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Full-Text Articles in Law

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román Dec 2021

Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román

University of Miami International and Comparative Law Review

“When you have fifteen thousand people marching up . . . how do you stop these people?” “You shoot them” [crowd member shouts] [chuckling, Trump responds:] “[O]nly in the Panhandle can you get away with that thing.”1
President Donald Trump

“Thousands of criminal aliens. They’re pouring into our country.”2
President Donald Trump

“They’re not people, these are animals.”3
President Donald Trump

“Take a look at the death and destruction that’s been caused by people coming into this country caused by people that shouldn’t be here.”4
President Donald Trump

“ [We] have millions and millions of ...


"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer Jun 2021

"Gone, But Never Forgotten:" Missing And Murdered Indigenous Women And Girls In The United States, Julianna Kramer

Honors Theses

Native women and girls in the United States are twice as likely to be sexually assaulted compared to white women, and murder rates on certain reservations can be tenfold higher than the national average. This pervasive violence traces back to colonialism. Native women have historically been abused, exploited, and neglected by America’s institutions, and lasting prejudice against Native peoples endures.

The United States government has stripped tribal governments of their ability to seek justice for their women. The Major Crimes Act of 1885, Proclamation 280, and the Oliphant v. Suquamish Indian Tribe (1978) decision place responsibility for investigating and ...


Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden May 2021

Law School News: Dean's Distinguished Service Award 2021: Ralph Tavares 05/28/2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos May 2021

An Inferentially Robust Look At Two Competing Explanations For The Surge In Unauthorized Migration From Central America, Nick Santos

Dissertations

The last 8 years have seen a dramatic increase in the flow of Central American apprehensions by the U.S. Border Patrol. Explanations for this surge in apprehensions have been split between two leading hypotheses. Most academic scholars, immigrant advocates, progressive media outlets, and human rights organizations identify poverty and violence (the Poverty and Violence Hypothesis) in Central America as the primary triggers responsible. In contrast, while most government officials, conservative think tanks, and the agencies that work in the immigration and border enforcement realm admit poverty and violence may underlie some decisions to migrate, they instead blame lax U ...


More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins Apr 2021

More Than Sectarianism: How Have State And Non-State Institutions Used Violence To Form The Current Iraqi State And What Is The Effect?, Caitlyn Perkins

Honors Theses

This thesis examines the role of violence in Iraq in establishing the current Iraqi state. My chapters provide historical and theoretical context to the subject before getting into the analysis. The goal of this thesis is to show that violence in Iraq is not only caused by sectarian differences, but has been used and influenced by leaders, outside governments, and non-state institutions for personal gain and political goals at the cost of the Iraqi people.


Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein Apr 2021

Restorative Federal Criminal Procedure, Leo T. Sorokin, Jeffrey S. Stein

Michigan Law Review

A Review of Until We Reckon: Violence, Mass Incarceration, and a Road to Repair. by Danielle Sered.


Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi Mar 2021

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

Journal Sharia and Law

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, appropriate and effective remedies. These ...


Welcome To The New Dignity, Donna M. Hughes Feb 2021

Welcome To The New Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Offense Of Thuggery In The Egyptian Penal Code, Rami Metwally Al-Qadi Feb 2021

Offense Of Thuggery In The Egyptian Penal Code, Rami Metwally Al-Qadi

Journal Sharia and Law

Egyptian legislature takes attention of criminalizing the act of terrorizing and intimidating citizens, which is known as bullying or thuggery offense.

Crime represents an assault on the human right to security.

In addition, to confront a serious phenomenon that Egyptians suffered from it lately.

The bullying is a crime of the Egyptian Penal Code that aimed at the confrontation of the types of using the force and the threat of violence in order to intimidate the victim to harm him materially or morally or damage to his possessions, robbed his money, or get the benefit of him or influence in ...


Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes Jan 2021

Forced Pregnancy And Gender Based Violence In Latin America, Miranda Carnes

Human Rights Brief

No abstract provided.


Gender Violence And The Human Rights Of Women In Cuba, Leila Hamouie Jan 2021

Gender Violence And The Human Rights Of Women In Cuba, Leila Hamouie

Human Rights Brief

No abstract provided.


Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson Jan 2021

Sexual Exploitation Of Black Women From The Years 1619-2020, Dominique R. Wilson

Journal of Race, Gender, and Ethnicity

No abstract provided.


The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll Jan 2021

The Deliberate Indifference Standard: A Broken Promise To Protect And Serve The Mentally Ill, Katherine R. Carroll

Touro Law Review

No abstract provided.


Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee Jan 2021

Encountering Jonah With Jewish Eyes And Finding Justice In The Belly Of A Whale, Randy Lee

Touro Law Review

No abstract provided.


U.S. Race Relations And Foreign Policy, Susan D. Page Jan 2021

U.S. Race Relations And Foreign Policy, Susan D. Page

Michigan Journal of Race and Law

It is easy for Americans to think that the world’s most egregious human rights abuses happen in other countries. In reality, our history is plagued by injustices, and our present reality is still stained by racism and inequality. While the Michigan Journal of International Law usually publishes only pieces with a global focus, we felt it prudent in these critically important times not to shy away from the problems facing our own country. We must understand our own history before we can strive to form a better union, whether the union be the United States or the United Nations ...


Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro Jan 2021

Deplatformed: Social Network Censorship, The First Amendment, And The Argument To Amend Section 230 Of The Communications Decency Act, John A. Lonigro

Touro Law Review

No abstract provided.


Obstruction Of Journalism, Erin C. Carroll Jan 2021

Obstruction Of Journalism, Erin C. Carroll

Georgetown Law Faculty Publications and Other Works

Identifying oneself as press used to be a near-grant of immunity. It meant safer passage through all manner of dangerous terrain. But today, being recognizable as a journalist may be more likely to make one a target.

Physical attacks against journalists in the United States increased nearly 1,300 percent in 2020. The rate of online violence against journalists is also soaring. This violence is aimed almost entirely at women, people of color, non-Christians, and non-straight journalists. It silences voices already relegated to the edges. Rather than letting our national conversation branch, the violence attempts to shear it to a ...


Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide Jan 2021

Murders In The German Sex Trade: 1920 To 2017, Manuela Schon, Anna Hoheide

Dignity: A Journal of Analysis of Exploitation and Violence

This research report is the result of collecting and evaluating data on cases of homicides and attempted homicides in the German sex trade from 1920-2017. The findings show violence against prostituted women and the attitudes of the sex buyers who commit most of the violent acts against the women. The report discusses the media coverage of murder cases, complication of cases, and a critique of methods of criminal evaluation by the police. From 1920 to 2017, 272 victims of murder and attempted murder were identified. Liberalization of prostitution occurred in 2002. From then until 2017, there is a decrease in ...


A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan Jan 2021

A Page-Turner With A Social Conscience: Requiem For A Female Serial Killer By Phyllis Chesler, Paula J. Caplan

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.


Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana Nov 2020

Violence Against Woman With Motor And Sensory Disability In The Jordanian Society (Quantitative Field Study), Hadeel Abu Hayyana

Journal of the Arab American University مجلة الجامعة العربية الامريكية للبحوث

This study aims at investigating the reality of violence against women with disabilities in its different types and forms (family violence, societal violence, self-violence), as well as the psychological and social effects of that violence, in addition to the responses of women with disabilities to the violence practiced against them.

In order to achieve the study goals, the researcher adopted the quantitative research method, which was applied to a sample of women consisting of (102) women with motor and sensory disability, who benefit from the services of societies and centers specialized in their disabilities, in the city of Amman by ...


Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis Oct 2020

Dirty Johns: Prosecuting Prostituted Women In Pennsylvania And The Need For Reform, Mckay Lewis

Dickinson Law Review

Prostitution is as old as human civilization itself. Throughout history, public attitudes toward prostituted women have varied greatly. But adverse consequences of the practice—usually imposed by men purchasing sexual services—have continuously been present. Prostituted women have regularly been subject to violence, discrimination, and indifference from their clients, the general public, and even law enforcement and judicial officers.

Jurisdictions can choose to adopt one of three general approaches to prostitution regulation: (1) criminalization; (2) legalization/ decriminalization; or (3) a hybrid approach known as the Nordic Model. Criminalization regimes are regularly associated with disparate treatment between prostituted women and their ...


L’Enjeu De L’Écriture Dans Mer Méditerranée De Louis-Philippe Dalembert: Dénonciation Ou Mise En Garde?, Nadia N. Iskandarani Aug 2020

L’Enjeu De L’Écriture Dans Mer Méditerranée De Louis-Philippe Dalembert: Dénonciation Ou Mise En Garde?, Nadia N. Iskandarani

BAU Journal - Society, Culture and Human Behavior

Louis-Philippe Dalembert, a Mauritian writer, published in 2019 his novel Mur Méditerranée that sheds the light on an actual issue: the migration crisis. To write this novel, the author was inspired by a real event that occurred in July 2014: the rescue story of illegal migrants by the Danish oil tanker Torm Lotte. In his novel, Louis-Philippe Dalembert portrays three women: Sembar Eritrean, Chochana the Nigerian, and Dima the Syrian; each of them flees the violence that rages in her country and throws herself into a ship that crosses the Mediterranean and leads migrants to Europe. Dalembert, deeply touched by ...


Public Health Violence Prevention: Supporting Law Enforcement, Kira Swensen, Gabriela Murza, Sandra H. Sulzer, Maren Wright Voss Aug 2020

Public Health Violence Prevention: Supporting Law Enforcement, Kira Swensen, Gabriela Murza, Sandra H. Sulzer, Maren Wright Voss

All Current Publications

As frustrations over inequalities in policing and law enforcement continue despite attempted reforms (Beckett, 2016), many are asking for a more effective approach. A 2018 issue statement from the American Public Health Association (2018) highlights that violence is a public health issue that will not go away without the influence of a public health approach. The integrated biological-psychological-social model of health recognizes the complexity in the ways individuals are influenced by their situations, with violence as the unfortunate result of the wrong mix of circumstances. The public health approach to violence focuses on prevention as part of the solution. This ...


America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay Jun 2020

America's Newest Boogeyman For Deviant Teen Behavior: Violent Video Games And The First Amendment, Joseph C. Alfe, Grant D. Talabay

Pace Intellectual Property, Sports & Entertainment Law Forum

Are violent video games harming America’s youth? Is it possible a series of interconnected circuit boards can influence children (or even adults) to become, themselves, violent? If so, how should our society-- and government-- respond?

To properly answer this last query, violent video games must be viewed through the lens of the First Amendment. Simply put: do games depicting grotesque acts of depravity so profound as to negatively influence the psyche warrant the full constitutional protections ordinarily guaranteed under the mantle of free speech and expression? Are these guarantees without limit? If not, how far may the government go ...


Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D. Jun 2020

Toward Trauma-Informed Professional Practices: What Legal Advocates And Journalists Can Learn From Each Other And Survivors Of Human Trafficking, Kirsten Foot Ph.D.

Georgia State University Law Review

Developments in the fields of law and journalism during the last two decades have led to greater awareness of the need for trauma-informed practices vis-à-vis survivors of violence, and correspondingly, the emergence of pedagogical resources for legal advocates and journalists. Due to traditional disciplinary silos, extant resources on trauma-informed practices in each field have been authored in relative isolation from each other, i.e., guides for legal advocates have been blind to guides for journalists and vice versa. This Article demonstrates that despite the obvious differences between lawyering and journalism, professionals in these two fields share some of the same ...


Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden May 2020

Law School News: Distinguished Service Professor: Deborah Gonzalez 05-20-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai May 2020

Considerations Of History And Purpose In Constitutional Borrowing, Robert L. Tsai

William & Mary Bill of Rights Journal

No abstract provided.


Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy Apr 2020

Kansas V. Boettger: On Petition For A Writ Of Certiorari To The Supreme Court Of The State Of Kansas, Paul Cassell, John Ehrett, Allyson N. Ho, Bradley Hubbard, Matthew Scorcio, Philip Axt, Thomas Molloy

Utah Law Faculty Scholarship

This amicus brief in support of Kansas’ petition for certiorari in Kansas v. Boettger discusses the important issue of whether the First Amendment require proof of specific intent to criminally punish violent threats. The brief argues that the First Amendment does not contain any such requirement and that creating any such requirement would interfere with effective prosecution of domestic violence.

The Kansas Supreme Court’s decision over which review is being sought required the state to prove that an abuser had a specific intent to cause fear. If allowed to stand, the decision will make prosecuting and preventing domestic violence ...


Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford Jan 2020

Can The International Criminal Court Succeed? An Analysis Of The Empirical Evidence Of Violence Prevention, Stuart Ford

Loyola of Los Angeles International and Comparative Law Review

Despite significant optimism about the future of the International Criminal Court (“ICC”) during its early years, recently there has been growing criticism of it by both scholars and governments. As a result, there appears to be more doubt about the ICC’s ability to succeed now than at any other point in its history. So, are the critics correct? Is the ICC failing? No. This Article argues that, not only can the ICC succeed, there is strong evidence that it is already succeeding. It analyzes several recent empirical articles that have convincingly demonstrated that the ICC prevents serious violations of ...


Racial Purges, Robert L. Tsai Jan 2020

Racial Purges, Robert L. Tsai

Michigan Law Review

Review of Beth Lew-Williams' The Chinese Must Go: Violence, Exclusion, and the Making of the Alien in America.