Law Commons^™

When “Fear Of Persecution…” Requires Deportation: “Catch 22” False-Document Prosecutions After A Grant Of Asylum, Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Curse Of Ethnic Belonging: An Analysis Of Kenya’S 2007 Post-Elections Conflicts In The Light Of Democracy And Human Rights, Morris K. Mbondenyi

Morris K Mbondenyi

No abstract provided.

Improving The Substance And Content Of Civil And Political Rights Under The African Human Rights System, Morris K. Mbondenyi

Morris K Mbondenyi

No abstract provided.

Is Florida Still A State? The Implications Of The Abrogation Of The Adams-Deonis Treaty On Florida's Status Under International Law., William Pena Wells

william pena wells

The United States acquired the Spanish colonies of East and West Florida in 1819 by virtue of the Adams-deOnis Treaty. At the close of the Spanish American War of 1898, the United States and Spain signed a treaty which “abrogated” and "annulled” all prior treaties, including the Adams-deOnis Treaty. This article proposes that having handed over sovereignty of the Florida territory, the United States merely occupies the area as a colonial power, subject to the provisions of the United Nations Charter, which provides for territorial self-determination of colonial peoples.

Swimming Upstream: Pre-Release Detainees In The Face Of Rising Bonds, Craig R. Novak

Craig R. Novak

Investigating a persistent thread discussed among immigration law practitioners, this Article explores whether or not bond determination amounts are increasing beyond what most non-criminal immigrants can raise, and therefore they are effectively incarcerated. Concluding affirmatively that immigration judges are dramatically raising the amount of bonds, the Article explores the background of pre-release bonds and bail and the spirit and nature of them in both criminal and immigration law.

Yet, although a case is made that the bond determination amounts are against the spirit of pre-release, the question remains as to why, and under what policies are people, some of whom …

Explosive Road From Dublin: The Legal Flaws In The Convention To Ban Cluster Munitions And Recommendations For Their Cure., Alexandra R. Harrington

Alexandra R. Harrington

In a popular Irish folk song, the hero leaves his boyhood home in the Irish country

side and takes the “rocky road to Dublin” in order to sail to a new life in a new country. However hopeful the hero is throughout his journey, when he arrives at his destination he finds that it is not as hospitable as he had expected. Despite its light-hearted beat, this song is oddly prophetic for an analysis of the Convention to Ban Cluster Munitions.

In May, 2008, the Convention to Ban Cluster Munitions (“Cluster Munitions Convention”) was adopted by a group of one-hundred …

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Wto And The Anti-Corruption Movement, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

This article explores the role of the World Trade Organization (WTO) in promoting good governance while placing WTO within the larger framework of the ongoing global anti-corruption movement. Governmental policies aimed at fighting corruption are part of the good governance criteria set forth by the World Bank and other donor agencies. An important element of good governance is transparency, which has also been one of the pillars of the multilateral trading system. This article argues that from the perspective of the post-Cold War anti-corruption movement, the WTO is an important institution because it provides a comparatively successful forum for the …

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Human Rights And Globalization: Putting The Race To The Top In Perspective, Holning S. Lau

Faculty Publications

No abstract provided.

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Bridging The Gap Between Truth And Reconciliation: Restorative Justice And The Indian Residential School Truth And Reconciliation Commission, Jennifer Llewellyn

Articles, Book Chapters, & Popular Press

As suggested by the title Bridging the Gap between Truth and Reconciliation: Restorative Justice and the Indian Residential Schools Truth and Reconciliation Commission, this essay examines the potential gap between truth and reconciliation and suggests that the principles underlying restorative justice provide the necessary bridge. With respect to the goal of reconciling relationships, the author makes it clear that she is speaking of social relationships, not personal relationships. Restorative justice “is not about getting parties to hug and make up; rather, it strives to create the conditions of social relationships in which all parties might achieve meaningful, just, and peaceful …

Impact On Oregon's Budget Of Introducing Same-Sex Domestic Partnerships, M.V. Lee Badgett, R. Bradley Sears, Elizabeth Kukura, Holning S. Lau, The Williams Institute

Faculty Publications

No abstract provided.

Moving Forward: Recommendations On U.S. Hiv Immigration Policy (Haiti), Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

Hostile Public Accommodations Laws And The First Amendment, Daniel Koontz

Daniel Koontz

State and municipal Human Rights Commissions have recently begun aggressively interpreting public accommodations laws to punish the speech of proprietors of bars, restaurants, country clubs, and other public accommodations. The theory is that if a proprietor says something to a customer—or even displays artwork, decorations, or signs—that could potentially offend the customer based on race, religion, sex, or ancestry, the proprietor has created a “hostile environment” which denies the customer “full and equal enjoyment” of the public accommodation.

Proprietors can face liability even in the absence of allegations that they refused service to a customer. In one case, a human …

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

Michael A. Scaperlanda

No abstract provided.

Final Version: The Case For The Genetic Parent: Stanley, Quilloin, Caban, Lehr, And Michael H. Revisited, Anthony Miller

Anthony Miller

Does a genetic parent have right to exercise the fundamental rights which the United States Constitution affords parents? If a lesbian couple has a child with one woman donating the ova, which is artificially inseminated and implanted in the other woman, is the donor woman a mother under the Constitution? If sometime in the future a heterosexual couple has a child through the process if in vitro fertilization and through the use of an artificial womb, would the woman and man be the child’s mother and father for constitutional purposes? While the United States Supreme Court has recognized that parents …

Liars And Terrorists And Judges, Oh My: Moral Panic And The Symbolic Politics Of Appellate Review In Asylum Cases, Eric M. Fink

Eric M Fink

As part of the REAL ID Act, Congress amended the Immigration and Nationality Act to restrict judicial review of adverse credibility determinations by immigration judges. The change came in the wake of controversy of judicial reversals of adverse credibility determinations that the reviewing courts saw as inappropriately speculative and lacking in evidentiary support. Critics, including some appellate judges, have in turn alleged that the appellate courts have been insufficiently deferential to the factual determinations of Immigration Judges (IJs) and the BIA.

This paper examines the argument offered in support of limiting judicial review in this area, and provides an empirical …

Torture's Future, Aaron J. Shuler

Aaron J Shuler

No abstract provided.

"In All Things Love" Immigration, Policy-Making And The Development Of Preferential Options For The Poor, Michele R. Pistone, John J. Hoeffner

Michele R. Pistone

The invitation to write for this symposium stated that the preferential option for the poor “asks us to define what law and public policy would look like if consideration for the poor was at the heart of our conception of the common good.” Inquiries of this kind are useful and necessary—to a point. They also can become counter-productive. The issue of immigration, which we discuss here to illustrate our larger point about the general appropriateness of claiming that a specific policy prescription is demanded by the preferential option for the poor, presents the complications of the matter in particularly stark …