International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 12 (7), pp. 001-009, July, 2024. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

A feminist perspective on domestic violence law and policy: Investigating law enforcement and potential biases in Alaska

Carmen M. Cusack

Nova Southeastern University. E-mail: [email protected].

Accepted 23 April, 2024

Abstract

Intimate partner violence (IPV) correlates to patriarchal attitudes and disproportionately affects women. Previously, feminists fought IPV by using the criminal justice system. Now, feminists are examining the criminological data, and questioning whether the criminal justice system treats IPV with patriarchal attitudes and paternalistic policies that further diminish the power of women while continuing to favor masculine gender roles. The State of Alaska’s treatment of IPV serves as a prime example of how patriarchal attitudes, at best, lend to paternalistic justice even though the state judiciary and the ninth circuit routinely and actively strive to implement social justice. In order to thwart IPV, feminists, law makers, and the State of Alaska must retool attitudes and policies. This article discussed data which demonstrates that patriarchal thinking and attitudes can contribute to IPV and examines how patriarchal perspectives can underlie and shape IPV law and policy. It considers why it would be better to preemptively redefine society instead of continuing to respond to IPV using patriarchal norms. If patriarchal perspectives cannot be preempted, then the criminal justice system should respond to IPV with feminist solutions. It also discusses the alternative, feminist solutions for dealing with IPV in the criminal justice system and concluded on the argument and calling for action.

Key words: Patriarchy, Alaska, criminal justice, feminism, intimate partner violence.
 

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 12 (6), pp. 001-014, June, 2024. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

The role of competing authorities in shaping law and order after conflict in Guatemala

Ami C. Carpenter*, Anu Lawrence and Milburn Line

University of San Diego 5998 Alcala Park San Diego, CA 92110.

Accepted 21 April, 2024

Abstract

This study analyzes the contested authorities that deal with land and criminal conflict in the Ixil Region of Guatemala. We studied the local laws, customs and actors governing the use of violence, conflict resolution and justice. Actors included indigenous NGOs, individual leaders (community and municipal), youth gangs, armed security patrols, and organized criminal networks. Findings suggest that the Guatemalan State competes for authority with alternative forms of governance in the Ixil Region of Guatemala. Specifically, control over violence and rulemaking are contested and negotiated across three institutional categories: methods of control imposed by local security groups and organized criminal networks; indigenous and constitutional law; and municipal, auxiliary and indigenous mayors. Our findings suggest that while violence may be reduced to the extent that these social networks overlap, weak rule of law will continue to negatively impact human rights and security in this region.

Key words: Conflict resolution, Guatemala, governance, law, alternative governance, organized crime, indigenous law, criminal networks, Derecho Maya, land conflict.
 

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 12 (5), pp. 001-005, May, 2024. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

Analyzing the Efficacy of Current Maritime Security Laws Against Piracy and Terrorism

Sanjeet Ruhal

Faculty of Law, University of Delhi, Delhi, India. E-mail: [email protected]. Tel: 9868921956.

Accepted 10 March, 2024

Abstract

In contemporary times, the subject of maritime security is no longer a traditional concern of naval forces but has evolved into a grave problem with cause and effect on shipping industry and states. The laws related to piracy, maritime terrorism and open registry system (flag of convenience) seem to be inadequate and even unclear. The security measures adopted by states under the directions of International Maritime Organization are having some contradictions to General Principles of International Law and hence, there lies a need to carry-out research with a view to bring out a thesis and anti-thesis to synthesise the State Sovereignty and the common interests of all. The research focuses on the major threats to maritime security.

Key words: Piracy, maritime terrorism, containerization, flag of convenience, ship security.
 

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 12 (4), pp. 001-014, April, 2024. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

Authority and Validation in Inheritance Law in Nigeria: A Critical Examination of Section 42(2) of the 1999 Constitution

Paul Okhaide Itua

Department of Commercial and Industrial Law, Ambrose Alli University, P. M. B. 14, Ekpoma, Edo State, Nigeria.
E- mail: [email protected].

Accepted 09 February, 2024

Abstract

The concept of “legal pluralism” exists in Nigeria wherein three systems of law are simultaneously in operation. The interactions between these systems of law with respect to a common subject matter have resulted in serious internal conflicts of laws and human rights issues. The interactions between common law, statutes and customary law on the subject of legitimacy and legitimation offer a more complex problem. The situation is further compounded, when it is viewed against the backdrop of succession. With the enactment of Section 42 (2) of the 1999 Constitution, many public affairs commentators, lawyers, social workers and some Human Rights activists were of the opinion that the concept of illegitimacy has been abolished in Nigeria by that section of the Constitution. Unfortunately, this initial optimism has paved way to despair in certain aspects concerning succession on intestacy. This paper therefore seeks to examine the concepts of legitimacy, legitimation and succession in Nigeria, with a view of evaluating the legal effect of Section 42 (2) of the Constitution of the Federal Republic of Nigeria, 1999 as amended on the rights to inheritance of an illegitimate child in Nigeria. Also the study shall suggest ways in which the lacuna that still exist in spite of the Constitutional provisions can be address and further enhance the status of person born out of wedlock.

Key word: Legitimacy, legitimation, succession, Nigerian Constitution rights of inheritance.

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 12 (3), pp. 001-008, March, 2024. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Review

The impact of anti-Muslim sentiment on Muslim immigrants and their advocates 

Thomas W. Donovan

American University, J. D. New York Law School, Thomas W., Donovan is managing partner of the Iraq Law Alliance, PLLC and is based in Baghdad, Iraq. E-mail: [email protected]. Tel: +964 (0)771.358.6705.

Accepted 18 January, 2024

Abstract

The so-called “war on terrorism” that the United States has declared as a response to the 9/11 tragedy has affected Muslim-Americans, perhaps more than any other group. Many of these people are victims of what may be called “islamaphobia” the fear or suspicion of Muslims or those who appear to be of middle-eastern origin. As a result, many Muslims avoid disclosing their heritage, isolate themselves from non-Muslims, and give up pursuing many of the opportunities that are available to immigrants of other cultures. In the resulting self-segregation and isolation, many are vulnerable to victimization and exposed to anti-western indoctrination. In the current climate of suspicion Muslims have less access to helping professionals including social workers, lawyers, and immigrants rights specialists. Advocates, in turn, find that their efforts to help are thwarted by their clients’ understandable apprehension and suspicion. This article offers some suggestions about how advocates might overcome these challenges and provides better services for those in need.

Key words: Islamaphobia, immigrant, Islam, Muslim, immigration law, legal and xenophobia.

International Journal of Law and Legal Studies ISSN 2736-1608 Vol. 12 (2), pp. 001-010, February, 2024. Available online at www.internationalscholarsjournals.org © International Scholars Journals

Full Length Research Paper

Enhancing access to e-resource materials for lawyers at Madras High Court

S. Thanuskodi

Library and Information Science Wing, Directorate of Distance Education Annamalai University, Annamalai Nagar – 608 002, Tamil Nadu, India. E-mail: [email protected].

Accepted 2 November, 2023

Abstract

Adequate knowledge about the information seeking behaviour of users is vital for developing library collections, services and facilities to meet their information needs effectively. The purpose of this study is to identify the information channels used by the junior lawyers of Madras high court. A questionnaire was distributed to 1000 advocates of Madras high court and 710 filled in questionnaires were returned, giving an overall response rate of 71%. It was found that majority of the junior advocate respondents (40.57%) make library visit thrice a week. The junior advocate respondents occupy the fifth position in their overall satisfaction on all legal information networks and fee based e-resources. The junior advocate respondents top the position with respect to their overall problems in accessing e-resources as their secured mean score is 3.94 on a 5 point rating scale.

Key words: Library services, Madras high court, advocates, e-resources, CD-ROM database.