Emory International Law Review

Volume 31Issue 2

LADO and the Need for Uniform Procedures in European Asylum Proceedings

Carla T. Elias Nava | 31 Emory Int'l L. Rev. 299 (2017)

Individuals’ linguistic features have often been used to provide evidence of speakers’ national origin. The use of language analysis for the determination of origin (LADO) in asylum proceedings has led to inconsistencies in the treatment of asylum applications, as different nations use different procedures of analysis. Although it has not responded specifically to the use of LADO, and the European Union has acknowledged the need for equal treatment of asylum applications through the development of the Common European Asylum System. This Comment applies the purpose of the CEAS to the use of LADO and argues that, like the CEAS, an established and trusted LADO procedure must be established. The lack of uniformity in LADO procedures had led to inaccurate conclusions—for nations to assess asylum applications consistently throughout the European Union, a standard LADO procedure must be implemented in the CEAS.

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The Prisoner as One of Us: Norwegian Wisdom for American Penal Practice

Emily Labutta | 31 Emory Int'l L. Rev. 329 (2017)

The United States has some of the highest crime and recidivism rates in the world, while Norway has some of the lowest. This Comment explores the factors behind these rates, including each country’s penal goals, structures, and laws. Major differentiating factors between the two systems include the sentencing structure of the U.S. and the Norwegian principle of normality. Under the principle of normality, Norway seeks to reintegrate its offenders into society. Norway combats the negative side effects of prison that isolate the prisoner from society, reinforce bad habits, and make reintegration upon release nearly impossible. This Comment proposes that the U.S. could achieve similar results by integrating its current focus on retribution with Norwegian-style rehabilitation. If the U.S. lowered its sentences and incorporated the principle of normality into prisoner treatment, the U.S. and its prisoners would benefit from lower crime and recidivism rates.

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