Pace law review最新文献

The Refugee Burden of Proof: Legal Gaps and Future Considerations For Climate Migrants 难民举证责任:气候移民的法律空白和未来考虑

Pace law review Pub Date : 2023-10-08 DOI: 10.58948/2331-3528.2079

Aedan Raleigh

{"title":"The Refugee Burden of Proof: Legal Gaps and Future Considerations For Climate Migrants","authors":"Aedan Raleigh","doi":"10.58948/2331-3528.2079","DOIUrl":"https://doi.org/10.58948/2331-3528.2079","url":null,"abstract":"As impacts of climate change become increasingly imminent and devastating, especially for the world’s most vulnerable communities, climate processes and events have forced certain populations to flee their homes. Climate refugees, also called environmental or climate migrants, describes those displaced by environmental disruption; however, international law has yet to delineate how these individuals fit into current refugee law or other areas of immigration assistance. This paper begins by examining current international refugee law, challenges to seeking asylum, and how this applies, or fails to apply, to climate migrants. I will then explore the burden of proof for the principle of non-refoulement and the difficulty in its application to those displaced by climate change. The United Nations Human Rights decision in the landmark case of Ioane Teitiota v. New Zealand, provides significant insight into the state of climate-caused displacement and highlights future paths in addressing this issue. Ultimately, I will argue that the current administration of international refugee law does not sufficiently accommodate climate migrants, and additional changes and considerations are required to appropriately handle the rapidly growing climate migrant crisis.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":"51 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135197792","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

Privacy And National Politics: Fingerprint and DNA Litigation in Japan And the United States Compared 隐私与国家政治:指纹与DNA诉讼在日本与美国的比较

Pace law review Pub Date : 2023-10-08 DOI: 10.58948/2331-3528.2075

Dongsheng Zang

引用次数: 0

Unpuzzling Complete Preemption: Beneficial National Bank v. Anderson After Two Decades in the Circuit Courts 毫无疑问的完全优先权:巡回法院20年后的有益国家银行诉安德森案

Pace law review Pub Date : 2023-10-08 DOI: 10.58948/2331-3528.2076

Anthony Salzetta

引用次数: 0

Onerous Disabilities And Burdens: An Empirical Study Of The Bar Examination’s Disparate Impact On Applicants From Communities Of Color 繁重的残疾和负担:律师资格考试对有色人种申请人的不同影响的实证研究

Pace law review Pub Date : 2023-10-08 DOI: 10.58948/2331-3528.2074

Scott DeVito, Kelsey Hample, Erin Lain

{"title":"Onerous Disabilities And Burdens: An Empirical Study Of The Bar Examination’s Disparate Impact On Applicants From Communities Of Color","authors":"Scott DeVito, Kelsey Hample, Erin Lain","doi":"10.58948/2331-3528.2074","DOIUrl":"https://doi.org/10.58948/2331-3528.2074","url":null,"abstract":"This Article provides the results of the most comprehensive and detailed analysis of the correlation between bar passage and race and ethnicity. It provides the first proof of racially disparate outcomes of the bar exam, both for first-time and ultimate bar passage, across jurisdictions and within law schools. Using data from 63 public law schools, we found that first-time bar examinees from Communities of Color underperform White examinees by, on average, 13.41 percentage points. While the gap closes when looking at ultimate bar passage, there is still a difference, on average, of 9.09 percentage points. The validity of these results are supported through our use of t-test statistical analysis and a regression analysis. Under the Civil Rights Act, a difference of 20% would be evidence of adverse impact creating a cause of action. As White examinees pass the first time at about an 85% rate, a 17-percentage-point difference meets the 20% requirement—something Black examinees, unfortunately, meet and something Asian examinees almost meet. Historically, this kind of difference in the bar examination was attributed to differences in the entering credentials of the various races—implying that examinees from Communities of Color are less well qualified than White examinees. Our results demonstrate that this explanation is incorrect. Because our dataset is an intra-school (within the school) dataset, we are comparing the bar results of White examinees with examinees from Communities of Color who both have similar entering credentials and receive the same legal education. In that context, race should not be correlated with the bar passage rate—if differing credentials are the cause of the differing bar pass rates. But as we show, those differences in bar pass remain. It is time to act. Bar Examiners must re-examine the bar exam and determine how race is impeding its ability to properly measure an examinee’s competence. This need to act is all the more vital given the coming changes to the 2026 bar examination.","PeriodicalId":82250,"journal":{"name":"Pace law review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135198597","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

Punishing Disclosure and Silencing Victims: How the California Family Law Courts Retraumatize Abused Children By Labeling Them “Alienated” 惩罚披露和沉默受害者:加州家庭法院如何通过给受虐待儿童贴上“疏远”的标签来重新给他们造成创伤

Pace law review Pub Date : 2023-10-08 DOI: 10.58948/2331-3528.2077

Carrie Leonetti

引用次数: 0

When it Happens Here: Reproductive Autonomy, Fascism, and Dobbs V. Jackson Women’s Health Organization 当它发生在这里:生殖自主，法西斯主义和多布斯V.杰克逊妇女健康组织

Pace law review Pub Date : 2023-10-08 DOI: 10.58948/2331-3528.2078

Robin Maril

引用次数: 0

What Law Schools Must Change to Train Transactional Lawyers 法学院必须改变什么来培养交易律师

Pace law review Pub Date : 2022-12-20 DOI: 10.58948/2331-3528.2064

S. Mcmahon