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Articles 1 - 30 of 383
Full-Text Articles in Law
Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution
Us-Mexico Relations: Addressing Challenges At The Border, The Brookings Institution
Brookings Mountain West Special Events
Mexico’s president-elect Claudia Sheinbaum will begin her six-year term in October as the U.S. presidential campaign enters its final stretch. How the next U.S. administration and Congress manage relations with new leadership in Mexico will affect border security, immigration policies, trade and energy relations, and counter-narcotics and anti-crime cooperation. What tools can policymakers in both countries use to advance positive outcomes? What are the opportunities and challenges that lie ahead for the United States and Mexico?
The Brookings Foreign Policy program in partnership with Brookings Mountain West at UNLV hosted a discussion on the state of U.S.-Mexico relations. Panelists analyzed …
Education And Empowerment: The Role Of Cash Transfers In Challenging Barriers To Female Schooling In Mexico And Malawi, Kaelynn R. Mcclure
Education And Empowerment: The Role Of Cash Transfers In Challenging Barriers To Female Schooling In Mexico And Malawi, Kaelynn R. Mcclure
Lux et Fides: A Journal for Undergraduate Christian Scholars
Despite the wide body of research that supports the benefits of education in reducing poverty and empowering individuals, women around the world continue to face significant barriers to schooling. This paper examines key social norms and aspects of poverty hindering the path to education for girls and women, proposing the use of cash transfers to promote education worldwide. Case studies of two different cash transfer programs, PROGRESA in Mexico and SCTP in Malawi, are evaluated in terms of their effectiveness in providing opportunities for schooling and promoting women's empowerment.
Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales
Impacting Queer Trans-Migrations In Mexico: A Case Study Of Civil Society Organization Casa Frida Refugio Lgbt+, Leticia Morales
Master's Theses
Mexico has historically been known as an emigration or transit country. In this context, civil society organizations have played pivotal roles in addressing the voids in support for migrants. Among these organizations, Casa Frida Refugio LGBT stands out as a significant service provider, specifically for LGBT+ migrants. This study engages in a qualitative case study analysis of the organization Casa Frida, drawing from interviews conducted with nine LGBTQ+ migrants and refugees, personal observations, and Casa Frida’s website and social media accounts. The research seeks to answer two central questions: Firstly, what role does an LGBT+ specific service provider like Casa …
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
Exploring The Factors That Influence Female Offending In The U.S. And Mexico, Dana Villasenor
CMC Senior Theses
Hollywood has painted a picture of the criminal woman as a sexy, sneaky, and often psychotic female fatale. This is because men run Hollywood. Much like movies, research on why women offend had historically focused on men as their stellar. However, towards the turn of the century and with the disproportionate rise in female incarceration, literature caught up to the fact that women and men do not experience the same socialization, standards, or reality and, therefore, have different reasons for and ways of offending. This research explores those reasons for women in the U.S. and Mexico and paints the picture …
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera
Assessing The Sustainable Development Dimensions Of Environmental Public Policies For Protected Natural Areas In Mexico: A 1970-2018 Perspective, Cielo María Ávila López, José Israel Herrera
Journal of Maya Heritage
Abstract: This abstract discusses the challenges and issues related to the implementation of Environmental Public Policies (EPP) for Protected Natural Areas (PNA) in Mexico from 1970 to 2018. EPPs aim to achieve sustainable development by balancing economic, environmental, and social dimensions while reconciling conservation and the use of natural resources with restrictions on their use and economic compensation to communities. However, the results of this study reveal that the establishment of PNA has been unilateral and without consensus, leading to limitations on communities' use of the environment without granting them economic compensation or productive alternatives. This has resulted in conflicts …
Effective Shareholder Engagement To Address The Food Sector’S Sdg-Related Impacts In Mexico, Nora Mardirossian
Effective Shareholder Engagement To Address The Food Sector’S Sdg-Related Impacts In Mexico, Nora Mardirossian
Columbia Center on Sustainable Investment
While investor engagement on environmental and social issues have grown in recent years, they remain limited in Mexico and other emerging markets.
Investors have an opportunity to do more to help address critical SDG-related issues in these contexts through their active ownership efforts. By doing so, they can be more responsible in ensuring respect for human rights, protecting shared systems, and supporting their long-term financial interests. Importantly, they can also ensure they comply with – and support their portfolio companies in complying with – emerging legal frameworks requiring reporting and due diligence on the impacts of their global value chains. …
Expanding The Orbit Of Maya Culture: Creating A Non-Profit In The United States, Apollo Liu, Callie Passwater, Skyler Steckler, Ryan Rowberry
Expanding The Orbit Of Maya Culture: Creating A Non-Profit In The United States, Apollo Liu, Callie Passwater, Skyler Steckler, Ryan Rowberry
Journal of Maya Heritage
Archaeologists Without Borders of the Maya World (AWBMW) is a Mexican non-profit organization focused on promoting and preserving Mayan history, particularly archaeological sites and tangible culture. To assist its mission, AWBMW wants to be able to solicit donations from U.S. entities to assist in spreading awareness of Maya culture worldwide. Using the U.S. tax code and laws from state of Georgia, this article outlines the legal steps and strategies a foreign non-profit organization must consider when desiring to start a non-profit organization in the United States. Strategies on opening a U.S. branch of an existing foreign non-profit, linking a new …
The U.S. Government Taking Under Eminent Domain: When Just Compensation Is Unjust (Comment), Michael Perez
The U.S. Government Taking Under Eminent Domain: When Just Compensation Is Unjust (Comment), Michael Perez
The Scholar: St. Mary's Law Review on Race and Social Justice
The true effects of private takings do not occur in a vacuum and are not solely academic in nature. The consequence of losing property implicates loss of income, loss of value in residual property, and loss of familial land. The importance of protecting the rights of individual land-owners becomes increasingly apparent when analyzing the effect of the taking.
This comment will explore how the government’s taking of private property occurs—including how the government has loosened restrictions and procedural hurdles. The analysis will focus specifically on processes, policies, and statutes, created and used by the federal government to facilitate takings necessary …
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
Is There Force In Force Majeure After Covid-19 Or In The Freedom To Negotiate Risk?, Sara Lazarevic
University of Miami Inter-American Law Review
This note explores the impact COVID–19 has had on contracting parties who have attempted to implicate force majeure provisions. An inquiry of recent cases reveals varying degrees of success and tension when parties turn towards force majeure text. This Note analyzes common law alternatives, discusses the implication of force majeure clauses as applied under Mexican and American law, highlights the implications that have played out in recent court decisions, and discusses post–pandemic implications that could affect how parties conduct cross–border transactions in the future.
Gender Violence As A Penalty Of Poverty, Deborah M. Weissman
Gender Violence As A Penalty Of Poverty, Deborah M. Weissman
University of Miami Inter-American Law Review
The matter of gender violence, including intimate partner violence (IPV), has long been categorized as a particularly egregious crime. The consequences of IPV are profound and affect all members of the household, family members near and far, and the communities where they live. Gender violence impacts the national economy. Costs accrue to workplaces, health care institutions, and encumber local and state coffers. Survivors are deprived of income, property, and economic stability: conditions that often endure beyond periods of physical injuries. Offenders also experience economic hardship as a result of involvement with the legal system. They often face significant obstacles when …
The Mexican Civil Code Of 1928 And The Social Function Of Property In Mexico And Latin America, M.C. Mirow
The Mexican Civil Code Of 1928 And The Social Function Of Property In Mexico And Latin America, M.C. Mirow
Emory International Law Review
No abstract provided.
Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law
Changemakers: From The Classroom To The Courtroom: Miguel Garcia, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
San Diego International Law Journal
Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/feminicide. Given this new trend to address the …
Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate
Law School News: From Classroom To Courtroom 11-10-2022, Michelle Choate
Life of the Law School (1993- )
No abstract provided.
Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet
Technology In The Security Sector: Mexico, Vanessa J. Gutierrez, Melina Ponte, Angiee Rosario, Arleen Castillo, Henry Saldarriaga, Hector Tejeda, Stephanie Reich, Rosemary Barberet
Publications and Research
The use of technology in policing seeks to improve the efficiency and effectiveness of the daily duties police officers may encounter. However, there is mixed empirical data on the use of technology and if it is really contributing to the institutional goals of the security sector, or, if it is contributing to other factors. This report provides an exploratory approach to understanding what information technology is being used in Mexico at the state level, in order to compare where broader application of information technology could make impactful contributions to the security situation in the country.
With a focus on six …
Star–Crossed Copyrights: The Story Of How Mexico Defied Civil Law Traditions By Infusing Common Law Ideologies Into Its Audiovisual And Motion Picture Copyright Regulations, Camila Chediak
University of Miami Inter-American Law Review
This Note was inspired by the out–of–the–ordinary, yet practical approach that Mexico chose to implement when it waived certain longstanding copyright moral rights principles in favor of the U.S. common law work–made–for–hire approach for its audiovisual and motion picture regulations. Since the inception of its copyright law, Mexico has strictly adhered to the civil law ideologies that are generally standard to civil law countries, particularly in its loyalty to the original creators of creative works through the moral rights doctrine. The United States, on the other hand, favors utilitarian ideologies that emphasize the societal importance of fostering innovation through the …
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
The Migrant Protection Protocols: Two Administrations, One Outcome, Alexandria Doty
Immigration and Human Rights Law Review
Immigrants have long seen the southern border of the United States as the last stop before they are able to enter the land of the free. The Department of Homeland Security, however, strives to make the southern border as inhospitable as possible to those hoping to cross. The Migrant Protect Protocols is the latest attempt from Washington to block access to the United States to immigrants who are detained by forcibly returning them to Mexico to await their deportation proceedings. While Americans have read stories of families being torn apart at the border or listened to interviews of politicians promising …
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Taking Arlington To New Heights: The Carrillo-Lopez Decision, Caroline Henneman
Immigration and Human Rights Law Review
Former President Trump campaigned on a promise to build a wall between the United States and Mexico. Though President Trump did not fulfill this promise, he highlighted the amount of unchecked power his administration had over immigration law through policy enactments. Throughout the centuries, various Presidents and sessions of Congress utilized this unbridled power to discriminate against migrants on the basis of race. In 1952, Congress enacted the Immigration and Nationality Act, which repealed several explicitly racist requirements but overlooked other racially charged laws from prior statutes, such as criminally punishing unlawful re-entry found in 8 U.S.C. §1326. On August …
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Same As It Ever Was : The Tijuana River Sewage Crisis, Non-State Actors, And The State, James M. Cooper
Faculty Scholarship
Sewage—a scary mixture of human waste and industrial toxins—flows into the Tijuana River Valley, an environmentally sensitive watershed that straddles the United Mexican States ("Mexico") and the United States of America. Treatment plants, a deteriorating one in Punta Bandera with limited capacity south of the border, and another in San Diego County completed in 1997, are inadequate to process the volume of sewage. So much sewage made its way into the Tijuana River that CBS 60 Minutes broadcast a special report on the binational environmental disaster in 2020.
Border factories and a population spike contribute to the sewage. Maquiladoras, …
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Hernández V. Mesa: A Case For A More Meaningful Partnership With The Inter-American Commission On Human Rights, Peyton Jacobsen
Seattle University Law Review
Through an in-depth examination of Hernández, the Inter-American Human Rights System, and the success of Mexico’s partnership with said system, this Note will make a case for embracing human rights bodies— specifically, the Inter-American System on Human Rights—as an appropriate and necessary check on the structures that form the United States government. Part I will look closely at the reasoning and judicially created doctrine that guided the decision in Hernández, with the goal of providing a better understanding of the complicated path through the courts that led to a seemingly straightforward yet unsatisfying result. Part II will illustrate the scope …
Ley Olimpia: Examining Policymaking Around Digital Violence, Andrea Alejandra Capella-Castro
Ley Olimpia: Examining Policymaking Around Digital Violence, Andrea Alejandra Capella-Castro
Undergraduate Honors Theses
The topic of this thesis is policymaking and regulations around digital gender violence. This work intends to examine what methods effectively regulate and eradicate Online-Gender Based Violence (OGBV), a new type of Gender-Based Violence (GBV). Effective policymaking for the digital space has a significant impact on our society and especially on women as they remain the most objectified, attacked, and harassed on social media platforms. Therefore, social media needs an effective policy to address digital gender violence. Furthermore, the topic is relevant because policymaking around digital gender violence will advance the feminist movement’s fight and protect women and social media …
The Power Of Being Present: Lessons From Diplomacy In Latin America And The Caribbean For The Private Sector, Kimberly Breier, Daniel Korn
The Power Of Being Present: Lessons From Diplomacy In Latin America And The Caribbean For The Private Sector, Kimberly Breier, Daniel Korn
University of Miami Inter-American Law Review
Successful modern diplomacy and private sector engagements require being physically present. Based on the experience of the authors in diplomacy and corporate government affairs, this article argues that the trust that forms the basis of effective diplomacy and corporate engagement with the communities in which they operate is established best through direct physical interaction. With examples from Latin America and the Caribbean, the article explores how both diplomacy and corporate government affairs have evolved into a model of being present that emphasizes seeking to empower local populations. The article delves into how and why the United States carries out its …
Documenting Human Rights Violations: An Analysis Of Press Reporting On The Mexican Disappearance Crisis, Maria Terra, Yolanda Burckhardt
Documenting Human Rights Violations: An Analysis Of Press Reporting On The Mexican Disappearance Crisis, Maria Terra, Yolanda Burckhardt
Biennial Conference: The Social Practice of Human Rights
The global pandemic has transformed many structures, including the way in which human rights academics and practitioners carry out their work. This project is an example of human rights research using methods that can be applied remotely from any part of the world, and even replicated in other contexts or experiences.
The initiative is one of the projects from the Observatory on Disappearances and Impunity in Mexico led by Barbara Frey (University of Minnesota), Leigh Payne (Oxford University), and Karina Ansolabehere (UNAM-México), focused on the enforced disappearances crisis occurring in Mexico. The work included an extensive database created by coding …
Deep In The Heart Of North America: Texas And The Future Of North American Energy Trade, Guillermo J. Garcia Sanchez, James W. Coleman
Deep In The Heart Of North America: Texas And The Future Of North American Energy Trade, Guillermo J. Garcia Sanchez, James W. Coleman
Mission Foods Texas-Mexico Center Research
Texas, the heart of North American energy markets, has recently emerged from history’s biggest oil boom, and is becoming the crossroads for an increasingly two-way trade in oil and gas. Texas and Mexico, in particular have much to gain from expanded energy trade. This report shows how energy law changes in the U.S. and Mexico present under-studied dangers to cross-border energy trade and will set an agenda for legal reform to enable mutually beneficial fuel and power trade.
Binational Reflections On Pathways To Groundwater Security In The Mexico-United States Borderlands, Rosario Sanchez, Jose Agustin Brena-Naranjo, Alfonso Rivera, Randall T. Hanson, Antonio Hernandez-Espriu, Rick J. Hogeboom, Anita Milman, Jude A. Benavides, Adrian Pedrozo-Acuna, Julio Cesar Soriano-Monzalvo, Sharon B. Megdal, Gabriel Eckstein, Laura Rodriguez
Binational Reflections On Pathways To Groundwater Security In The Mexico-United States Borderlands, Rosario Sanchez, Jose Agustin Brena-Naranjo, Alfonso Rivera, Randall T. Hanson, Antonio Hernandez-Espriu, Rick J. Hogeboom, Anita Milman, Jude A. Benavides, Adrian Pedrozo-Acuna, Julio Cesar Soriano-Monzalvo, Sharon B. Megdal, Gabriel Eckstein, Laura Rodriguez
Faculty Scholarship
Shared groundwater resources between Mexico and the United States are facing unprecedented stressors. We reflect on how to improve water security for groundwater systems in the border region. Our reflection begins with the state of groundwater knowledge, and the challenges groundwater resources face from a physical, societal and institutional perspective. We conclude that the extent of ongoing cooperation frameworks, joint and remaining research efforts, from which alternative strategies can emerge, still need to be developed. The way forward offers a variety of cooperation models as the future offers rather complex, shared and multidisciplinary water challenges to the Mexico–US borderlands.
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
Maternity Rights: A Comparative View Of Mexico And The United States, Roberto Rosas
The Scholar: St. Mary's Law Review on Race and Social Justice
Women play a large role in the workplace and require additional protection during pregnancy, childbirth, and while raising children. This article compares how Mexico and the United States have approached the issue of maternity rights and benefits. First, Mexico provides eighty-four days of paid leave to mothers, while the United States provides unpaid leave for up to twelve weeks. Second, Mexico allows two thirty-minute breaks a day for breastfeeding, while the United States allows a reasonable amount of time per day to breastfeed. Third, Mexico provides childcare to most federal employees, while the United States provides daycares to a small …
Nopal En La Frente: Racial Passing And The Hidden Indigeneity Of The Los Altos Region Of Jalisco, 1720-1950, Brandon Manuel Márquez
Nopal En La Frente: Racial Passing And The Hidden Indigeneity Of The Los Altos Region Of Jalisco, 1720-1950, Brandon Manuel Márquez
History
When people look at Los Altos de Jalisco, they typically think of this area as representing a pocket of European ancestry in a mestizaje state. Yet this ignores one huge aspect of this region: its indigenous history. Throughout the last three hundred years, the Los Altos region of Jalisco has allowed for the racial passing of many different families. This is all the more significant because many of its citizens have what many believe to be European features- mainly being light hair, light skin, and colored eyes. Because of these perceived European features, many of the Alteños believe that they …
Institutionalization And Torture Of People With Disabilities In Mexico: A Case For Holding States Responsible For Crimes Against Humanity, Priscila Rodriquez
Institutionalization And Torture Of People With Disabilities In Mexico: A Case For Holding States Responsible For Crimes Against Humanity, Priscila Rodriquez
Human Rights Brief
No abstract provided.
Forget Bit: The Impact Of Rta On Fdi And Economic Growth – A Comparison Of Brazil And Mexico, Rosa Meguerian-Faria
Forget Bit: The Impact Of Rta On Fdi And Economic Growth – A Comparison Of Brazil And Mexico, Rosa Meguerian-Faria
Northwestern Journal of International Law & Business
This article explores the relationship between international trade law, foreign direct investment (FDI), and economic growth of developing countries. Here, I argue that a developing state needs to capture the right combination of the different types of FDI to promote domestic growth. I apply principles of law, economics, and finance to my analysis of the importance of Bilateral Investment Treaties (BITs), compared to Regional Trade Agreements (RTAs) to FDI inflow, and how it can impact economic growth in developing countries. I show that the RTAs give a signal that the country is open to foreign investment, and therefore it promotes …