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The persistent educational underachievement of Latino children and adolescents in the United States has emerged as a public concern as Latinos are growing more rapidly than any other racial and ethnic groups. This article focuses on California Proposition 227, also referred in English in Public Schools initiative, which eliminated bilingual education in California public schools. Beyond legal analysis, the educational trajectory of Latino youths with limited English proficiency is discussed in terms of the impact of English Immersion on the current school context where Latino students are susceptible to daily social stress and discrmination, which in turn increases the risk for educatonal underachievement among Latino youths.

Currently, our Constitution, under its section 4 of Article 12, grants the right for a defendant or a suspect to get advocates' help, and if people accused crimes, but they cannot afford a private attorney, the nation assigns public defenders for them based on the law. However, in case of the victims of crimes, there is no case for the nation to assign public defenders for them. So judicial officers, civic groups, and scholars have consistently raised objections against it in terms of fairness and system. Especially our country has been ranked on the second place among OECD-member countries and the report rate of sex crimes makes up only 10%, and only a very small minority about 2% of sexual violence perpetrators have been actually punished. Under this situation, it is absolutely needed for the victims of sex crimes who are children, juveniles, the disabled, and their guardians to be assertive and to defend themselves in the legal part. Since the majority of them are often lacking the legal knowledge, it is also indispensable to give them the notice, explanation, and guide on legal rights to protect them in the process of investigation procedure by police and prosecution, and in the course of pretrial procedure by courts. Hence, the introduction of victim's public defender system was quite a significant progress to guarantee sex crime victims' rights. This system has its most significant meaning in terms that it is for crime victims who have been isolated and neglected for a long time. Specially, this system has been settled down as a system which supports children, the disabled, adolescents, women, etc., who got damages caused by sex crimes, to be able to appoint their lawyers helping them with legal aids for their rights. This thesis aims at deriving problems and improvement measures of Victim's Public Defender System through in-depth interview research on the participation and operation of the public defenders for victims with focusing on people in charge of One-Stop Assistance Center and police officials centered on Seoul and Gyeonggi, recognizing that it is necessary to check or review its actual condition whether it has been operated properly in the step of police investigations or if there are any problems revealed in operating this system.

The EU Data Retention Directive (2006/24/EC) provided an obligation for providers of publicly available electronic communication services and of public communication networks to retain traffic and location data for at least six months up to two years for the purpose of the investigation, detection, and prosecution of serious crimes. Most of the member States of EU transposed the Directive into national laws. Evaluation Report on the Data Retention Directive European Commission stated that data retention is a valuable tool for criminal justice systems and for law enforcement in the EU and proposed revision of the data retention framework and provided recommendations how this should be done. Constitutional Courts of several Member States annulled, however, national data retention regulations based on the Directive. At last, the CJEU declared the Data Retention Directive to be invalid. CJEU concluded that by adopting the Directive the EU legislature has exceeded the limits imposed by compliance with the principle of proportionality in the light of Articles 7(Respect for private), Article 8(protection of personal data) and 52(1)(Scope of guaranteed rights) of the Charter. The immediate result of the CJEU Judgement on the Directive was its invalidity. As a result, there is no longer a specific legal act on the EU level that obliges Member States to introduce or maintain data retention regimes. However, the CJEU has not determined the invalidity of any Member State’s legislation governing the retention of data. Hence, national legislation on data retention remains in force in all Member States which have not previously declared it unconstitutional, is still in force. There are also data retention provisions in Korea. The Protection of Communications Secrets Act (PCSA) prescribes them. It is meaningful to examine whether the related provisions of PCSA in the light of the criteria of CJEU judgement comply with the principle of proportionality or not. A detailed research is required.

An election is a formal decision-making process in democratic society. Election could the best feasible mean to express the sovereignty of people. In this context, electoral system has an important meaning such as a series of rule of process for composing representative organ under the representative democracy system. Thus electoral system must be designed to ensure various democratic value. And yet, generally the ‘fairness’ is treated as most important value concern with election. This is a predominant paradigm in the fields of election. In the electoral areas the predominant paradigm is "Money might be tainted but integral part of electoral process." For this reason, Korean electoral system takes strict regulation on campaign finance. The campaign finance from not only candidates but also general citizens has been regulated strongly. The problem is that the regulations without delicate deliberation to campaign finance can make chilling effect on political expression. Thus this study aims to find a proper regulation system through comparing regulation systems between countries. Derailed contents of this study are as below. At first, I introduced this study’s main purpose and study objectives. In chapter II, the concept ‘campaign money regulation’ is described and deduce the basic reason to justify the ‘campaign money regulation’ through reviewing courts’ rulings. In chapter III, I sorted through ‘campaign money regulation system’ for system research. In chapter IV looked for implications from the foreign cases on campaign finance regulation through reviewing their own methods of controlling the campaign money. Lastly, chapter V provides a conclusion for a better regulation for a more democratic society. It is conclusion of this study that we should try to make proper regulation. Because strong regulations not only reduce corruption but also reduce political freedom and eliminate political opinion and political participation.

In this study four types of improvement measures are suggested accordingly. First, the dualistic legal system of domestic violence should be integrated as a single act. It proposes a pluralistic legal framework that encompasses all the measures of domestic violence victim protection, including civil and administrative laws. In addition, the legislation suggests overcoming the confusion related to setting victim protection as the top priority. As an alternative, this study proposed a unified dual system of criminal and protection proceedings, introduction of diversion at each stage, and introduction of a blended sentencing system. Second, this study suggests the changes a paradigm shift in victim protection. Specifically, i) as with the recent legislative trends in the advanced countries in the west, the residential rights of the victims, including children must be secured. ii) For the offenders, a care and custody system which helps prevent recidivism through behavior modification should be developed. Third, the study has proposed a legal basis for construction of a manifold cooperative system that involves the community. Also, it has introduced cases of the United Kingdom and the United States in order to overcome the current situations in Korea that lack linkages among the police, courts, victim protective facilities, and other private organizations. Fourth, this study has suggested an improvement in imposing punishment for violating the urgent temporary measures. Additionally, the author has highlighted the increased need of victim protection when the police intervene. Through these suggestions, the current legal system of domestic violence can overcome the limitations and problems, and it will be able to achieve the ultimate legislative purposes of victim protection and domestic violence control.

The civilization that human race enjoys today is the achievement accomplished through ceaseless challenges of humankind. However, the balance in nature has been disturbed consequently. Disasters resulting from environmental destruction are phenomena we are witnessing at present, rather than those that will appear in the future, and calamities caused by abnormal weather phenomena become more frequent and more serious year after year. Therefore, the international society urgently needs to join efforts and take countermeasures so as to control the acceleration of global warming and protect the Earth from environmental destruction. Appropriate measures shall be also taken to assist and protect disadvantaged groups of environmental refugees(climate refugees) who have to leave their habitual homes in a "critical situation in which they are forced to leave or to die" due to any environmental factor. The term "environmental refugees" is still highly controversial but is used here in this study to define people who are forced to leave their existing dwellings or have no choice but to depart from the country of their nationality due to global climate change or any huge natural disaster. Since the occurrence of environmental refuges might become a potential threat to the security of the international society, it is necessary to protect and assist them under an agreement of the international society. Furthermore, it is also necessary to assist them in enjoying their rights essential for living as human beings in terms of the protection of human rights with more care and attention for protecting them in brotherhood with humanitarian conscience.

This study explores the way of improving the course in the social welfare law. The purpose of this study is to examine the nature of the social welfare law as the subject by literature review, discover the difficulty and importance of the social law, and seek the improvements through conducting a survey. The methodology is performed by the literature review and survey. The nature of the social welfare law as a subject in Korea is reviewed by some literatures. And the difficulty and importance of the social law is based on an empirical level. The purpose of the course in the social welfare law is that the students would ultimately improve their ability to understand and apply for social welfare law in the social work field as a social worker. The understanding of law underpins and provides duties and powers for social work and understanding the statutory and legal requirements is essential for effective and fair social work practice. This study carries out a survey concerning the difficulty, importance, the improving way. Overall, about 60% of respondents found the the course of the social welfare law difficult. The respondents were asked about the importance of the course in the social welfare law and more than half of them reported that it is an important subject. WMore than half of the respondents agree that improving the existing course in the social welfare law is needed. Suggestions are as follows. First, this study suggests the selfdirection learning which means that students individually take initiative and responsibility for learning in the course of the social welfare law. The course in the social welfare law ought to reflect faithfully the practice as well as focused on the understanding of a basic concept of law.