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Roy Balleste, The International Status of Jerusalem: The Legacy of Lasting Peace, 43 Revista de Derecho Puertorriqueno 249 (2004)Clicking on the button will copy the full recommended citation.
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Luz Estella Nagle, Colombia Asylum Seekers: What Practitioners Should Know about the Colombia Crisis, 18 Geo. Immigr. L.J. 441 (2004)Clicking on the button will copy the full recommended citation.
The decades-long internal armed conflict in Colombia has created a mass migration of Colombian nationals from all levels of Colombian society to flee to the United States in search of political asylum and a chance to start new lives. Many asylum seekers have been subjected to unspeakable abuse and persecution by illegal armed groups and political movements that employ violence to assert power over citizens. The government has been largely unable to protect many people caught up in political turmoil, in part due institutional corruption and the effects of Colombia being a weak state in terms of its government institutions and inability to protect the constitutional and human rights of all Colombian citizens. While many asylum seekers have legitimate claims for asylum in the United States, at the same time, some Colombians seek to misuse asylum protections as a way to gain entry into the United States. The author suggests that a “formula” circulates throughout the Colombian immigrant community for unscrupulous individuals to follow to make claims for asylum for which they are not entitled. This article examines real claims for asylum and how some Colombians rely on the naiveté of American lawyers and judges to juice the system and gain asylum under false and manufactured pretenses. The article weaves a cautionary tale for what immigration lawyers should know about what is really happening in Colombia and what warning signs they should look for in determining the veracity of Colombian asylum claims.
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Luz Estella Nagle, Placing Blame Where Blame is Due: The Culpability of Illegal Armed Groups and Narcotraffickers in Colombia’s Environmental and Human Rights Catastrophes, 29 William and Mary Envtl. L. and Policy Review 1 (2004)Clicking on the button will copy the full recommended citation.
Environmental devastation of man-made origin threaten some of the most sensitive regions of Colombia, where the biodiversity found there is among the most unique in the world. Deforestation due to the cultivation and processing of coca and opium, the collateral damage to the environment from drug interdiction and eradication programs, and the slash and burn agriculture practiced by farmers involved in drug production and displaced indigenous groups forced out of their homelands by drug traffickers have had a drastic impact on Colombia’s precious national resources. The spillover effect of drug trafficking has also impacted sensitive environments in neighboring states, as well. For too long, the illegal armed groups and narcotraffickers causing the environmental devastation have gone without being held accountable for their damaging practices, and the inability of the Colombian government to confront drug-related environmental damage has resulted in increased stress on Colombia biodiversity and indigenous territories. This article examines the impact of drug cultivation and processing on the Colombian environment, the laws and enforcement capacity of the nation to fight it, and looks at how the nation and the international community can curtail the loss of more of Colombia’s natural treasures.
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Roberta Flowers, Introduction, 34 Stetson L. Rev. 1 (2004)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Cybercrime-Cyberterrorism, 19 Nouvelles Études Penale 283 (2004)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, Diversity and Democracy, 72 U. Cin. L. Rev. 961 (2004)Clicking on the button will copy the full recommended citation.
For decades, American law has debated, inconclusively, whether the great legal pronouncements against race discrimination permit “affirmative action.” As a means of ending much of this debate, this article argues that it may be a good time for Congress to answer this question directly. For decades, it was assumed that affirmative action would never be accepted explicitly by legislatures; it would have to be adopted through less democratic means. But attitudes have changed, and the time might be ripe for straighter talk and a democratic solution to the affirmative action debate.
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Rebecca C. Morgan, The Practical Aspects of Practicing Elder Law–Making Your Office Elder Friendly, 38 ABA Fam. L.Q. 269 (2004)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Cybercrime: National, Transnational, or International?, 50 Wayne L. Rev. 97 (2004)Clicking on the button will copy the full recommended citation.
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Paul Boudreaux, The Electoral College and Its Meager Federalism, 88 Marq. L. Rev. 195 (2004)Clicking on the button will copy the full recommended citation.
The odd system for choosing the American president – the electoral college – has been defended on shifting grounds over the years. Only one of these grounds – federalism – currently remains. This article examines the historical record and concludes that federalism was not a significant reason for adoption of the system. Today, the electoral college provides at best a very meager form of federalism. Conversely, it encourages candidates to ignore states during each election and holds the potential for great mischief, including the election of a truly “regional” president.
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Ellen S. Podgor, Department of Justice Guidelines: Balancing “Discretionary Justice”, 13 Cornell J.L. & Pub. Pol'y 167 (2004)Clicking on the button will copy the full recommended citation.
Prosecutors are afforded enormous discretion in a multitude of decisions. Internal guidelines of the Department of Justice (DOJ) assist federal prosecutors in making the decisions that fall within their discretionary realm. Although these guidelines are policy statements and not legislative rules, they offer an element of consistency to the decision-making process, provide education for newcomers to the department, and can serve as a restraint on prosecutorial discretion.
Prosecutors do not always adhere to these internal guidelines. This article studies ways to achieve better compliance. It examines remedies that achieve a balance between continuing the practice of having guidelines and yet also having meaningful policies that are adhered to by department employees.