Laws2014, 3(1), 163-178; doi:10.3390/laws3010163 - published online 24 February 2014 Show/Hide Abstract
Abstract: This article examines major changes in the migratory policy of the Dominican Republic over the last decade, and how they possibly relate to the consolidation of racist perceptions of the Other, prevalent since the Haitian and Dominican independence wars in the early 19th century. Generally focusing on the intersection of politics, exclusion, and Otherness, the paper takes a multidisciplinary approach fundamentally focused on the juridical and legislative processes, whenever the rule of law is presented as a legitimizing vehicle through which racism is expressed. Considering the conceptual usefulness of migration as a threat, the article problematizes cultural and biologic understandings of Haitian migrants in the Dominican Republic, and their legislative reduction to ‘bare life’. It finally examines the convenience of Haitian lives for the Dominican State, conditioned by de facto and de jure processes of exclusion.
Laws2014, 3(1), 153-162; doi:10.3390/laws3010153 - published online 24 February 2014 Show/Hide Abstract
Abstract: During the first two centuries of European colonization of what is now the United States, executions for a variety of offenses relatively frequently involved mass executions, that is, the execution for the same criminal incident of four or more persons. By the time of American independence, some of those crimes had largely ceased to exist or to elicit such punishment, like witchcraft and piracy. However, the punishment of slaves and Indians kept the percentage of executed persons involved in mass executions significant, if not large. During the last quarter of the 19th and first six decades of the 20th century, mass legal executions diminished as a percentage and were largely limited to punishing robbery-related homicides, including felony-homicides of conspirators. Throughout that period, the end of mass executions for a particular crime presaged the end of all executions for that offense, and the last mass legal execution occurred in 1960.
Laws2014, 3(1), 141-152; doi:10.3390/laws3010141 - published online 17 February 2014 Show/Hide Abstract
Abstract: Life under sentence of death can be a transformative process. One measure of this transformation can be found in last words, which often highlight the humanity of condemned prisoners on the threshold of execution, in sharp contrast to popular conceptions of these prisoners as evil, remorseless, and irredeemable. Our reading of last words suggests that the transformation process can be best understood by examining the dominant contours of the death row experience, the most recent formative experience in the lives of condemned prisoners before they are put to death.
Laws2014, 3(1), 117-140; doi:10.3390/laws3010117 - published online 27 January 2014 Show/Hide Abstract
Abstract: This paper demonstrates how the legitimate interests of immigrants are gradually being recognized through judicial application of EU immigration law. A philosophical and theoretical introduction demonstrates how this recognition constitutes a political momentum. After a brief review of the impact of the ECtHR, we discuss the case law of the ECJEU on the Return Directive to show how, through the principles of proportionality and sincere cooperation, this legitimate interest is indirectly being calculated by the Luxembourg court. This means that national courts will have to follow suite, as is demonstrated in the last section of this paper. Hence the title of the article: the political potential is due to this indirect recognition. In the conclusion, a suggestion is made to further develop this potential.
Laws2014, 3(1), 106-116; doi:10.3390/laws3010106 - published online 22 January 2014 Show/Hide Abstract
Abstract: The field of online dispute resolution (ODR) is developing both as practice and a profession. Evidence of this includes a growing community of scholars and practitioners. A Canadian International Development Agency (CIDA) grant permitted 16 practitioners from developing countries to attend the 2008 ODR Forum in Victoria, British Columbia. In the year following the Forum, an evaluation was conducted to identify changes among these practitioners’ behaviors, knowledge, skills, abilities and credibility. Results indicate that ODR practitioners in developing countries are engaged in a wide range of activities, many of which are technologically and logistically complex. These practitioners also face a number of political and infrastructural challenges that are not as commonly experienced by those from developed nations. Taken together, these realities have implications both for the nature of ODR’s proliferation as a legitimate practice, as well as for the provision of education and training concerning its underpinnings.