American Journal of Law and Policy

The Intersection of Immigration Policies and Human Rights

Demtillah Wanjiru — Sat, 20 Jan 2024 00:00:00 +0000

In an era marked by unprecedented global migration, understanding the intricate interplay between immigration policies and human rights has become an imperative task, demanding a comprehensive exploration of the multifaceted challenges and opportunities at the crossroads of legal frameworks and fundamental rights. The main purpose of the study was to explore the intersection of immigration policies and human rights. The study was anchored on the Social Contract Theory. The study conducted a comprehensive examination and synthesis of existing scholarly works related to the intersection of immigration policies and human rights. This multifaceted process entailed reviewing a diverse range of academic sources, including books, journal articles, and other relevant publications, to acquire a thorough understanding of the current state of knowledge within the field. Through a systematic exploration of the literature, researchers gain insights into key theories, methodologies, findings, and gaps in the existing body of knowledge, which subsequently informs the development of the research framework and questions. This study, spanning North America, Europe, and Africa, uncovered nuanced findings that underscore the intricate relationship between immigration policies and the safeguarding of human rights. The research illuminated disparities in the treatment of migrants across diverse geographical contexts, revealing variations in the alignment of legal frameworks with international human rights standards. Notably, gender-specific challenges, detention practices, and economic rights emerged as crucial factors influencing the human rights landscape for migrants, prompting calls for reforms. The study emphasized the pivotal role of non-governmental organizations in filling gaps where national policies fell short and highlighted the significance of informed public discourse for supporting rights-based immigration policies. The findings emphasize the importance of aligning immigration policies with international human rights standards and advocate for context-specific policy interventions. Beyond academia, the study has implications for policymakers, advocacy groups, and the broader public, urging a rights-based approach in crafting and implementing immigration policies. The call for collaboration between governments, NGOs, and civil society resonates as a central theme, emphasizing the collective responsibility to address identified gaps and fortify protective mechanisms for migrants. The study contributes significantly to theoretical frameworks by enriching the understanding of the relationship between immigration policies and human rights through the lens of Social Contract Theory. It provides practical insights by identifying challenges within immigration policies, offering evidence-based recommendations for policymakers, and bridging the gap between theory and policy. Ultimately, the research advocates for recalibrating immigration policies to prioritize human rights, fostering a more just and equitable global landscape for migrants.

The Role of Legal Frameworks in Addressing Online Hate Speech and Cyberbullying

Sonia Ebube — Sun, 21 Jan 2024 00:00:00 +0000

In the era of pervasive digital communication, understanding the role of legal frameworks is paramount in addressing the escalating challenges of online hate speech and cyberbullying, necessitating a comprehensive examination to inform effective strategies that not only mitigate harm but also adapt to the evolving landscape of the internet. The general purpose of this study was to investigate the role of legal framework in addressing online hate speech ad cyberbullying. The study was anchored by the Social Control theory. The study conducted a comprehensive examination and synthesis of existing scholarly works related to the role of legal framework in addressing online hate speech ad cyberbullying. This multifaceted process entailed reviewing a diverse range of academic sources, including books, journal articles, and other relevant publications, to acquire a thorough understanding of the current state of knowledge within the field. Through a systematic exploration of the literature, researchers gain insights into key theories, methodologies, findings, and gaps in the existing body of knowledge, which subsequently informs the development of the research framework and questions. The study found that while global legal frameworks exist to address these digital threats, consistent challenges in implementation and enforcement persist. The lack of standardized definitions for offenses related to online hate speech and cyberbullying, coupled with jurisdictional complexities and the transnational nature of online activities, hampers the effectiveness of legal measures. The study emphasizes the need for increased collaboration among legal, technological, and international entities, as well as the importance of ongoing evaluation and adaptation of legal frameworks to keep pace with rapid technological advancements, providing a more holistic and responsive approach to combatting online harm. While global legal measures exist, their effectiveness varies due to socio-cultural diversity, technological changes, and jurisdictional complexities. The research emphasizes the need for ongoing evaluation, clearer legal definitions, international cooperation, and a holistic approach that combines legal provisions with public education to bridge the gap between legal expectations and societal attitudes. The study contributes to advocating for dynamic and context-aware legal responses to protect individuals from the adverse effects of online abuse. The study contributes significantly to theory by applying Travis Hirschi's Social Control Theory to understand the complex dynamics between legal structures and online behavior. It offers practical insights, guiding interventions by law enforcement, technology companies, and educators, emphasizing the need for clear legal definitions and adaptability to technological advancements. The research provides valuable policy recommendations, urging policymakers to draft proactive, adaptable legislation, integrate public awareness campaigns, and adopt a holistic approach that addresses the societal aspects of online behavior.

The Impact of Emerging Technologies on Privacy Rights

Huxley Jones — Sun, 21 Jan 2024 00:00:00 +0000

The following study explores the intricate relationship between technological advancements and individual privacy on a global scale. Framed within the context of privacy rights as a dependent variable, the research delves into the evolving landscape of privacy in the digital age. The study examines the legal frameworks governing privacy rights in the United States, Canada, Europe, and African countries, highlighting diverse approaches and challenges. It specifically addresses the impact of emerging technologies, such as wearables, biometrics, artificial intelligence, and surveillance systems, on privacy. The findings reveal a pressing need for adaptive legal frameworks, transparent data usage policies, and robust encryption measures to safeguard privacy rights. The study contributes theoretically by advancing the Social Contract Theory, offering a contemporary lens for analyzing the expectations and obligations between individuals and governing entities in the digital age. From a practical standpoint, the research equips technology developers, businesses, and individuals with actionable insights to navigate the digital landscape responsibly. It emphasizes the importance of transparent policies and encryption measures, especially concerning wearables and biometric systems. On the policy front, the study provides a foundation for informed decision-making and regulatory development. The comparative analysis of privacy laws globally identifies disparities and recommends the need for international standards to address transnational privacy challenges. The study contributes to the field of technology ethics by exploring ethical considerations related to artificial intelligence, highlighting biases and discriminatory outcomes. Additionally, the research offers a global perspective on privacy challenges in African countries, contributing to inclusive solutions for diverse regions. In conclusion, the study advocates for a holistic and proactive approach intertwining legal, ethical, and technological considerations to safeguard privacy rights in the face of rapid technological advancement.

The Impact of Recent Supreme Court Decisions on Privacy Rights in the Digital Age

Joseph Buckett — Sun, 21 Jan 2024 00:00:00 +0000

Privacy rights in the digital age have become a global concern, involving legal, ethical, and societal dimensions. Recent Supreme Court decisions in the United States, such as Carpenter v. United States (2018) and Riley v. California (2014), mark significant shifts in the jurisprudence surrounding digital privacy. Similarly, Canada's R. v. Spencer (2014) and Europe's General Data Protection Regulation (GDPR) demonstrate diverse approaches. African countries, like Kenya, have enacted privacy laws, yet challenges persist. International cooperation, as seen in the Convention 108+ by the Council of Europe, addresses the interconnected nature of the digital world. However, concerns persist, particularly regarding emerging technologies like AI and facial recognition. This study aims to explore the impact of recent Supreme Court decisions on privacy rights in the digital age, addressing gaps in existing literature and offering insights for legal practitioners, policymakers, and scholars. The beneficiaries include those shaping and interpreting laws related to digital privacy, as the study provides nuanced understanding and practical recommendations. The study contributes theoretically by elucidating evolving legal doctrines, as seen in qualitative analyses of Supreme Court decisions like Carpenter v. United States (2018). Practical insights arise from investigations into the intersection of digital privacy and AI, offering recommendations for legislative updates (Liu & Garcia, 2021). Policy contributions are evident in the comparative analysis of digital privacy laws across jurisdictions, informing discussions on international cooperation and standard-setting (Brown & Patel, 2022). The study enhances public awareness, as shown in examinations of public understanding of Supreme Court decisions on digital privacy, emphasizing the need for targeted educational efforts (Chen & Patel, 2015). Overall, the study's multifaceted contributions deepen theoretical understanding, guide practical considerations, inform policy development, and promote public awareness in the evolving landscape of digital privacy rights.

The Role of Environmental Law in Addressing Climate Change

Alexander Dosman — Sun, 21 Jan 2024 00:00:00 +0000

In the face of escalating climate change challenges, this study delves into the pivotal role that environmental law plays in mitigating and adapting to the global crisis, offering a comprehensive examination of its effectiveness in fostering sustainable practices and combating the adverse impacts on our planet. The primary purpose of this study was to investigate the role of environmental law in addressing climate change. The study was anchored on the Environmental Governance Theory. The study conducted a comprehensive examination and synthesis of existing scholarly works related to the role of environmental law in addressing climate change. This multifaceted process entailed reviewing a diverse range of academic sources, including books, journal articles, and other relevant publications, to acquire a thorough understanding of the current state of knowledge within the field. Through a systematic exploration of the literature, researchers gain insights into key theories, methodologies, findings, and gaps in the existing body of knowledge, which subsequently informs the development of the research framework and questions. The study presents a thorough analysis of the multifaceted relationship between environmental law and climate change mitigation. Findings reveal the pivotal role of environmental laws in shaping mitigation strategies globally, with effectiveness influenced by factors such as political commitment and socio-economic contexts. The research underscores the importance of a comprehensive and enforceable legal framework for successful climate change mitigation. It advocates for tailored legal approaches considering regional variations and emphasizes international cooperation. The study concludes by encouraging a holistic, interdisciplinary approach to environmental law, highlighting its dynamic nature and potential for significant contributions to global climate change mitigation efforts. In terms of contributions, the study enriches environmental governance theory, provides practical insights for policy and practice, and fosters interdisciplinary understanding. It identifies areas for future research, promoting ongoing efforts to address climate challenges through effective legal frameworks.