Emory International Law Review

Volume 32Issue 2
Articles

Law, Religion, and Immigration: Building Bridges with Express Lanes

Gideon Sapir & Mark Goldfeder | 32 Emory Int'l L. Rev. 201 (2018)

Throughout the world, the right to culture established the right for a national group to establish a nation-state. In Israel, this right establishes another right for Jewish people to immigrate to Israel, based in part on the right to self-determination. In recent history, this right applies not only to Jews by birth but also to anyone who converts to Judaism or has Jewish family ties. As a result, there have been proposals in Israel to curb this automatic right of immigration because, as the argument goes, immigration of this kind may weaken the dominance of Jewish culture in Israel. This Article addresses the history of the Law of Return, outlines some arguments for amending it, and introduces proposals for amending the current Law.

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Good Law for “Bad Hombres”

Matthew Neely | 32 Emory Int'l L. Rev. 255 (2018)

The rise of drug cartels in Mexico has attracted international attention. In particular, United States President Donald J. Trump has publicly discussed that he may send the U.S. military into Mexico to fight these cartels. If the U.S. military does enter Mexico, it is important to consider the constraints placed on these actors by the law of armed conflict and human rights law. This Article concludes that the violence in Mexico attributable to drug cartels cannot legally be considered an armed conflict. Instead, if the U.S. sends in military forces, these forces would be bound by human rights law. Based on both treaty and customary international law, human rights law must be considered by any foreign force entering Mexico to fight drug cartels.

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Comments

Public Health Crises and Abortion: The Need for a Reinterpretation of the Helms Amendment’s “Family Planning” Provision in Light of the Zika Epidemic

Leah Moczulski | 32 Emory Int'l L. Rev. 289 (2018)

Globally, there has been a significant backsliding in reproductive rights for women, encouraged, in part, by the implementation of anti-choice U.S. foreign policies. Specifically, the Helms Amendment to the Foreign Assistance Act of 1961 prohibits the use of U.S. foreign aid money to “pay for the performance of abortions as a method of family planning or to motivate or coerce any person to practice abortions.” This Comment focuses particularly on the effect its provisions have on the response to the Zika virus in Latin America. One of the emerging harms of the existing interpretation of the Helms Amendment is the threat that the policy poses toward infectious disease prevention efforts in Latin America. Instead, Congress and executive agencies, like USAID, should interpret the text of the Helms Amendment narrowly, applying it to prevent abortion services only in true instances where abortion is used as a substitute for family planning.

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License to Screen: A Review of the Medical Licensure Schemes Impacting Telehealth Proliferation in the United States, the European Union, and Australia

Peter Critikos III | 32 Emory Int'l L. Rev. 317 (2018)

Telehealth technologies offer a means to mitigate burdens on the United States’ health care system by allowing clinicians to furnish care from a distance. Unfortunately, state-based medical licensure restrictions inhibit the widespread adoption of these services. This Comment analyzes the experiences of the European Union and Australia in implementing licensure schemes that allow for the cross-border practice of medicine. In light of this analysis, this Comment recommends that the United States adopt a hybrid federal-state licensure model.

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