Human Rights Law Commons^™

Duress In Immigration Law, Elizabeth A. Keyes

Seattle University Law Review

The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

The Chicago Police Department's Murder Of Adam Toledo Was Not Justifiable Self-Defense, Cruz Rodriguez

Public Interest Law Reporter

No abstract provided.

Franco And Fraihat: The Unexpected Consequences Of Overlap, Romina Nemaci

Public Interest Law Reporter

No abstract provided.

Voter Suppression In Georgia, Eli Woods

Public Interest Law Reporter

No abstract provided.

Revisiting Poverty Under Equal Protection In The Wake Of Covid-19, Alexis O'Connor

Public Interest Law Reporter

No abstract provided.

When Justice Is Blind: Accommodations For Judges With Visual Impairments And Blindness, Annie Mann

Public Interest Law Reporter

No abstract provided.

On Gang Databases, Louise Carhart

Public Interest Law Reporter

No abstract provided.

Inequity For People Of Color In Healthcare In The Wake Of A Global Pandemic, Colleen Ahern

Public Interest Law Reporter

No abstract provided.

Table Of Contents, Public Interest Law Reporter

Public Interest Law Reporter

No abstract provided.

"We Can't Breathe." Like George Floyd, Black Families In New York City Have A Knee On Their Necks, Shanee Brown

Public Interest Law Reporter

No abstract provided.

A Look At Race & Reparations In America, Annie Keller

Public Interest Law Reporter

No abstract provided.

The Persecution Of Asylum Seekers, Juan Gonzalez-Martinez

Public Interest Law Reporter

No abstract provided.

Examining The 2021 Texas Power Grid Crisis, Dean Jepsen

Public Interest Law Reporter

No abstract provided.

Supplemental Security Income: How A Noble Mission Without Modernization Perpetuates Poverty, Caroline Jarcho

Public Interest Law Reporter

No abstract provided.

The Right To Vote: Felony Disenfranchisement And Making Restoration A Reality, Montana Birringer

Public Interest Law Reporter

No abstract provided.

Full Faith & Credit For Victims Of Human Trafficking, Joseph Woltmann

University of San Francisco Law Review

No abstract provided.

The Female Face Of Misogyny: A Review Of Decriminalizing Domestic Violence: A Balanced Policy Approach To Intimate Partner Violence By Leigh Goodmark And The Feminist War On Crime: The Unexpected Role Of Women's Liberation In Mass Incarceration By Aya Gruber, Dianne L. Post

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

The Weaponization Of The “Alien Harboring” Statute In A New-Era Of Racial Animus Towards Immigrants, Hannah Hamley

Seattle University Law Review

Federal law 8 U.S.C. § 1324(a)(1)(A)(iii), commonly referred to as the “Alien Harboring” statute, was passed sixty-eight years ago and has been used as a weapon against immigrants and their allies. Spanning back decades, numerous scholars, alarmed by the dangerous use of the statute, have written about its muddled congressional intent and the unclear definition of “harboring.” These issues continue to be relevant and are foundational concerns with the enforcement of the harboring statute. However, in the era of President Donald J. Trump, we are faced with a new danger. We are confronted with an Administration that is ferociously anti-immigrant …

It Is Time To Get Back To Basics On The Border, Donna Coltharp

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming.

Gps Tracking At The Border: A Mistaken Expectation Or A Chilling Reality, Kimberly Shi

Washington and Lee Journal of Civil Rights and Social Justice

In 2018, Matthew C. Allen, the Assistant Director for the Domestic Operations Division within the United States Department of Homeland Security, filed a declaration in United States v. Ignjatov describing a departmental policy allowing for the installation of a “GPS tracking device on a vehicle at the United States border without a warrant or individualized suspicion,” limited “to 48 hours.” While the Border Search Doctrine, which predates the Fourth Amendment, deems that no warrant is necessary at the border for most searches and seizures because of the government’s inherent power to control who or what comes within a nation’s borders, …

Keeping The Zombies At Bay: Fourth Amendment Problems In The Fight Against Botnets, Danielle Potter

Washington and Lee Journal of Civil Rights and Social Justice

You may not have heard of a botnet. If you have, you may have linked it to election shenanigans and nothing else. But if you are reading this on a computer or smartphone, there is a good chance you are in contact with a botnet right now.

Botnets, sometimes called “Zombie Armies,” are networks of devices linked by a computer virus and controlled by cybercriminals. Botnets operate on everyday devices owned by millions of Americans, and thus pose a substantial threat to individual device owners as well as the nation’s institutions and economy.

Accordingly, the United States government has been …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Applying International Law Solutions To The Xinjiang Crisis, Preston Jordan Lim

Faculty Publications

No abstract provided.

Thailand V. Does 1-5 Of The Organization For Thai Federation, Human Rights Institute, Demetra Sorvatzioti

Human Rights Institute

From November 2019 to January 2020, the Human Rights Clinic at Columbia Law School monitored the trial of five individuals on charges of sedition and membership in a secret society, the latter predicated on the defendants’ alleged affiliation with the Organization for Thai Federation (OTF), an organization whose political platform includes changing the existing political system from a constitutional monarchy to republicanism. Specifically, the defendants were accused of a range of nonviolent activities in support of OTF, from distributing flyers and t-shirts to communicating with other supporters of OTF — all activities protected by their right to freedom of expression …

Turkey Vs. Ahmet Tuna Altınel, René Provost, Human Rights Institute

Human Rights Institute

Ahmet Tuna Altınel is a Professor of Mathematics at the University of Lyon-1 in France. During a visit to Turkey, his passport was seized. When he inquired as to its whereabouts, he was arrested on suspicion of “propaganda for a terrorist organization,” soon thereafter charged with “membership in a terrorist organization,” and detained for nearly three months. The predicate for this charge was social media posts inviting attendance at an event in France entitled “Cizre — the Story of a Massacre” and interpretation assistance Mr. Altınel provided at the event. After his eventual release from pre-trial detention, the prosecution again …

Government Of Thailand & Chaiwat Limlikhitaksorn V. Wuth Boonlert & Samak Donnapee, Human Rights Institute, Lionel Blackman

Human Rights Institute

In 2019, Samak Donnapee, a retired forestry officer, and Wuth Boonlert, an indigenous human rights advocate, were prosecuted and tried for criminal defamation. The charges, brought by a government officer, Chaiwat Limlikhit-aksorn, (in his private capacity) and the Public Prosecutor, relate to Facebook posts by Samak Donnapee. The Prosecution alleged that the Facebook posts suggested that government employee Chaiwat Limlikhit-aksorn owned land that unlawfully encroached onto a national park that is also traditionally indigenous land. Wuth Boonlert was accused of sharing one of these posts with no further commentary. None of the posts named Chaiwat Limlikhit-aksorn.

Chaiwat Limlikhit-aksorn, a senior …

Beat The Heat: Texas’S Need To Reduce Summer Temperatures In Offender Housing, Mary E. Adair

St. Mary's Law Journal

The Texas Department of Criminal Justice’s lack of air conditioning in offender housing areas is a violation of the Eighth Amendment and deprives offenders of humane living conditions. Unlike most Texans, offenders housed in the TDCJ are unable to adequately protect themselves from the higher, prolonged summer temperatures. Most Texas prisons do not provide air conditioning or other types of cooling systems in offender housing areas, so offenders are at the mercy of the elements with little protection against heat-related illnesses. Several jurisdictions, other than Texas, have recognized extreme temperatures in housing areas can lead to constitutional violations because the …