City University of New York Law Review最新文献_第9页

The Convention on the Rights of the Child 《儿童权利公约》

City University of New York Law Review Pub Date : 2009-07-01 DOI: 10.31641/CLR120209

Karin Soder

引用次数: 139

Section Four: The Availability of Preventative Rehabilitation Services for Children Engaged in Prostitution; CRC Article 34 and Its Optional Protocol 第四节:为从事卖淫的儿童提供预防性康复服务的情况;《儿童权利公约》第三十四条及其任择议定书

City University of New York Law Review Pub Date : 2009-07-01 DOI: 10.31641/clr120216

J. A. Cooney

引用次数: 0

"Purgatory Cannot Be Worse than Hell": The First Amendment Rights of Civilly Committed Sex Offenders “炼狱不会比地狱更糟”:民事性犯罪者的第一修正案权利

City University of New York Law Review Pub Date : 2009-07-01 DOI: 10.31641/CLR120202

T. Kessler

引用次数: 0

Section Nine: Article 2 of the Convention on the Rights of the Child and New York State Law 第9节:《儿童权利公约》第2条和纽约州法律

City University of New York Law Review Pub Date : 2009-07-01 DOI: 10.31641/CLR120221

Clare M. Wiseman

引用次数: 0

States of Resistance: The REAL ID ACT and Constitutional Limits Upon Federal Deputization of State Agencies In The Regulation of Non-Citizens 抵制的状态:真实身份法案和宪法限制在非公民监管联邦代理国家机构

City University of New York Law Review Pub Date : 2009-06-01 DOI: 10.31641/CLR120203

S. Lin

{"title":"States of Resistance: The REAL ID ACT and Constitutional Limits Upon Federal Deputization of State Agencies In The Regulation of Non-Citizens","authors":"S. Lin","doi":"10.31641/CLR120203","DOIUrl":"https://doi.org/10.31641/CLR120203","url":null,"abstract":"Since the passage of the REAL ID Act in 2005, federal and state governments have clashed over implementation of the law's sweeping and prohibitively expensive changes to states' motorist licensing schemes. The REAL ID Act would affect all 56 U.S. jurisdictions and more than 240 million driver's license applicants or holders.The Article discusses the design flaws of the REAL ID Act within the context of the nation's traditional \"immigration federalism\" framework in regulating non-citizens, and evaluates the viability of legal challenges on the grounds of equal protection, due process, federalism principles, and international law. Part I discusses states’ authority over non-citizens and the history of “immigration federalism” jurisprudence. Part II explores key provisions of the REAL ID Act, the Western Hemisphere Travel Initiative, and similar attempts by the federal government to deputize states to engage in citizenship-policing and immigration enforcement. It describes the acute social and economic segregation that the denial of driver’s licenses to non-citizens engenders, and examines a number of theories that attempt to capture the impact of the current immigration federalism framework or prescribe alternate approaches. Part III discusses previous legal challenges under the Equal Protection Clause involving similar measures and the viability of potential challenges under the Tenth Amendment and international human rights laws. The Tenth Amendment discussion in particular elaborates on the “dual sovereignty” framework for federalism in the immigration context that the Supreme Court articulated in Printz v. United States, and questions the fate of future Congressional legislation that may be described as irrational, xenophobic, and untethered to political accountability.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131753915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

A Whale of a Tale: Postcolonialism, Critical Theory, and Deconstruction: Revisiting the International Convention for the Regulation of Whaling Through a Socio-Legal Perspective 故事中的鲸鱼:后殖民主义、批判理论与解构:从社会-法律的角度重新审视国际捕鲸公约

City University of New York Law Review Pub Date : 2008-10-13 DOI: 10.31641/CLR120102

Nick J. Sciullo

{"title":"A Whale of a Tale: Postcolonialism, Critical Theory, and Deconstruction: Revisiting the International Convention for the Regulation of Whaling Through a Socio-Legal Perspective","authors":"Nick J. Sciullo","doi":"10.31641/CLR120102","DOIUrl":"https://doi.org/10.31641/CLR120102","url":null,"abstract":"This article is a critical interpretation of the indigenous whaling debate, which, although often discussed in legal academia, has received only passing critical attention. As a scholar in the critical theory/critical legal studies model, I am primarily concerned with the impact that law and debates about law have on divergent groups (racial, ethnic, gender, etc.). This article develops a criticism of the United States's postcolonial opposition to whaling, arguing, instead, for cultural relativism. The article indicts U.S. imperialism, and treatment of indigenous peoples, arguing for interdisciplinary analysis and a more keen appreciation for the voice of indigenous peoples. As I often do in my writing, I turn the critical lens back on me, as author, and investigate what it means to write critically for me, personally, and for other scholars who write postcolonial scholarship. The whaling debate is as important now as ever, especially as the issues of natural resource management take on a larger role in international politics. Off-shore drilling and energy exploration in the Arctic are but too examples of the rising importance of these issues. Whaling has largely been viewed as an environmental issue and the International Convention for the Regulation of Whaling (ICW) has been construed in terms of international relations and hegemony studies. Those approaches are an excellent contribution to the debate, but what seems to most be missing is a qualitative approach that blends critical theory, history, sociology, and cultural studies to better understand the polarizing whaling discussion.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127434751","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Nicholas Freudenberg: A Selected Bibliography to Accompany a Conversation on Health and Law 尼古拉斯·弗罗伊登伯格:《健康与法律对话参考书目选录》

City University of New York Law Review Pub Date : 2008-10-01 DOI: 10.31641/CLR120103

J. Krishnaswami

引用次数: 0

Labor and Management Relationships in the Twenty-First Century: The Employee/Supervisor Dichotomy 21世纪的劳资关系:员工/主管的二分法

City University of New York Law Review Pub Date : 2008-10-01 DOI: 10.31641/CLR120101

B. Malkawi

引用次数: 1

Payne, Victim Impact Statements, and Nearly Two Decades of Devolving Standards of Decency 佩恩，受害者影响陈述，以及近二十年来不断变化的礼仪标准

City University of New York Law Review Pub Date : 2008-10-01 DOI: 10.31641/CLR120105

J. Frankel

引用次数: 5

Notes from the Field: Challenges of Indigent Criminal Defense 现场笔记:贫困刑事辩护的挑战

City University of New York Law Review Pub Date : 2008-10-01 DOI: 10.31641/CLR120108

Ting Cheng, Steven Zeidman, K. Boudin, Mercedes Cano, Preeti Lala, Susan Tipograph

{"title":"Notes from the Field: Challenges of Indigent Criminal Defense","authors":"Ting Cheng, Steven Zeidman, K. Boudin, Mercedes Cano, Preeti Lala, Susan Tipograph","doi":"10.31641/CLR120108","DOIUrl":"https://doi.org/10.31641/CLR120108","url":null,"abstract":"In the arena of legal scholarship, the topic of indigent criminal defense is often subsumed under broader considerations of criminal law, the courts, institutional structures, and the reigning paradigm of the criminal justice system. However, examination of the field seldom begins from the perspective of the indigent criminal defense attorney and, by extension, the accused. The reflections of these practitioners are not only germane, but also essential to bridging the divide between the rarified theory of indigent criminal defense and its application.In this volume, four leading practitioners discuss the challenges in criminal defense -- Susan Tipograph, Mercedes Cano, and Preeti Lala are all criminal defense attorneys, and Kathy Boudin, who was incarcerated for twenty-two years, is a noted advocate for the incarcerated and their children. This Essay aims to use the insights of the practitioners, and the realities they have described, to contribute to the critical discussion in future debates about indigent criminal defense. The practitioners all comment on the particular difficulties they face in their practice, the trend of mass incarceration in the United States, recidivism, the connection between social movements and criminal defense, and alternative client-focused approaches to indigent public defense. Their reflections, insights, and perspectives capture the frustrations, realities and joys of indigent defense work.","PeriodicalId":220741,"journal":{"name":"City University of New York Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115505872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0