Criminal Law - Mail Fraud - Statutory Interpretation - Scope

The United States Supreme Court has held that the coverage of the mail fraud statute, 18 U.S.C. § 1341, is limited to the prosecution of fraudulent schemes utilizing the mails that lead to the deprivation of monetary and property interests, while the deprivation of intangible rights, such as the right to honest and impartial government, is not included within the scope of the mail fraud statute. McNally v. United States, 107 S. Ct. 2875 (1987)

Deterrents and Detention: An III Conceived Afterthought

In response to the clandestine arrivaI in Nova Scotia earlier this summer of 174 persons who subsequently claimed refugee status, the Federal Government recaUed Parliament two weeks ago to introduce Bill C-84. Styled the Deterrents and Detention Bill, its content is every bit as ominous as its title suggests. Although one of the Bill 's purposes is stated to he to preserve access for genuine refugees, clearly the opposite result is achieved by sorne of its provisions. In an attempt to prevent abuse of the refugee determination system and to respond to security concerns, the proposed legislation has been drafted in such sweeping language that a number of its clauses are in fairly obvious violation of both international law and the Canadian Charter of Rights and Freedoms. Simply put, the Bill goes too far. In its haste to respond to a perceived crisis, the Government has failed to respect fundamentallegal standards

Is there a Subjective Element in the Refugee Convention\u27s Requirement of \u27Well-Founded Fear\u27?

Linguistic ambiguity in the refugee definition\u27s requirement of well-founded fear of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is well-founded only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the objective element ). But it is less clear whether the well-founded fear standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of fear, few courts or commentators have undertaken the task of explaining what justifies recognition of a subjective element in the first place. What, in the end, does subjective fear or trepidation have to do with the goals of refugee law? Reasoned explanations are in short supply. This shortfall in critical thinking has greatly complicated efforts to formulate a coherent understanding of the subjective element, and clearly to articulate its role in the analysis of well-founded fear

Is there a Subjective Element in the Refugee Convention\u27s Requirement of \u27Well-Founded Fear\u27?

Linguistic ambiguity in the refugee definition\u27s requirement of well-founded fear of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is well-founded only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the objective element ). But it is less clear whether the well-founded fear standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of fear, few courts or commentators have undertaken the task of explaining what justifies recognition of a subjective element in the first place. What, in the end, does subjective fear or trepidation have to do with the goals of refugee law? Reasoned explanations are in short supply. This shortfall in critical thinking has greatly complicated efforts to formulate a coherent understanding of the subjective element, and clearly to articulate its role in the analysis of well-founded fear

What American Psychological Association Leaders Have to Say About Psychology of Religion and Spirituality

What do American Psychological Association (APA) leaders have to say about the new journal Psychology of Religion and Spirituality? A survey was sent to 204 current APA council representatives and divisional residents, yielding 63 completed questionnaires (31% response rate). Respondents generally affirmed the importance of religion and spirituality as topics of inquiry in psychology. Although not highly religious themselves, respondents recognize religion and spirituality as important aspects of human diversity. In considering the new journal, current APA leaders who responded to the survey are particularly interested in articles relating religion and spirituality to health and coping and articles considering cross-cultural and interfaith issues