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Pressured Exit
Get PDFThis Article upends the traditional framing of the United States as a migrant-receiving country by examining a growing category of emigrant outflows: U.S. citizens who have been compelled to depart permanently because of conditions of vulnerability. Eschewing use of the generic term expatriate, this Article contends that these U.S. citizens are most accurately described as pressured migrants who have exited due to identity-based mistreatment, gaps in the social safety net, or concerns about deteriorating social and political conditions in the United States. By focusing on these departures, this Article aims to further theorize and provide a lexicon for a subtype of human mobility that lies at the interstices of refugee flows and lifestyle migration, somewhere between involuntary and voluntary migration. The Article presents a typology of U.S. citizen pressured migrants and catalogs the migratory vehicles they have used to gain entrance to other countries, including programs for diasporic descendants, retirees, and investors, as well as conventional immigration pathways. This Article also explores the prominent role that private immigration brokers play in facilitating exit from the United States. It concludes by examining the broader significance of these departures for scholarly debates about U.S. citizenship, the relationship between overseas citizens and the state, the influence of privilege and coloniality in migratory moves, and the creeping clout of the exit industry
The Constitutionality of Barring Undocumented Immigrants from Second Amendment Protections
Get PDFUnder current federal law, undocumented immigrants remain unable to access one of the most fundamental rights contained within our Constitution: the Second Amendment right to keep and bear arms. Several undocumented immigrants have challenged the constitutionality of the federal prohibition (18 U.S.C. § 922(g)(5)(A)), resulting in a three-way circuit split on whether undocumented immigrants are protected by the Second Amendment. The Supreme Court, however, has remained silent on the issue, leaving undocumented immigrants unprotected.
The Supreme Court’s 2022 Second Amendment decision, N.Y. State Pistol & Rifle Ass’n v. Bruen, upended the traditional method of constitutional review, means-end scrutiny, in favor of a textual-historical approach to Second Amendment challenges. This Comment applies the two-step approach elucidated in Bruen, arguing that (1) undocumented immigrants are part of “the people” and thus are protected by the plain text of the Second Amendment and (2) that the nation’s history of firearm regulation is not consistent with a categorical ban on undocumented immigrants’ firearm possession. Accordingly, this Comment concludes that the Supreme Court should strike down § 922(g)(5)(A) as violative of the Second Amendment
The Exceptional Dead: Human Remains as Property, Non-Property, and Cultural Property in Armed Conflict
Get PDFInternational humanitarian law mandates that the dead must be respected and protected in armed conflict. Among other things, parties to an armed conflict must ensure that the dead are treated with dignity and that their bodies are not despoiled, pillaged, mutilated, or otherwise maltreated. Not all human remains located on the battlefield, however, will have a direct nexus to the fighting. Some, like those of Prince Grigory Potemkin, a historical figure whose bones were seized by Russian forces from a Ukrainian church in 2022, might even pre-exist an ongoing conflict. Whether rules applicable to the dead apply to such remains is debatable. The international humanitarian law governing the dead implicates the bodies of combatants and civilians killed in conflict, not those of remote figures from the past. How, then, should the bodies of long-dead people be evaluated under international humanitarian law? This Article examines a particular subset of human remains—the remains of what the Article describes as the “exceptional dead”—and determines whether such material can be treated as property under the law of armed conflict. The Article then explores the “no-property” rule in dead bodies and its effect on the protection of human remains in armed conflict. Lastly, the Article considers whether the remains of the exceptional dead might qualify as cultural heritage material entitled to protection as cultural property under international humanitarian law
Are the MDBs Accountable? Reflecting on the Independent Accountability Mechanisms of the Multilateral Development Banks
Get PDFThe International Accountability Mechanisms of the Multilateral Development Banks provide important insights into how to hold intergovernmental organizations to account for their environmental and social impacts. This perspective identifies how the IAMs hold the Banks to account according to the six standard questions of accountability: who is accountable, to whom, for what are they accountable, and what are the standards, processes, and sanctions employed to demonstrate that the MDBs are accountable. This highlights what the IAMs can and cannot hold the MDBs to account for, and how this might shape further international grievance mechanisms for people seeking to defend their lives, livelihood and land in light of global processes of production and exchange, climate breakdown, and species extinction
Updating the Caroline Doctrine: A Relic In an Age of Hypersonic Weapons
Get PDFThe United States dropped “Little Boy” and “Fat Man” on the cities of Hiroshima and Nagasaki in 1945, bringing an end to World War II and killing between 110,000 and 210,000 people. Japan surely needed much more than rock and roll to help them—especially since Japan had no nuclear weapons of their own to deter the United States from attacking with nuclear weapons. Nuclear weapons technology has evolved considerably in the years since 1945, when only the United States possessed nuclear weapons. Nine states now have or are suspected of having them, and at least one other state appears to be working towards a nuclear weapons capability. Delivery systems have become faster, stealthier, and more accurate while the quantity, explosive yield, and lethality of nuclear explosive devices have also increased. With the potential to cause immeasurable destruction, world leaders have for decades sought to decrease the threat of nuclear war, reduce nuclear arsenals, and—most importantly—prevent further proliferation of nuclear weapons
World Bank\u27s Roadmap and the Inspection Panel\u27s Human Rights Responsibilities
Get PDFThe World Bank has been under pressure to devise a process for “evolving” its mission, operations, and resources, acknowledging that decades of engagement with low- and middle-income countries has resulted, paradoxically and contrary to its official mission, in a “crisis of development.” The Bank bluntly notes in the opening to its paper “Evolving the World Bank Group’s Mission, Operations, and Resources: A Roadmap,” issued in December 2022, “after decades of progress, growth and poverty reduction have stalled.” Indeed, this “crisis of development” threatens to unleash political instability around the world
Why Criminalize Ecocide? Experts Weigh In
No full textOn Sept. 9, three Pacific Island states – Vanuatu, Fiji, and Samoa – announced their submission of a formal proposal to amend the International Criminal Court’s statute to make ecocide an international crime. It bears noting at the outset: Amending the Rome Statute is, politically, a Herculean task so no one should expect to see an international prosecution for ecocide anytime soon. However, the advent of this submission by states who have been at the forefront of pushing international law to grapple with the realities of climate change spotlights a vital question:
What do engaged stakeholders imagine that the international criminalization of ecocide can achieve?
International criminal law has various goals including deterrence, retribution, expressivism, and the creation of an accurate historical record. It also, and especially since the advent of the International Criminal Court, has the ability to capture the imagination of the global public to a degree that vastly outstrips its actual resources. One negative consequence of this misalignment is the risk that the international criminalization of any behavior raises expectations that exceed what international criminal law can provide.
With these realities in mind, it is an opportune moment to ask what those closest to the efforts to make ecocide an international crime believe that criminalization can achieve. And, to the extent that any consensus emerges, to begin the work of connecting legal theories to actionable outcomes for those most affected by environmental destruction
Law Enforcement Use of Facial Recognition - A Comparative Approach Between the United States and Europe to Tackle the Racial Bias of Facial Recognition Against People of Color
Get PDFThis article is focused on the use of Facial recognition technology (FRT) by law enforcement in the United States and Europe and the issue of racial bias
From Alienation to Rootedness: Discrimination Against Indigenous Peoples in the Philippines through Education
Get PDFThis article tackles the existing discrimination against indigenous peoples in the Philippines in law, policy, and practices. This article discusses indigenous peoples in context, the international and domestic legal framework on IP rights, and the legal (and moral) right to education and the right to indigenous education
Municipal Abortion Bans: When Local Control Clashes with State Power
Get PDFAnti-abortion activists are using different strategies in different states. Some focus on restricting zoning for abortion clinics. Others address the licensure of abortion providers. Some purport to create a cause of action for private individuals to sue neighbors and others in their municipality who get an abortion. Still, others seek to enforce the federal Comstock Act, alleging that it prohibits the mailing of abortifacients and preempts state abortion law to the contrary.
This Article evaluates the likely success of each of these strategies in two states in which they are currently being tried: Nebraska and New Mexico. Part I will provide an overview of relevant municipal law, emphasizing the power of different kinds of municipalities to regulate issues addressed in the abortion ordinances this article will consider. Part II will examine several different types of ordinances some municipalities have adopted in the wake of the Dobbs decision and their likely legality in the settings in which they were passed. Part III will draw several conclusions about the legal ability of municipalities to adopt ordinances that alter the availability of abortion within their jurisdictions or the prosecution of its provision in comparison with relevant state law