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23. Tulsa hospital: Refugees to Tuzla from Srebrenica & other surrounding towns. Hospital footage., undated
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The Court of Mass Incarceration
No full textBrown bag presentation by Rachel Barkow, Charles Seligson Professor of Law at NYU Law AND Faculty Director of the Peter L. Zimroth Center on the Administration of Criminal Law, on two works entitled, The Court of Mass Incarceration: How the Supreme Court Abandoned the Constitution and Played a Central Role in Filling America’s Prisons and Jails and Bordenkircher v. Hayes: Condoning Plea Bargaining, Condemning the Jury
Self-Insuring against Liability Risk: Evidence from Physicians’ Home Values in States with Unlimited Homestead Exemptions
No full textWe study whether individuals self-insure against uninsured liability risk by exploiting variations in state laws that allow individuals to protect some portion of the value of their homes against creditors. We test whether physicians take advantage of these laws to invest more in their homes to protect assets from malpractice claims exceeding liability policy limits. In states with unlimited homestead exceptions—laws that protect home equity from recovery by creditors—physicians invest 13 percent more in home value than in the absence of an exemption. Effects are larger where liability risk is greater; no effect occurs for other professionals of similar family income, family size, demographics, and city of residence. Our evidence suggests that individuals manipulate their financial assets to self-insure against liability risk when insurance markets are incomplete
“Kill, Rape, Control”: Gender-Based Violence by Gang Members in El Salvador as Crimes Against Humanity Under International Criminal Law
No full textIn the Northern Triangle countries (El Salvador, Honduras, and Guatemala), gang violence, particularly against women, girls, and LGBTQ+ persons, results in gross violations of human rights and is a major driver of forced displacement. Gang members systematically use gender-based violence, including rape, femicide, kidnapping, sexual slavery, and persecution of LGBTQ+ persons, to exert territorial control over the local population. However, the international community has failed to recognize both the severity and systemic nature of gender-based violence by gang members. This Note—which focuses on El Salvador, but has implications for the rest of the Northern Triangle countries—argues that gender-based violence by transnational gangs should be considered crimes against humanity under international criminal law because it constitutes a widespread systematic attack against the civilian population. Furthermore, this Note identifies concrete steps the international community can take to hold gang leaders individually responsible for gender-based violence not only in El Salvador, but in Honduras and Guatemala as well. The International Criminal Court should individually prosecute gang leaders for crimes against humanity. In addition, the UN Human Rights Council should establish an independent international fact-finding mission on gender-based violence by gang members in the Northern Triangle countries. Finally, this Note considers the potential ramifications under the Draft articles on Prevention and Punishment of Crimes Against Humanity