Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Immigration (2)
- Asylum (1)
- Austin (1)
- Bar (1)
- Bargain (1)
-
- Black (1)
- Book review (1)
- Burdens of proof (1)
- California (1)
- Carrboro (1)
- Categorical approach (1)
- Chapel Hill (1)
- Chicago (1)
- Children (1)
- Conviction (1)
- Court (1)
- Court system (1)
- Criminal (1)
- Dane County (1)
- Deportation (1)
- Detroit (1)
- Discrimination (1)
- Displacement (1)
- Domestic violence (1)
- Eugene (1)
- Evicted (1)
- Eviction (1)
- FHA (1)
- Fair housing act (1)
- Family (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Immigration Law's Missing Presumption, Fatma Marouf
Immigration Law's Missing Presumption, Fatma Marouf
Faculty Scholarship
The presumption of innocence is a foundational concept in criminal law but is completely missing from quasi-criminal immigration proceedings. This Article explores the relevance of a presumption of innocence to removal proceedings, arguing that immigration law has been designed and interpreted in ways that disrupt formulating any such presumption to facilitate deportation. The Article examines the meaning of “innocence” in the immigration context, revealing how historically racialized perceptions of guilt eroded the notion of innocence early on and connecting the missing presumption to persistent associations between people of color and guilt. By analyzing how a presumption of innocence is impeded …
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Persistent Inequalities, The Pandemic, And The Opportunity To Compete, Rachel F. Moran
Faculty Scholarship
Even before the recent coronavirus pandemic, race, ethnicity, and socioeconomic status played a powerful role in allocating opportunity—in the public schools and elsewhere. The pandemic laid bare the dimensions of this inequality with a new and alarming clarity. In this essay, I first focus on the landscape of educational inequity that existed before the coronavirus forced public schools to shut down. In particular, I explore patterns of racial and ethnic segregation in America’s schools and evaluate how those patterns relate to additional challenges based on socioeconomic isolation. In addition, I consider the role of language and immigration status in shaping …
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
A Particularly Serious Exception To The Categorical Approach, Fatma E. Marouf
Faculty Scholarship
A noncitizen who has been convicted of a “particularly serious crime” can be deported to a country where there is a greater than fifty percent chance of persecution or death. Yet, the Board of Immigration Appeals has not provided a clear test for determining what is a “particularly serious crime.” The current test, which combines an examination of the elements with a fact-specific inquiry, has led to arbitrary and unpredictable decisions about what types of offenses are “particularly serious.” This Article argues that the categorical approach for analyzing convictions should be applied to the particularly serious crime determination to promote …
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Evicted: The Socio-Legal Case For The Right To Housing, Lisa T. Alexander
Faculty Scholarship
Matthew Desmond's Evicted: Poverty and Profit in the American City is a triumphant work that provides the missing socio-legal data needed to prove why America should recognize housing as a human right. Desmond's masterful study of the effect of evictions on Milwaukee's urban poor in the wake of the 2008 U.S. housing crisis humanizes the evicted, and their landlords, through rich and detailed ethnographies. His intimate portrayals teach Evicted's readers about the agonizingly difficult choices that low-income, unsubsidized tenants must make in the private rental market. Evicted also reveals the contradictions between "law on the books" and "law-in-action." Its most …
Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Session 2: The U.S. Perspective, Peter K. Yu, Allan Adler, Duncan Crabtree-Ireland, Mickey Osterreicher, Michael Wolfe, Aurelia J. Schultz
Faculty Scholarship
This panel provides an overview of the current state of protection of moral rights in the United States, including discussion of the “patchwork” approach of federal and state laws, as well as judicial opinions.
The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu
The Anatomy Of The Human Rights Framework For Intellectual Property, Peter K. Yu
Faculty Scholarship
Since the U.N. Sub-Commission on the Promotion and Protection of Human Rights adopted Resolution 2000/7 on "Intellectual Property Rights and Human Rights" more than fifteen years ago, a growing volume of literature has been devoted to the debates on the human rights limits to intellectual property rights, intellectual property and human rights, and intellectual property as human rights. Commentators, myself included, have also called for the development of a human rights framework for intellectual property. Thus far, very few commentators have explored the place of patent rights in this framework. Very little research, if any, has also been devoted to …
The Growing Public Domain In Medicine, Saurabh Vishnubhakat
The Growing Public Domain In Medicine, Saurabh Vishnubhakat
Faculty Scholarship
This essay describes the growing public domain of inventions associated with drugs and medicine, and geographies associated with identifiable shifts in the balance of innovation that may be especially favorable for promoting wider access to socially useful technologies. To do so, it departs from the largely ex ante perspective that currently informs the intersectional debate regarding human rights and patent rights and, instead, looks backward to inquire what innovations from past patents have already become publicly available in service of the human rights objective of greater access to technology. Ex post analysis of this kind may help public and private …
Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu
Ten Common Questions About Intellectual Property And Human Rights, Peter K. Yu
Faculty Scholarship
With the continuous expansion of intellectual property rights, there is a growing need for the development of a human rights framework for intellectual property rights. Such a framework is not only socially beneficial, but will enable the development of a balanced intellectual property system that takes human rights obligations into consideration. Developing such a framework, however, is not easy and has raised many difficult questions. Some of these questions are foundational, some of them conceptual, and the remainder merely implementational.
This article tackles in turn ten questions the author has frequently encountered when he discusses the development of a human …
Reconceptualizing Intellectual Property Interests In A Human Rights Framework, Peter K. Yu
Reconceptualizing Intellectual Property Interests In A Human Rights Framework, Peter K. Yu
Faculty Scholarship
Since the establishment of the World Trade Organization and the entering into effect of the TRIPs Agreement, government officials, international bureaucrats, intergovernmental and nongovernmental organizations, courts, and scholars have focused more attention on the interplay of human rights and intellectual property rights. For example, the U.N. Sub-Commission on the Promotion and Protection of Human Rights recently noted the considerable tension and conflict between these two sets of rights. To avoid these conflicts, the Sub-Commission recommended the primacy of human rights obligations over economic policies and agreements.
While this hierarchy of rights appears straightforward, the situation is actually more complicated because …