Do the Migrant Protection Protocols Really Protect Migrants?

A man looks towards the United States through a fence in Tijuana, Mexico.

The Migrant Protection Protocols (“MPP”) announced by Secretary of the Department of Homeland Security (“DHS”),Kirstjen Nielsen, in December 2018 were initially implemented in January 2019.[1] Recent litigation questioning the legal authority of DHS to implement what has been referred to as the “Remain in Mexico” policy, first resulted in an injunction[2] and then a ruling … Read more

China’s Trap in the Waters Around Guam

The beginning of August 2017 saw the United States and the Democratic Republic of North Korea (DPRK) trading rhetoric that appeared to threaten nuclear war. It is possible, however, that the entire situation was an international legal trap laid for the United States. What at first instance appears to be two irrational state actors threatening … Read more

Legalization of soft-drugs: views from the U.S. and Italy

On June 14, 2017, legal experts from the US and Italy gathered at the Law School of the University of Naples “Federico II” to discuss the challenges and perspectives of soft-drugs legalization, in the context of the inaugural colloquium of the international convention set up between the nearly 800-year old Italian law school and Denver … Read more

A Look Back: From the Death of Justice Antonin Scalia to the Nomination of Judge Neil Gorsuch

While The View From Above generally posts on issues and topics concerning international law, I believe it prudent to address President Trump’s Supreme Court nominee—which will surely have a future impact on international law and the role the United States plays in it. This post briefly analyzes the following in response to the passing of … Read more

Mass Incarceration at Home and Decarceration Abroad

Around the world, there are around ten million people in prison at any given time. While the world’s criminal justice systems struggle to ensure access to legal representation, a fair trial, and freedom from torture, some countries have been more successful than others. Other western countries are moving toward decarceration,[1] but politicians in the United … Read more

How a Mosquito Bite Differs By Two Weeks

Now that the Zika virus has been confirmed in mosquitoes of Miami Beach, concern about the spread of the disease in the United States has taken on new urgency. Zika is a virus that is transferable by mosquito bite or sexual intercourse. Generally, in adults, the virus is harmless—causing common cold symptoms in an infected … Read more

President Obama to Veto 9/11 Tort Legislation to Protect Sovereign Immunity

On Monday, September 12, 2016, White House press secretary Josh Earnest said that despite bipartisan support, President Obama is likely to veto legislation approved by Congress, which would allow the families and victims of the September 11, 2011 attacks to sue the government of Saudi Arabia for any role it might have had in the … Read more

Where do Clinton and Trump stand on U.S. intervention?

What should be the U.S. role in the world? In the current election cycle, the debate on this vital question is especially focused on America’s military interventions — interventions in Afghanistan, Iraq, Libya, Yemen, Somalia, and hesitation in Syria — which provide some indicators for reflection. As both presidential candidates have spoken on the topic, … Read more

The Trans-Pacific Partnership: Where Do You Stand?

On February 4, 2016, the Trans-Pacific Partnership, or “TPP”, was signed by the United States and eleven other countries as one of the most ambitious international trade deals in world history. Through its seven years of grueling negotiations, the criticism of this deal has been, for the lack of a better term, loud.  The TPP … Read more

The Non-Profit Age: Altruistic Values in America

The American nonprofit sector has grown at an exceptional rate and continues to grow each year.  In the 10 years from 2001 to 2011, the number of nonprofits in the United States grew by 25%.  And the sector continues to grow.  In 2010, the U.S. nonprofit sector employed approximately 10% of the country’s workforce and … Read more