Month: October 2017

International Law

Rohingya Crisis: What the International Community Should and Can Do

October 30, 2017 Michelle Li 0

By Michelle Xinchen Li | October 30, 2017 Summary: Hundreds of thousands of Rohingyas are fleeing from a persecution of the Myanmar Army. The international community is struggling to classify this persecution and take action correspondingly. Hundreds of thousands of Rohingyas, a Muslim-majority ethnic minority group  in Myanmar, are fleeing across the border amid a mass persecution by the Myanmar Army. As a humanitarian crisis, the persecution has drawn wide criticism. However, from a legal perspective, many questions remain to be addressed: what is the domestic legal basis for the persecution? Does it violate international law? If so, on what grounds should the international community take action? The persecution started in October 2016 when several Rohingya militants attacked and killed nine police officers. The conflict soon triggered a military crackdown against Rohingya people, most of whom live in Rakhine State, a relatively remote region on the Western coast of Myanmar. The […]

International Law

Nepal’s Rock and A Gulf State’s Hard Place: The Ban on Women’s Migrant Labor

October 28, 2017 Joshua Smith 0

By Joshua Smith | October 27, 2017 The export of unskilled migrant labor is a pillar of the Nepali economy, but a cross-section of the nation’s most socio-politically marginalized populations compose the majority of this workforce. Nepal has continually prohibited any legal process for women under age thirty to pursue domestic work in Gulf Countries such as Qatar, Saudi Arabia, Kuwait, and the U.A.E. This exhausts most options for the unskilled other than exploitative, unsafe chartering through India’s nearby border. It pits a crisis very common in the homes of those Southern Nepalese: should I risk the danger of an illegal attempt to support my family? Foreign employment plays a vital role in the economic backbone of Nepal with over fifty percent of households receiving remittances from overseas. These payments funneled back from workers abroad made up thirty-one percent of the Nepali GDP as of 2015. Seventy-five percent of these […]

International Law

Catalonia: Civil War or Legal Secession?

October 25, 2017 Hunter Snowden 0

Summary: Catalonia is looking at the best opportunity for secession it has ever had but the Spanish government has deemed it unconstitutional. On October 1, 2017, Catalans stared down armed national police and tear gas to take their first proper steps towards independence from Spain. Meeting large resistance from the federal government in Madrid, Catalonia held a referendum vote to decide whether or not they would remain part of Spain. Despite 90% of the votes cast being in favor of independence, the Spanish Prime Minister went on national TV later in the day to say that “no official referendum had been held” and that any attempt at a referendum was unconstitutional. Are the people of Catalan actually engaging in an act of state-sponsored resistance? If they are not, is this another piece of the plan of the Spanish government to hold onto a part of their country that constitutes over […]

International Law

“Like A War”: The Venezuelan Protests

October 23, 2017 Nora Hafez 0

Summary: Venezuelan President Nicolas Maduro has been accused of silencing all political dissent by jailing journalists and tampering with elections. Venezuelans have responded through widespread protests. Nicolas Maduro and the United Socialist Party were elected in 2013, and ever since, his government has faced great criticism for oppressive practices.  The opposing party, the Democratic Unity Roundtable (Mesa de la Unidad Democratica), was founded in 2008 as a coalition of several former parties, in the hopes of preventing the control of the Socialists. The MUD initially led the National Assembly and attempted to enter discussions with Maduro, but in March 2017, he ended the assembly, sparking national protests. While Venezuela technically allows citizens to protest, Maduro specifically banned protests the weekend of the elections. He prohibited all public meetings and demonstrations, gatherings and other similar acts that might “disturb the electoral process.”  Those who violated the ban could have been sentenced […]

US Law

The Psychological Effects of Solitary Confinement: An Evolving Legal Interpretation

October 14, 2017 William Tong 0

By William Tong | October 14, 2017 While it is true that prisoners must be punished, justice and humanity necessitate that they be punished within the limits of the Constitution and accepted standards of human decency. But in contemporary American society, many prisoners are punished in the form of solitary confinement, where they have little access to external stimuli such as books or television, maintain no meaningful social interaction with others, and spend over twenty-two hours a day in barren solitude. In such a sterile environment, inmates can develop “serious psychological” issues ranging from “insomnia and confusion to hallucinations and outright insanity.”   Yet when the mental ramifications of solitary confinement are measured against the constitutional limits of punishment embodied in the Eighth Amendment, courts have consistently failed to find a violation. Although the issue of solitary confinement has been examined by many scholars, the existing academic dialogue surrounding the […]

Case Reviews

Cooper v. Harris

October 4, 2017 Neelesh Moorthy 0

By Neelesh Moorthy | October 4, 2017   Introduction   In May 2017, the Supreme Court struck down two North Carolina congressional districts (CD1 and CD12) as unconstitutional racial gerrymanders. The State argued regarding CD1 that race-based redistricting was done to comply with sections two and five of the Voting Rights Act of 1965. This defense reflected an inherent tension in the Court’s jurisprudence: simultaneously condemning race-based redistricting while mandating it in certain circumstances. Responding to CD12, North Carolina argued that they engaged in partisan, rather than racial, gerrymandering. The Supreme Court rejected both arguments, unanimously for CD1 but split 5-3 with regards to CD12. This article argues that the Court reached the correct outcome for CD1, but ignored its own precedent when evaluating CD12. Whatever one thinks of the outcome of this case, however, North Carolina redistricting is not free from legal contestation. The drafters of CD12 openly acknowledged […]