Law & Justice

The Evolution of Third-Party Doctrine Analysis: How the Supreme Court's Current Analytical Framework Limits the Scope of the Third-Party Doctrine

Peter . Conlin - The Fourth Amendment protects the “right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” Fundamentally, the Fourth Amendment places constitutional limits on law enforcement&rsquo... Keep Reading »

Structural Violence in the Queer Community: A Comparative Analysis of International Human Rights Protections for LBTIQ+ People

Misty Farquhar - This paper discusses the structural violence experienced by lesbian, gay, bisexual, trans, intersex, or queer (LGBTIQ+) people and people with disabilities (PWD), and reviews the international human rights protections available to each group through United Nations (... Keep Reading »

The Effectiveness of the International Criminal Court: Challenges and Pathways for Prosecuting Human Rights Violations

Sarah J. Goodman - Of the thousands of potential cases that could have been investigated by the International Criminal Court (ICC), only 44 individuals have been indicted, with 45 cases currently before the ICC. Further, only 14 out of the 45 have resulted in a complete proceeding, and... Keep Reading »

Totalitarian Friendship: Carl Schmitt in Contemporary China

Jackson T. Reinhardt - For the past several years, the study of German jurist Carl Schmitt has exploded in China. Floria Sapio remarks that Schmitt has enjoyed “enormous currency among mainland Chinese scholars since the 2000s.”[1] Even though Schmitt has received a recent revitalization... Keep Reading »
Photo: Daniel Arauz CC-2

Seeking a Better Life: Asylum Law, the Migration Crisis and Available Legal Remedies

Audrey Cialdella - Between 2012 and 2017, the number of asylum applications from El Salvador, Guatemala, and Honduras—countries collectively known as the Northern Triangle—increased by eight hundred percent[1]. The Trump administration has responded by increasing deportations... Keep Reading »
 
 

All Law & Justice Articles (by date)

Page 1/6 | Showing results 1 - 16 of 78
Privacy Law
2022, Vol. 14 No. 02
The Evolution of Third-Party Doctrine Analysis: How the Supreme Court's Current Analytical Framework Limits the Scope of the Third-Party Doctrine
By Peter Conlin
The Fourth Amendment protects the “right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures…” Fundamentally, the Fourth Amendment places constitutional limits on law... Read Article »
Privacy Law Fourth Amendment Third-Party Doctrine Supreme Court American Law Constitutional Law
Human Rights
2021, Vol. 13 No. 12
Structural Violence in the Queer Community: A Comparative Analysis of International Human Rights Protections for LBTIQ+ People
By Misty Farquhar
This paper discusses the structural violence experienced by lesbian, gay, bisexual, trans, intersex, or queer (LGBTIQ+) people and people with disabilities (PWD), and reviews the international human rights protections available to each group through... Read Article »
Human Rights LGBT Rights Disability Protections Structural Violence Discrimination
Ancient Greek Literature
2021, Vol. 13 No. 03
The Eumenides, Antigone and the Nature of Objective Justice
By Patrick F. Sheils
Justice in The Eumenides is established as an objective entity and it is in The Eumenides that it is solidified as a concept which has causal power over the material world. This metaphysical abstraction seeks to gain purchase through interpersonal... Read Article »
Justice Objectivity Morality Ancient Greek Literature Sophocles
Political Philosophy
2021, Vol. 13 No. 03
Conservative Perspectives of Political Outsiders
By Audrey Cialdella
Western conservatism is often conceived as the philosophy of large landowners in the past and business executives in the present. Heightened awareness of racial and class disparities in recent years has increased the perception that conservatism... Read Article »
Political Philosophy Law American Politics Conservatism
Democracy
2020, Vol. 12 No. 11
Has the U.S. Constitution Reached its Expiration Date? A Review and Criticism of the World's Longest Lasting Constitution
By Emma L. Bernstein
The United States Constitution is the longest lasting written constitution in the world, despite the fact that one of the key framers, Thomas Jefferson, believed that written constitutions ought to have a nineteen year expiration date before they... Read Article »
Constitution Democracy Presidential System American Politics
Justice
2020, Vol. 12 No. 10
The Cycle of Punishment in Producing Society
By Maureen A.S. Arsenal
Punishment from the legal system is typically seen as a proper response to lawbreakers and criminal activity. However, we do not consider how punishment enables law enforcement and the legal system to further oppress marginalized and minority populations... Read Article »
Punishment Crime Surveillance Deterrence Justice Criminal Justice Policing
Human Rights
2020, Vol. 12 No. 09
The Effectiveness of the International Criminal Court: Challenges and Pathways for Prosecuting Human Rights Violations
By Sarah J. Goodman
Of the thousands of potential cases that could have been investigated by the International Criminal Court (ICC), only 44 individuals have been indicted, with 45 cases currently before the ICC. Further, only 14 out of the 45 have resulted in a complete... Read Article »
International Criminal Court International Relations Human Rights International Justice
Political Theory
2020, Vol. 12 No. 07
Totalitarian Friendship: Carl Schmitt in Contemporary China
By Jackson T. Reinhardt
For the past several years, the study of German jurist Carl Schmitt has exploded in China. Floria Sapio remarks that Schmitt has enjoyed “enormous currency among mainland Chinese scholars since the 2000s.”[1] Even though Schmitt has... Read Article »
China Carl Schmitt Legal Theory Political Theory Totalitarianism Liberalism Chinese Politics
Justice
2020, Vol. 12 No. 04
Towards a Theory of Leniency for Immigrants
By Keerthana Annamaneni
In his compelling account of juvenile justice, “Age of Culpability,” Gideon Yaffe provides a philosophically rigorous justification for the claim that “children should be given a break when they do wrong; they ought to be treated... Read Article »
Immigration Political Theory Criminal Justice Punishment Restorative Justice Social Policy
Immigration
2020, Vol. 12 No. 02
Seeking a Better Life: Asylum Law, the Migration Crisis and Available Legal Remedies
By Audrey Cialdella
Between 2012 and 2017, the number of asylum applications from El Salvador, Guatemala, and Honduras—countries collectively known as the Northern Triangle—increased by eight hundred percent[1]. The Trump administration has responded by... Read Article »
Immigration International Relations American Politics Asylum Seekers International Law Immigration Policy
Restorative Justice
2019, Vol. 11 No. 10
Restoring Justice: An Alternative to the School-to-Prison Pipeline
By Daisy Morales
The school-to-prison pipeline, a "partnership” between juvenile courts and the school system, "developed through a punitive and harmful framework to the detriment of many vulnerable children and adolescents,” is a phenomenon of the... Read Article »
Restorative Justice Juvenile Offenders School Discipline Criminal Justice Policy Vulnerable Youth Education Policy
Environmental Policy
2018, Vol. 10 No. 05
Wind Energy Legislation Strategies for the Lone Star State
By Elizabeth A. Weis
Texas introduced Senate Bill 277 as its first wind energy siting law during the 2017 Legislature. The bill combats radar interference between wind and military equipment by exempting any wind farm within thirty nautical miles of a military base... Read Article »
Wind Energy Environmental Policy Renewable Energy Texas Property Law Public Policy
Biological Warfare
2017, Vol. 9 No. 11
Theoretical Utilisation of Biological Warfare from Aquatic Invasive Species
By Richard J. Neale
This research project focuses on invasive aquatic species and their potential usage as biological weapons. It’s a cross disciplinary study which utilises a comprehensive literature review on invasive aquatic species, biological warfare, maritime... Read Article »
Biological Warfare Invasive Species Maritime Pollution Environmental Policy Environmental Economics Public Health International Law
Land Use
2017, Vol. 9 No. 11
Eminent Domain in the United States and China: Comparing the Practice Across Countries
By Simon K. Zhen
Regardless of which side of the Pacific individuals reside on, the idea of the government taking property and uprooting citizens tends to evoke a considerable amount of backlash. In examining the eminent domain practices of the United States and... Read Article »
Land Use Law China Eminent Domain Chinese Politics Land Use Policy
International Law
2017, Vol. 9 No. 05
Libya 2011: Exploring the Implementation of the 'Responsibility to Protect'
By Andrew R. Aubuchon
This article explores the role that the Responsibility to Protect (R2P) played in the 2011 intervention in Libya. It examines the R2P legal framework in coordination with events on the ground in Libya during the early part of 2011 in order to thoroughly... Read Article »
Libya United Nations International Law Responsibility To Protect R2P Humanitarian Intervention Human Rights NATO
 
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