Law Commons^™

State Criminal Laws Could Be A Light In The Dark For The Hidden Victims Of Forced Marriage, Rebekah Marcarelli

Journal of Civil Rights and Economic Development

(Excerpt)

“There’s something you need to know about me . . . I am dead,” said Fraidy Reiss, a survivor of an abusive forced marriage, as she stood alone on a stage, speaking to a crowd. “I know what you’re thinking, [I don’t] look particularly dead . . . you might want to tell that to my family [because] they declared me dead almost thirteen years ago.”

Reiss, who founded the organization Unchained at Last to help forced marriage victims like herself, grew up in an ultra-Orthodox Jewish community in Brooklyn. Right after finishing high school, Reiss was asked to …

Drawing The Line Between Talent And Desire 09-23-2022, Michelle Choate

Life of the Law School (1993- )

No abstract provided.

Criminalizing Terrorism Funding: "A Study In The Jordanian Legal System", Abdulellah Mohammed Alnawayseh

UAEU Law Journal

Terrorism Funds considered as modern issue which has been given an important attention by the international community in particular after the adoption of the international convention on the suppression of the financing of terrorism in 1999 and the security council resolution number 1373 dated 28 September 2001 which came after the 11^th September attacks. This resolution has forced the UN members to criminalize terrorism funds and money laundry.

Jordanhas ratified this convention by adopting legislation number 83 in 2003, and criminized bank activities which are related to terrorist activities in paragraph 2 article 147 from the criminal code. This …

Cyber And Tria: Expanding The Definition Of An "Act Of Terrorism" To Include Cyber Attacks, Nehal Patel

Duke Law & Technology Review

The 9/11 terrorist attacks brought on financial losses that caused insurers and Congress to reevaluate how the United States approaches terrorism risk coverage. Congress quelled concerns of insurers evading coverage of future terrorist attacks by enacting the Terrorism Risk Insurance Act in 2002. This Note considers the difficulties presented by the out-of-date language employed by Congress in 2002 and proposes amendments so that the Act more clearly covers acts of cyberterrorism, which are ever-growing in their destructive potential.

The Crime Of Contempt Of Religions In International And National Laws, Dr. Jamal Barafi, Dr. Alia Zakaria

UAEU Law Journal

The protection of the religious sanctities of the individual is not of lesser importance than the protection of his physical entity, because of the relation of these sanctities with his cultural and civilizational entity. There is no doubt that the constant increase of prejudice and abuse of these sanctities require the need to provide adequate legal protection for it. It is well known that the individual has the right, in principle, to choose freely his religious beliefs and practice it’s rituals, but this does not mean that this right is without restrictions and limitations.

Despite the numerous legal provisions that …

Law Library Blog (January 2021): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 12-2020, Barry Bridges, Michael M. Bowden, Nicole Dyszlewski, Louisa Fredey

Life of the Law School (1993- )

No abstract provided.

Improving Law Enforcement’S Victim-Centric Responses To Sexual Assault: Global Best Practice Catalog, Ayesha Ashraf, Sebastián Galleguillos Agurto, Frederick Geyer, Kamela Gjoka, Jasmine Hwang, Stanley Montinat, Jessica Moor, Pierre Reyes, Tara Ventimiglia, Hongda Xu

Publications and Research

This catalog was compiled as part of a U.S. State Department Diplomacy Lab Project entitled “Improving Law Enforcement’s Victim-Centric Responses to Sexual Assault,” in fall semester of 2019, for American Citizens Services, US Embassy Bangkok. It is intended to cover best practices in law enforcement response to sexual assault across the globe, including laws, policies and programs.Ten multilingual graduate students in the capstone seminar of the Master of Arts Degree Program in International Crime and Justice at John Jay College of Criminal Justice (CUNY) established criteria for inclusion and standardized elements for each entry in this catalog. The ultimate aim …

International Prison Standards And Transnational Criminal Justice, Dirk Van Zyl Smit

UC Irvine Journal of International, Transnational, and Comparative Law

Prison standards are an important element of transnational criminal

justice. This Article shows how legal standards governing prison conditions

emerged at the international and regional levels and considers how,

increasingly, they have gained legitimacy. It then describes how these

standards are applied in a way that contributes to a recognizable

transnational legal order in respect of prison conditions, which has real

impact at the national level. The Article pays close attention to the transfer

of prisoners between states, as a mechanism that operates transnationally

and, in the process, enhances the importance of international prison

standards. It concludes that the benefits …

Rwu Law News: The E-Newsletter Of Roger Williams University School Of Law January 2019, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …

Due Process Abroad, Nathan Chapman

Scholarly Works

Defining the scope of the Constitution’s application outside U.S. territory is more important than ever. This month the Supreme Court will hear oral argument about whether the Constitution applies when a U.S. officer shoots a Mexican child across the border. Meanwhile the federal courts are scrambling to evaluate the constitutionality of an Executive Order that, among other things, deprives immigrants of their right to reenter the United States. Yet the extraterritorial reach of the Due Process Clause — the broadest constitutional limit on the government’s authority to deprive persons of “life, liberty, and property” — remains obscure. Up to now, …

Raped Abroad: Extraterritorial Application Of Title Ix For American University Students Sexually Assaulted While Studying Abroad, Brittany K. Bull

Northwestern University Law Review

Female college students who study abroad are five times more likely to be raped than their counterparts who remain on their domestic campuses. Students raped or sexually assaulted on or around campuses in the United States can seek a remedy under Title IX, which provides administrative and judicial remedies. Very few federal cases have ever addressed whether Title IX applies extraterritorially to allegations of sex discrimination occurring abroad, and courts have reached different results in these cases. Moreover, no federal circuit has ever addressed the issue. This Note explores whether Title IX applies extraterritorially to students raped while studying abroad. …

Corporate Criminal Responsibility For Human Rights Violations: Jurisdiction And Reparations, Kenneth S. Gallant

Faculty Scholarship

No abstract provided.

Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper

Danielle Ireland-Piper

Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …

Non-State Armed Groups And The Role Of Transnational Criminal Law During Armed Conflict, Christopher L. Blakesley, Dan E. Stigall

Scholarly Works

With the ascendance of the terrorist group known as the Islamic State of Iraq and Syria (ISIS), the international community has struggled to adapt to the new international security context. Among the challenges that are currently being confronted are questions relating to how states may effectively facilitate international cooperation to counter ISIS (especially among countries in the Middle East and North Africa). Within this context, guidance from the United Nations on international cooperation posits that “[t]he universal counter-terrorism conventions and protocols do not apply in situations of armed conflict” – a legal position that would serve to stymie important cooperative …

Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann

University of Massachusetts Law Review

To squarely address this decisional quagmire, this article examines the binding effect of ICJ orders, entered pursuant to its compulsory jurisdiction, on American courts; earlier decisions of the Supreme Court penalizing foreign nationals for failing to timely raise individual treaty claims; the effect on treaty enforcement in domestic courts after the executive branch’s recent foreign policy decision to withdraw from compulsory ICJ jurisdiction; the current policy disputes dividing the United States and the ICJ; and, the national interest, or lack thereof, in treaty compliance. The article concludes that the government’s current claim that a “long standing presumption” exists to prevent …

Extraterritorial Criminal Jurisdiction Under The Antitrust Laws, Herbert J. Hovenkamp

All Faculty Scholarship

The Ninth Circuit may soon consider whether challenges to antitrust activity that occurs abroad must invariably be addressed under the rule of reason, which will make criminal prosecution difficult or impossible.

When antitrust cases involve foreign conduct, the courts customarily appraise its substantive antitrust significance only after deciding whether the Sherman Act reaches the activity. Nevertheless, "jurisdictional" and "substantive" inquiries are not wholly independent. Both reflect two sound propositions: that Congress did not intend American antitrust law to rule the entire commercial world and that Congress knew that domestic economic circumstances often differ from those abroad where mechanical application of …

International Money Laundering: The Need For Icc Investigative And Adjudicative Jurisdiction, Michael R. Anderson

Michael Anderson

Money laundering is one of the most pressing issues in the realm of international financial crimes. One of the biggest issues involved in international money laundering is the problem of adjudication. There is no international organization that currently hears these sorts of claims, forcing nations to adjudicate these crimes on their own, often without adequate resources to effectively investigate and enforce their money laundering statutes.

This article argues that, in order to more effectively prevent and adjudicate international money laundering offenses, the International Criminal Court should adopt an international money laundering statute designating these activities as a crime within the …

Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf

Faculty Publications

In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …

Disparate Protections For American Human Trafficking Victims , Amanda Peters

Cleveland State Law Review

The federal government places victims, for the purpose of receiving protections, into two categories: first, international victims and second, American citizens or permanent residents. If an international trafficking victim qualifies to receive services as a result of having been trafficked, the United States will provide refugeelike protections through the TVPA. These protections include housing, food, cash assistance, job training, counseling, medical care, legal assistance, and other services that are available for a period of several years. Victims who are Americans, on the other hand, must find protection elsewhere. The United States government specifically excludes its own trafficked citizens from receiving …

Enforcement Of Foreign Restraining Orders, Stefan D. Cassella

Stefan D Cassella

Legislation in the United States now permits the federal courts to register and enforce orders issued by foreign courts for the purpose of preserving assets that are subject to forfeiture under foreign law.

This article discusses the problems the United States encountered when it first attempted to enact and apply legisation designed to facilitate the enforcement of foreign asset-preservation orders, the remedial legislation enacted to address those problems, and the recent success the U.S. government has had under the new legislation in restraining assets at the request of foreign courts so that they may be forfeited under foreign law.

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

Painting Ourselves Into A Corner: The Fundamental Paradoxes Of Modern Warfare In Al Maqaleh V. Gates, Ashley C. Nikkel

Nevada Law Journal

No abstract provided.

American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan

Lucian E Dervan

In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …

Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin

American University Law Review

This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …

Revisiting Beccaria's Vision: The Enlightenment, America's Death Penalty, And The Abolition Movement, John Bessler

All Faculty Scholarship

In 1764, Cesare Beccaria, a 26-year-old Italian criminologist, penned On Crimes and Punishments. That treatise spoke out against torture and made the first comprehensive argument against state-sanctioned executions. As we near the 250th anniversary of its publication, law professor John Bessler provides a comprehensive review of the abolition movement from before Beccaria's time to the present. Bessler reviews Beccaria's substantial influence on Enlightenment thinkers and on America's Founding Fathers in particular. The Article also provides an extensive review of Eighth Amendment jurisprudence and then contrasts it with the trend in international law towards the death penalty's abolition. It then discusses …

International Law And Rehnquist-Era Reversals, Diane Marie Amann

Scholarly Works

In the last years of Chief Justice Rehnquist's tenure, the Supreme Court held that due process bars criminal prosecution of same-sex intimacy and that it is cruel and unusual to execute mentally retarded persons or juveniles. Each of the later decisions not only overruled precedents set earlier in Rehnquist's tenure, but also consulted international law as an aid to construing the U.S. Constitution. Analyzing that phenomenon, the article first discusses the underlying cases, then traces the role that international law played in Atkins, Lawrence, and Simmons. It next examines backlash to consultation, and demonstrates that critics tended to overlook the …

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.