovakia. Three months later, in February 2015, the Witness to Guantanamo project (W2G) interviewed Al-marfadi in Zvolen, a town in central Slovakia. Although physically and psychologically scarred from his 12 years of detention, Al-marfadi was an engaging, even-tempered and thoughtful man.

However, when W2G asked Al-marfadi about his life today, his composure and even-tempered tone transformed …

The Curious Criminality Of Mass Atrocity: Diverse Actors, Multiple Truths, And Plural Responses, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Honigsberg

Peter J Honigsberg

Sunnat was placed in a cell among other detainees in the general prison population. He spoke neither Arabic nor English, the linguae francae of the prison and the only languages spoken by the detainees in neighboring cells. Consequently, for much of his time in Guantanamo, Sunnat talked to no one. He awoke each morning and cried. Sunnat could, of course, reach out and communicate through eye contact, hand signs and facial expressions. However, Sunnat never had meaningful conversations with his neighbors.

Absence of meaningful human contact is a characteristic of isolation and a source of suffering caused by isolation. Sunnat …

Women As Perpetrators: Agency And Authority In Genocidal Rwanda, Mark Drumbl, Nicole Hogg

Mark A. Drumbl

No abstract provided.

The Fundamental Nature Of Title Vii, Maria Ontiveros

Maria L. Ontiveros

This article explores the fundamental nature of Title VII and argues that Title VII is a statute designed to protect the right to own and use one's own labor free from discrimination in order to provide meaningful economic opportunity and participation. This conclusion is based upon three different types of analysis: the elements approach; the super statute approach and the human rights approach. The "elements approach" places Title VII in context and argues that it cannot be interpreted in isolation because it is only one element of the Civil Rights Act of 1964. The "super statute approach" argues that Title …

“Germans Are The Lords And Poles Are The Servants”: The Trial Of Arthur Greiser In Poland, 1946, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Process For The Dispossessed: Procedural Rights From Magna Carta To Modern International Law, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Re-Imagining Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Sexual Abuse Of Male Juveniles In Detention Centers By Female Correction Officers And Their Peers – A Myth?, Paul Cook

Paul Cook

This Comment both reveals the nature and dynamic of sexual abuse in the male juvenile detention centers and dispels common misconceptions we had of it. By comparing and contrasting the BJS male and juvenile incarceration data with previously projected statistics, This Comment subjected these sets of data through statistical formulas. From that, it has made several findings.1) Male juveniles appear to be more frequently abused when detained. 2) Staff are the primary perpetrators. 3) There are both overt and non-overt traits that correlate to higher rates of sexual abuse. 4) White male juveniles have a higher correlation to sexual abuse …

Reimagining Child Soldiers In International Law And Policy, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Facts About Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Exchange As A Cornerstone Of Families, Martha Ertman

Martha M. Ertman

This essay up-ends critical theorist Ivan Illich’s critique of economic thinking as replacing households defined by vernacular gender with married pairs in “inhumane” sex-neutral economic partnerships. It challenges Illich’s view of exchange as a destroyer that has meddled in families for only a few hundred years, citing sociobiological literature to counter his case against exchange with one valorizing two exchanges that I call “primal deals” that played crucial roles in the evolution of humans, families, and day-to-day life. These primal deals—especially the primal pair-bonding deal between men and women—continue to play a central role in families and family law today. …

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Reimagining Child Soldiers In International Law And Policy, Mark Drumbl

Mark A. Drumbl

Book Reviews

Leena Grover, 24 European J. of Int'l L. 549 (2013) (reviewing Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012)). Available here.

Lingling Zhu and Huan Lu, 11 Chinese J. Intl. L. 823 (2012) (reviewing Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012)). Available here.

Lewis Brooks, Thing Africa Press (Nov. 23, 2012 5:09 PM), http://thinkafricapress.com/ (reviewing Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012)). Available here.

Rick Wilson, Lawfare: Hard National Security Choices ( Sept. 20, 2012 11:08 AM), http://www.lawfareblog.com/ (reviewing Mark Drumbl, Reimagining Child Soldiers …

Child Soldiers, Transitional Justice, And The Architecture Of Post Bellum Settlements, Mark Drumbl

Mark A. Drumbl

No abstract provided.

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

The Crime Of Genocide, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Reimagining Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach

Daniel Kanstroom

No abstract provided.

An Excuse-Centered Approach To Transitional Justice, David Gray

David C. Gray

Transitional justice asks what successor regimes, committed to human rights and the rule of law, can and should do to seek justice for atrocities perpetrated by and under their predecessors. The normal instinct is to prosecute criminally everyone implicated in past wrongs; but practical conditions in transitions make this impossible. As a result, most transitions pursue hybrid approaches, featuring prosecutions of those most responsible, amnesties, truth commissions, and reparations. This approach is often condemned as a compromise against justice. This article advances a transitional jurisprudence that justifies the hybrid approach by taking normative account of the unique conditions that define …

Law School Legends On Audio Cd: Immigration Law, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.

Reparations: A Remedies Law Perspective, Darren Hutchinson

Darren L Hutchinson

This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …

Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg

Peter J Honigsberg

In 1944, in Korematsu v. United States, the Supreme Court made a major error in judgment. It ruled that the executive may forcibly remove over 110,000 Japanese Americans from their homes and relocate them in American detention camps. In two recent Supreme Court cases, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the court made similar errors in judgment by accepting the administration's term "enemy combatant." The Supreme Court's errors were compounded when Congress passed the Military Commissions Act of 2006 in October, 2006, statutorily defining the term enemy combatant for the first time. By acknowledging the term enemy combatant, the …

Rules Are Made To Be Broken: How The Process Of Expedited Removal Fails Asylum Seekers, Michele Pistone, John Hoeffner

Michele R. Pistone

Immigration inspectors are authorized to deport persons who arrive at U.S. ports without valid travel documents. This process, which usually occurs within 48 hours and does not allow for judicial review, is called expedited removal. This article begins by summarizing the findings of the few studies allowed access to the process. The authors extrapolate from the studies to demonstrate that thousands of genuine asylum seekers have erroneously been deported via expedited removal. The greatest cause of erroneous deportation is a failure by the agency responsible for the process, Customs and Border Protection (CBP), to follow its own rules. The heart …

Integrating Trade And Human Rights In The Americas, Frank Garcia

Frank J. Garcia

This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …

The (Al)Lure Of The Genocide Trial: Justice, Reconciliation, And Reconstruction In Rwanda, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Protecting The Human Rights Principle In A Globalizing Economy, Frank Garcia

Frank J. Garcia

No abstract provided.

Civil, Constitutional And Criminal Justice Responses To Female Partner Abuse: Proposals For Reform, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Polishing The Tarnished Golden Door, Michael Scaperlanda

Michael A. Scaperlanda

No abstract provided.