Law Commons^™

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Exploration Into The Foreign Policy Impact Of Recent Immigration Laws, Luke Larson

Luke Larson

No abstract provided.

Immigration Detention & Human Rights In The Lone Star State, Liane N. Noble

Liane N Noble

Every year, almost 400,000 individuals are held in immigration detention in the United States. These individuals—men, women, and even children—are held in a patchwork of federal, local, and private contract facilities. Surprisingly, one-third of all U.S. immigration detention beds are located in the state of Texas. Given the concentration of detention space in Texas and thus the unique issues facing that state, this report seeks to elucidate the key human rights issues surrounding immigration detention with a focus on the situation in Texas.

The information contained in this report was gathered using a variety of research methods, including: (1) review …

Preserving The Seed: Why Parents Should Have A Say In Whether Their Mentally Handicapped Child Should Be Sterelized, Rebecca Lenz Mrs.

Rebecca Lenz Mrs.

This article addresses the history of the eugenics movement, the current status of sterilization laws and the rights of parents to choose to sterilize their mentally handicapped child. Recently, North Carolina lawmakers have been pondering a way to compensate victims of unwanted sterilization that occurred in the early twentieth century. During the eugenics movement, many poor, uneducated women were sterilized against their will after being deemed feebleminded or mentally incompetent. Unfortunately, most of the victims were competent women and girls who were unable to fight for their right to reproduce. As a result, North Carolina lawmakers are trying to rectify …

Holding Corporations To Account. Crafting Ats Suits In The Uk?, Simon J. Baughen

Simon J Baughen

The traditional province of international law is in the regulation of relations between States. However, with the tribunals at Nuremberg and Tokyo established at the end of the second world war, for the first time it became possible for individuals to incur criminal liability in respect of violation of a core of norms of customary international law, such as the prohibitions on war crimes and crimes against humanity. This process has continued with the UN’s establishment in the 1993 and 1994 of the International Criminal Tribunal for the former Yugoslavia (‘ICTY’) and the International Criminal Tribunal for Rwanda (‘ICTR’) respectively, …

The First Amendment In The Multicultural Climate Of Colleges And Universities: A Story Ending With Christian Legal Society V. Martinez, Blake M. Lawrence

Blake M Lawrence

This article argues that the “limited public forum” analysis used by the United States Supreme Court in Christian Legal Society v. Martinez correctly addresses the competing concerns of students and university administration when approaching free speech and association on college and university campuses. It extensively analyzes the creation of the “limited public forum” analysis, explains why that particular analysis is ill-equipped for limiting high-school speech, and comprehensively addresses the Christian Legal Society v. Martinez opinion. Further, weaknesses in the dicta of Christian Legal Society v. Martinez are analyzed and points made by dissenting Justices are critiqued.

The Invisible Man: How The Sex Offender Registry Results In Social Death, Elizabeth B. Megale

Elizabeth B. Megale

This Article establishes that overcriminalization serves to marginalize unwanted groups of society, and particularly regarding the sex offender registry, it results in social death. The author relies upon the notion of crime as a social construct to establish that the concept of “sex offense” changes over time as society and culture evolve. From there, the author incorporates the work of Michele Foucault involving the relationship of power, knowledge, and sexuality to show how the trend toward more repressive social controls over sex-related activity is related to a shift in this relationship. The Author identifies three characteristics and the associated traits …

The War On Medical Terror: Holding Medical Professionals At Guantanamo Civilly Liable For Violating The International Law Norm Prohibiting Nonconsensual Human Experimentation, Arin M. Brenner

Arin M Brenner

This article examines the use of the Alien Tort Statue to hold medical professionals, both contract and government employees, at Guantanamo civilly liable for conducting nonconsensual human experimentation on detainees in creating and justifying the "enhanced interrogation techniques" program.

The International Human Right To Safe And Humane Treatment During Pregnancy And A Theory For Its Application In U.S. Courts, Hilary Hammell

Hilary Hammell

Under international human rights law, every woman has the right to safe and humane treatment during pregnancy, labor, and childbirth. This article examines the content of that human right as it exists under international law, and suggests one theory –international customary law – for its application in U.S. court cases challenging the treatment of pregnant women in custody. Using Juana Villegas v. Metropolitan Government of Davidson County as a case study, this article argues that international law should be used as binding law, not just as a tool for Eighth Amendment interpretation, and is especially relevant when non-citizen pregnant women …

Online Investigations And The Americans With Disabilities Act: The Resurgence Of Overbroad And Ineffectual Mental Health Inquiries In Character And Fitness Evaluations, Bernice M. Bird

Bernice M. Bird

Nationally, state board bar examiners’ interest to inquire into mental health has been a hotly contested issue invoking the Americans with Disabilities Act (ADA) for the last two decades. After the enactment of the ADA in 1990 a floodgate of litigation resulted in a litany of publications, all surrounding the issue of whether mental health based inquiries into character and fitness violated the ADA. Consequently, narrowly tailored mental health inquiries into specific disorders emerged as the trend in a majority of jurisdictions. This comment analyzes whether fitness boards' mental health inquiries among social networking profiles may cause the resurgence of …

“The End Of The Beginning?” A Comprehensive Look At The U.N.’S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson

Jena Martin Amerson

Abstract With the endorsement of Special Representative John Ruggie’s Guiding Principles regarding the issue of business and human rights, an important chapter of this subject has come to a close. Beginning with the then U.N. Secretary General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. …

The Dream Act And The Right To Equal Educational Opportunity: An Analysis Of, Ashley Feasley

Ashley Feasley

Under the current U.S. immigration laws, undocumented children face deportation and are frequently denied access to higher education. The 2011 Development, Relief, and Education for Alien Minors (“DREAM”) Act would provide conditional permanent residency to certain illegal alien applicants who graduate from U.S. high schools, are of good moral character, arrived in the U.S. illegally as minors, and have been residing in the U.S. continuously for at least five years prior to the bill's enactment. The DREAM Act proposes touches on a variety of human rights issues, including the right to education and the right to be free from discrimination. …

Road To Nowhere? The Future Of A Declaration On Fundamental Standards Of Humanity, Emily J. Crawford

Emily J Crawford

In the years following the adoption of the Additional Protocols to the Geneva Conventions in 1977, debate began to emerge regarding the extant lacunae in the international rules relating to situations of conflict. It was felt, by some academic writers and practitioners, that there remained a gap in international humanitarian law (IHL) and international human rights law with regards to what was being termed ‘grey-zone conflicts’ – armed conflicts that did not meet the minimum requirements of either Protocol II or Common Article 3, yet were more than just one-off incidents, such as a riot. Therefore, it was proposed that …

The Ballot As A Bulwark: The Impact Of Felony Disenfranchisement On Recidivism, Guy P. Hamilton-Smith, Matt Vogel

Guy P Hamilton-Smith

Felony disenfranchisement – the exclusion of individuals convicted of felonies from the voting rolls – is a practice that is commonplace in the United States. In 2010, approximately 5.3 million Americans were ineligible to vote because of a prior felony conviction. Despite the fact that the justifications for disenfranchisement in a democratic society could be characterized as dubious, disenfranchisement has withstood various legal challenges and remains a widespread practice in almost every state. One argument which has never been examined empirically is the notion that disenfranchisement hampers efforts to rehabilitate offenders, which is what this article does. First, this article …

Missouri's Ring Tone: Jury Sentencing Rights In Death Penalty Cases, Jacqueline M. Whipple

Jacqueline M. Whipple

This Law Summary concerns recent developments in criminal law and the death penalty. It includes the national and state-specific legal background behind criminal defendants' rights regarding jury sentencing, and the latest interpretation and application of the U.S. Supreme Court's holding in Ring v. Arizona by the Missouri Supreme Court.

It Ain’T Necessarily So: The Misuse Of “Human Nature” In Law And Social Policy And The Bankruptcy Of The “Nature-Nuture” Debate, Justin Schwartz

Justin Schwartz

Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing this conception, they think it would prevent changes they deem desirable. Both views rest on deep errors about what it is to have a nature …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity George P. Smith, II Matthew Saunig Abstract: Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk. This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …

Re-Conceptualizing The Law Of Nuisance Through A Theory Of Economic Captivity, George P. Smith

George P Smith

Re-conceptualizing the Law of Nuisance through a Theory of Economic Captivity

George P. Smith, II

Matthew Saunig

Abstract:

Generally, the fact that a plaintiff comes to a nuisance is not a per se defense to a nuisance action. This defense is viewed in many jurisdictions as but a factor in determining whether a defendant’s conduct is an unreasonable interference with use and enjoyment of a neighbor’s property. In principle, two other affirmative defenses are—although not often allowed in practice by the courts—found in contributory negligence and assumption of the risk.

This Article seeks to develop a theory of economic captivity …