Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (6)
- Nova Southeastern University (5)
- American University Washington College of Law (2)
- SelectedWorks (2)
- Clark University (1)
-
- Maurer School of Law: Indiana University (1)
- Pepperdine University (1)
- Selected Works (1)
- The University of Akron (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Baltimore Law (1)
- University of Connecticut (1)
- University of Georgia School of Law (1)
- University of Miami Law School (1)
- Wayne State University (1)
- Publication Year
- Publication
-
- ILSA Journal of International & Comparative Law (5)
- Articles (2)
- Articles in Law Reviews & Other Academic Journals (2)
- Michigan Law Review (2)
- Akron Law Review (1)
-
- All Faculty Scholarship (1)
- David B Kopel (1)
- Eileen Kaufman (1)
- Georgia Journal of International & Comparative Law (1)
- Honors Scholar Theses (1)
- Indiana Journal of Global Legal Studies (1)
- Journal of the National Association of Administrative Law Judiciary (1)
- Law Faculty Research Publications (1)
- Michigan Journal of Gender & Law (1)
- Michigan Journal of International Law (1)
- Nehal A. Patel (1)
- Scholarly Undergraduate Research Journal at Clark (SURJ) (1)
- Scholarly Works (1)
- University of Miami International and Comparative Law Review (1)
- Publication Type
- File Type
Articles 1 - 26 of 26
Full-Text Articles in Law
Fear, Loathing, And The Hemispheric Consequences Of Xenophobic Hate, Ernesto Sagás, Ediberto Román
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 people …
The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell
The Resistance & The Stubborn But Unsurprising Persistence Of Hate And Extremism In The United States, Jeannine Bell
Indiana Journal of Global Legal Studies
Though the far right has a long history in the United States, the presidential campaign and then election of Donald Trump brought the movement out of the shadows. This article will analyze the rise in White supremacist activity in the United States-from well-publicized mass actions like the White supremacist march in Charlottesville in August 2017 to individual acts of violence happening since November 2016. This article focuses on contextualizing such incidents within this contemporary period and argues that overt expressions of racism and racist violence are nothing new. The article closes with a call to strengthen the current legal remedies …
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Law's Violence And The Boundary Between Corporal Discipline And Physical Abuse In German South West Africa, Harry Schwirck
Law's Violence And The Boundary Between Corporal Discipline And Physical Abuse In German South West Africa, Harry Schwirck
Akron Law Review
This article is organized as follows. Part One sketches the way the article will approach the issue of law and violence. Part Two provides a very brief summary of the history of German colonial rule in South West Africa. Part Three discusses the status of the right of discipline in German law up to and during the colonial period. Part Four turns to the colonial situation itself, examining the colonial debate over the right to discipline in the context of settlers’ abuse of farm workers. Part Five follows this debate into the diamond mines discovered toward the end of the …
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Impact Of The “Nirbhaya” Rape Case: Isolated Phenomenon Or Social Change?, Tina P. Lapsia
Honors Scholar Theses
In December 2012, a twenty-three year old college student, who was given the pseudonym “Nirbhaya” (“fearless”), was fatally gang-raped on a private bus in Delhi, India, galvanizing the country to swiftly adopt new legislative measures and catapulting the issue of violence against women in India into the international spotlight. Although assault and rape cases have made India infamous for its high volume of crimes against women, the reaction to this particular incident was much different from before. This paper investigates whether the governmental and societal responses represent social change, as indicated by changing attitudes towards violence against women in India. …
"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez
"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez
ILSA Journal of International & Comparative Law
Most of the top leaders of the main guerrillas and paramilitary groups in Colombia have fallen, but the violence and the security concerns remain.
Balancing The First Amendment And Child Protection Goals In Legal Approaches To Restricting Children's Access To Violent Video Games: A Comparison Of Germany And The United States, Laura Tate Kagel
Georgia Journal of International & Comparative Law
No abstract provided.
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Regulating Violence In Video Games: Virtually Everything, Alan Wilcox
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Eileen Kaufman
No abstract provided.
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
Comments, Cynthia Dipasquale, Seeking Options For Human Trafficking Victims, Elizabeth Keyes
All Faculty Scholarship
No abstract provided.
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Fielding A Team For The Fans: The Societal Consequences And Title Vii Implications Of Race-Considered Roster Construction In Professional Sport, N. Jeremi Duru
Articles in Law Reviews & Other Academic Journals
Professional sports organizations' relationships with their players are, like other employer-employee relationships, subject to scrutiny under the antidiscrimination mandates embedded in Title VII of the Civil Rights Act of 1964. Professional sports organizations are, however, unique among employers in many respects. Most notably, unlike other employers, professional sports organizations attract avid supporters who identify deeply with the teams and their players. To the extent an organization racially discriminates, therefore, such discrimination creates the risk that fans will identify with the homogenous or racially disproportionate roster that results. The consequences of such race-based team identification are wide-reaching and potentially tragic. Through …
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Domestic Violence In Ghana: The Open Secret, Nancy Chi Cantalupo, Sue Shin, Kay Park, Lisa Vollendorf Martin
Law Faculty Research Publications
No abstract provided.
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
The Gold Standard Of Gun Control - Book Review Of Joyce Malcolm, Guns And Violence: The English Experience, David B. Kopel, Joanne D. Eisen, Paul Gallant
David B Kopel
Guns and Violence tells a remarkable story of a society's self-destruction, of how a government in a few decades managed to reverse six hundred years of social progress in violence reduction. The book is also a testament to the amazing self-confidence of British governments; Labour and Conservative alike have proceeded with an extreme anti-self-defense agenda, although the agenda has never had much supporting evidence beyond the government's own platitudes.
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
Domestic Violence In The Haitian Culture And The American Legal Response: Fanm Ayisyen Ki Gen Kouraj, Mary Clark
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott
Grados De Libertad: Democracia Y Antidemocracia En Cuby Y Luisiana, 1898-1900, Rebecca J. Scott
Articles
This comparative study between the quest for political racial inclusivity in 1890s Louisiana and the fight against state-sanctioned racialized violence in Cuba in the early 1900s exposes similarities, tensions, and differences between the two systems. The article traces the evolving contests for citizenship and suffrage in each climate at the end of the 19th century and into the beginning of the twentieth, juxtaposing the expression of race, suffrage, and citizenship in the constitution and political climate of each locale. In 1898, the new Louisiana state constitution disenfranchised African-Americans, while in 1900 Cuba was positioning itself for a grant of universal …
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Women And Law: A Comparative Analysis Of The United States And Indian Supreme Courts’ Equality Jurisprudence, Eileen Kaufman
Scholarly Works
No abstract provided.
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Instructions In Inequality: Development, Human Rights, Capabilities, And Gender Violence In School, Erika George
Michigan Journal of International Law
This Article argues that the international community's gender equality targets will not be realized by 2015 because the problems associated with sexual violence against girls in schools are situated at an intersection of contested conceptual divides between human rights (civil and political liberties) and development aims (social and economic needs). Cracks in the conceptual foundations of both the liberal and utilitarian theories of justice and equality, which support traditional human rights advocacy and economic development plans, respectively render each approach inadequate to fully identify and address the grave danger sexual violence and harassment in schools pose to educational equality. In …
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks
Michigan Law Review
The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …
Funding Opportunities For Legal Services Programs Offer Hope For Battered Immigrants: A Call For Strides In Community Collaborations, E. Lesleigh Varner
Funding Opportunities For Legal Services Programs Offer Hope For Battered Immigrants: A Call For Strides In Community Collaborations, E. Lesleigh Varner
ILSA Journal of International & Comparative Law
Within the last decade, this country has made tremendous strides in the way of immigration legislation.
Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott
Looking Through A Glass Darkly: Applying The Lens Of Social Cubism To The Police-Minority Group Conflict In America, K. Michelle Scott
ILSA Journal of International & Comparative Law
In recent years, there has been a steady stream of growing concern in nations throughout the world about police officers' use of excessive, brutal, and sometimes deadly force where circumstances do not warrant such actions.
A Conceptual Framework For A Multifactor, Multi-Level Analysis Of The Origins Of Workplace Violence, Bini Litwin
A Conceptual Framework For A Multifactor, Multi-Level Analysis Of The Origins Of Workplace Violence, Bini Litwin
ILSA Journal of International & Comparative Law
Violence is an issue that is often chronicled throughout the world, with media stories depicting violence in the home, streets, schools and workplace.
The International Criminal Tribunals: Crime And Punishment In The International Arena, Gabrielle Kirk Mcdonald
The International Criminal Tribunals: Crime And Punishment In The International Arena, Gabrielle Kirk Mcdonald
ILSA Journal of International & Comparative Law
The International Criminal Tribunals for the former Yugoslavia and for Rwanda have come a long way since their establishment in 1993 and 1994, respectively.
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Michigan Journal of Gender & Law
This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …
On Humiliation, Jeremy Waldron
On Humiliation, Jeremy Waldron
Michigan Law Review
A Review of Humiliation, and Other Essays on Honor, Social Discomfort, and Violence by William Ian Miller
Harboring Conspiracy, Henry W. Rogers
Harboring Conspiracy, Henry W. Rogers
Articles
That the American people should naturally sympathize with Ireland in its demand for home rule is to be expected from the very nature of our institutions and theory of government. We in this country are of the opinion that Ireland, in demanding from England the right to regulate its domestic affairs in its own way and by its own laws, presents an honorable and a just cause, which appeals to our sympathy and sense of right. But it makes no difference bow honorable and legitimate a cause may be in itself, if it be supported by means which are not …