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PROMISES AND PITFALLS: FORMER LPRS QUEST FOR A SECOND CHANCE
Full text linkEvery year, the United States Immigration and Customs Enforcement (ICE) removes thousands of immigrants from the United States. In the fiscal year between October 2021 and September 2022, ICE executed the removal of 72,117 noncitizens, which is a 22% increase from the previous fiscal year. Of those removals, 44,096 noncitizens had criminal convictions or pending charges. According to the United States Department of Homeland Security (DHS), as of January 2022, an estimated 12.9 million lawful permanent residents (LPRs) live in the United States. About 970,000 of these LPRs obtained status before 1980, while the remaining 11.9 million obtained status after 1980. This entire population of LPRs is at risk for removal, even those who became LPRs and lived in the United States before 1980. The removal process, more commonly known as deportation, applies to any non-citizen currently within the U.S. regardless of lawful admission or status. While LPRs are granted lawful residency, this does not make them citizens, and as a result, they do not have the same legal protections, liberties, and privileges as citizens, making them vulnerable to deportation
Effectivity Evaluation of the Implementation of Environmental Compliance Program (ECP) in the Prevention of Pollution from Ships
Full text linkThis research paper was mainly focused on the issues that the maritime industry was facing concerning the effective implementation of the environmental compliance program (ECP). ECP was considered to be critical to preventing pollution at sea. Countless tons of trash and other contaminants are dumped into the ocean every year. The garbage was washed and ended up on our beaches. Some trash sank, while others accumulated into the ocean and were consumed by marine animals who mistakenly took it for food. The relevant literature cited in this research paper was the actual processes and practices that were used in the maritime industries. The aim was to use these practices and processes in order to have an effective ECP implementation. A qualitative method of research had been utilized in this paper by means of interviewing subject matter experts to support the assumptions and theory of change. This research paper has the potential impact on the maritime environment as it intends to achieve a significant reduction in maritime pollution at sea by those companies involved in commercial shipping.
Keywords: Environmental Compliance Program (ECP), Quality Management System, Maritime Pollution (MARPOL), Environmental Management System, Pollution at Se
COMMENT: INJURY-IN-FACT: SOLVING THE FEDERAL CIRCUIT COURT SPLIT REGARDING CONSTITUTIONAL STANDING IN DATA THEFT LITIGATION
Full text linkThis Comment explores the circuit split with regard to standing in data theft cases and proposes a solution for the Supreme Court to adopt. The federal circuits are divided between a more permissive “substantial risk” standard and a more prohibitive “certainly impending” standard. To resolve this split, the Supreme Court should adopt the more permissive substantial risk standard that only requires plaintiffs to show that there exists a substantial risk of future harm stemming from an actual data breach. When establishing constitutional standing, the Supreme Court should only require that plaintiffs establish the occurrence of an actual data breach that resulted in the theft of sensitive information
Comment: Ensuring Wages for California Restaurant Workers: Utilizing The Self-Help Prejudgment Wage Lien Tool
Full text linkWage theft runs especially rampant in California’s restaurant industry and these workers are highly susceptible to worthless wage judgments. Some estimates found restaurant workers account for up to 10% of wage claims filed with the Labor Commissioner each year.
Although wage theft is a nationwide epidemic crossing various industries, this Comment explores the wage theft crisis in the context of low-wage restaurant workers and the obstacles they face when recovering unpaid wages. This Comment argues that a self-help prejudgment wage lien tool is an ideal solution to ensure restaurant workers can collect unpaid wages
Putin’s Arrest Warrant: The What and the Why of “Unlawful Deportation of Children”
Full text linkEarlier this year, the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin, president of the Russian Federation. The charge: unlawful deportation of children, a war crime. While there have been many calls to prosecute Mr. Putin for alleged war crimes in Ukraine (indeed, the United States even passed a new law which could allow such a prosecution in the U.S.), some might be wondering what “unlawful deportation of children” exactly entails and why the ICC chose this particular charge
California Restaurant Workers Seeking Justice at the Workplace
Full text linkAccording to a finding by the Economic Policy Institute, about $2 billion in wages are stolen from workers in California every year. A report by the National Employment Law Project (NELP) found that over 1 in 10 workers in California are paid less than the state minimum wage. To an individual worker, the stolen wages can equal more than two months’ rent, three months of childcare, and nearly a year’s worth of groceries for themselves and their family. These workers are oftentimes people of color, women, and immigrants in the restaurant industry
COMMENT: Technology & Textualism: A Case Study on the Challenges a Rapidly Evolving World Poses to the Ascendant Theory
Full text linkIn Encompass Insurance Co. v. Stone Mansion Restaurant Inc., the Third Circuit relied on a technical reading of the statute and a strict textualist analysis to conclude that the stratagem known as “snap removal” was permitted under the plain language of 28 U.S.C. § 1441(b)(2). This provision codifies the so-called “forum defendant rule,” providing that “[a] civil action otherwise removable solely on the basis of . . . [diversity] jurisdiction . . . may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” The Third Circuit ruled that under the plain language of the statute, forum defendants could, in fact, remove to federal court under certain circumstances. Using this little-known technique, a defendant sued in a state court in its home state may circumvent the forum defendant rule and remove the matter to federal court so long as they file the notice of removal before they are “properly joined and served.”
This article will explore the tensions between textualism and the realities of modern litigation as revealed in Encompass and its progeny. It explains the underpinnings of textualism and briefly discusses the basics of removal and the forum defendant rule, as well as snap removal.
Various district court decisions that have grappled with snap removal are analyzed, and Encompass is discussed in detail
Combating Transnational Organized Crime in Thailand
Full text linkGlobalization is described as the removal of barriers to facilitate the movement of goods and funds across national borders. However, this phenomenon has also benefited transnational organized crime networks by providing them opportunities to create new markets for illicit goods and services or infiltrate businesses or governments. In addition, the nature of criminal activities has changed due to the actions of organized criminal groups that commit crimes in one state but carry out the majority of their preparation, planning, direction, and participation in another state. As a result, transnational organized crime activities have an effect on the criminalization and collection of evidence in various countries based on their respective criminal law systems. Thailand, in particular, has experienced a disproportionate share of the direct effects of transnational organized crime due to its location as a source, destination, and receiving country for transnational criminal organizations. This puts Thailand at risk for offenses, such as human trafficking and drug trafficking, that are committed by transnational criminal groups.
Combating transnational organized crime is one of the international community’s most significant challenges. On the one hand, this is because international laws require an explicit definition of transnational organized crime. On the other hand, the United Nations Convention against Transnational Organized Crime (UNTOC) has aimed to make transnational organized crime as broad and adaptable as possible in order to combat future instances of organized crime. Thus, measures to combat transnational organized crime must consider the concepts governed by international laws, especially transnational criminal law.
The purpose of this study was to seek and examine the adoption of applicable international laws, related international and regional conventions, model treaties, and agreements for combating transnational organized crime in Thailand. As a result, the success of prosecuting transnational organized crime at all levels has increased the interest in cooperating with other countries and international, regional, and national organizations to fight against it. However, this study contended that although Thailand has domestic laws in place to combat transnational organized crime, there are challenges to prosecuting crimes, such as corruption, money laundering, participation in organized criminal groups, obstruction of justice, and other related offenses. Hence, this study demonstrated that Thailand needs to improve its operations in cooperative efforts, legal framework, administrative measures, political issues, and corruption.
Therefore, this study calls on international and regional organizations and the Thai government to address the highlighted challenges and suppress and prevent them through international cooperation and following international standards. Finally, the study suggests several recommendations for improving the fight against transnational organized crime at all levels
Humanitarian Protection in International Refugee Law, Sexism and Exclusion: Case for Human Rights Assessment
Full text linkThe overall purpose of the 1951 Convention Relating to the Status of Refugee (Refugee Convention) and its 1967 Protocol is to protect refugees fleeing persecution and threat to life. Established in the aftermath of World War II (WW II), Article 1. A(1) of the Refugee Convention centered the meaning and criteria for refugee protection on the circumstances of the War. Thus, the status of a refugee is framed from persecution feared or suffered “on account of” race, religion, nationality, political opinion, and membership in a particular social group. More than seven decades after WW II, the scope of the definition has subsisted, despite the changing paradigm in the circumstances and responses to involuntary migration. This is not without consequences. With compelling demands in forced migration, the international community has developed different approaches towards the refugee crisis, yet with minimal solutions.
Despite the massive outcry to address the complex challenges of refugees, hostile attitudes to protection seekers remained daunting and overly pervasive in the international arena. Humanitarian protection of refugees is one of the most crucial yet mismanaged obligations of international law. With increasing demands for humanitarian protection, many destination countries perceive refugees as symbols of conflict, economic burden, and insecurity. This results in rejection, denials, pushback, detention, and refoulement, as well as a clash between political interests and international obligations to protect. Even where host states may exercise discretion to protect, such commitment is subject to the eligibility requirements of Article 1. A(1) and subject to excludability. Because the state functions as an operational instrument for international refugee law (IRL), the limitations of IRL are replicated in domestic laws with detrimental consequences on “unCovention” refugees. Women are the most disadvantaged given that sex is excluded from the status of refugees and grounds of protection. This gives cause to interrogate the nondiscriminatory principle of the Refugee Convention and its 1967 Protocol, and conformity with the norms of international human rights law.
This dissertation explores sexism in IRL and the exclusion of women’s experience from the framework of humanitarian protection. It traces the problems of nexus generated from the limitations of refugee inclusion and their intersectionality with gender exclusion and the framing of laws of excludability. The analysis of state practice stresses the interconnection between law, policy, and practice. Centering on the United States jurisprudence, the study investigates the irregularities in the construction of the refugee inclusion and exclusion laws and the associated interpretative barriers that affect the application. The findings are contextualized with lessons from other jurisdictions of selected common law countries—Australia, Canada, and the United Kingdom (UK). Law and human needs are dynamic. Therefore, this study examined the effects of inflexibility and lack of diversity in a seventy-two-year Refugee Convention and the prospects of change for a sustainable inclusive refugee regime. In view of these, this study makes recommendations including re-conceptualizing the criteria of refugee eligibility that reflect human realities in contemporary society and taking cognizance of the human rights principles of IRL under the Convention Against Torture (CAT)
