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Articles 1 - 22 of 22
Full-Text Articles in Entire DC Network
Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Lorna Fox O'Mahony, Marc Roark
Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Lorna Fox O'Mahony, Marc Roark
Texas A&M Journal of Property Law
Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the …
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
Domestic Supply (A Feminist Proposal), Jennifer Hendricks
UC Law Constitutional Quarterly
No abstract provided.
Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Marc L. Roark, Lorna Fox O'Mahony
Operationalising Progressive Ideas About Property: Resilient Property, Scale, And Systemic Compromise, Marc L. Roark, Lorna Fox O'Mahony
Articles, Chapters in Books and Other Contributions to Scholarly Works
Property theory is at a crossroads. In recent decades, scholars seeking to advance progressive ideas about property have embraced ‘Progressive Property’ theories that seek to advance the goals of social justice and the common good, offering a vital counter-weight to utilitarian and neo-conservative accounts of property. Progressive Property theories seek to correct an imbalance in American property discourse which—across the temporal scale—has sustained a range of narratives and normative commitments, but which has veered towards extreme acquisitive individualism and the rhetoric of property absolutism since the 1970s. The idea that individual property rights are not absolute but defined by the …
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
Education, The First Amendment, And The Constitution, Erwin Chemerinsky
University of Cincinnati Law Review
No abstract provided.
Miserable Comforts Or Concrete Protections: Human Rights Conventions, Treaties, Declarations, And The Rights Of Indigenous/Othered Communities—Quo Vadis?, Emeziem, Cosmas
Miserable Comforts Or Concrete Protections: Human Rights Conventions, Treaties, Declarations, And The Rights Of Indigenous/Othered Communities—Quo Vadis?, Emeziem, Cosmas
Santa Clara Journal of International Law
It has become an annual ritual for the world—especially through the United Nations (UN)—to organize events and activities celebrating Indigenous Peoples.1 Further to this disposition, the UN has adopted a Declaration on the Rights of Indigenous Peoples.2 Equally, it is now fashionable, to include the needs, and questions, affecting indigenous peoples in our development programs and climate action activities—albeit sometimes as an addendum to the mainstream policies.3 The Sustainable Development Goals (SDGs), and the current prominence of Diversity, Equity, and Inclusion (DEI), and decolonialization language in international policy briefs, give further credence to this apparent commitment to the rights of …
The “Majestic Equality” Of The Law: Conservatism, Radicalism, And Reform Of The Civil Courts In Upper Canada, 1841-1853, William N. T. Wylie
The “Majestic Equality” Of The Law: Conservatism, Radicalism, And Reform Of The Civil Courts In Upper Canada, 1841-1853, William N. T. Wylie
Osgoode Hall Law Journal
The mid-nineteenth century was an age of reform in the civil courts of the common-law world. Why, in spite of the clamour for change within Upper Canada and the introduction of reforms in adjacent common-law jurisdictions, were Upper Canada’s leading lawyers and politicians so reluctant to act? The answer is found in the conservatism of the province’s leaders, which stemmed not only from the legal training of the lawyers, but also from the moderate conservative ideology of the Upper Canadian leadership as a whole. At an almost unprecedented time of public debate, when resentment to lawyers and the courts was …
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
Northwestern Journal of Law & Social Policy
The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
The Promise And Challenge Of Humanitarian Protection In The United States: Making Temporary Protected Status Work As A Safe Haven, Andrew I. Schoenholtz
Georgetown Law Faculty Publications and Other Works
The humanitarian program Congress created in 1990 to allow war refugees and those affected by significant natural disasters to live and work legally in the United States has only partially achieved its goals. More than 400,000 individuals have received temporary protected status (TPS). In many cases, the crisis ended, along with temporary protection. However, in about half of the designated nationalities—including the largest groups—conflict and instability continued, making this humanitarian protection program anything but temporary. Unfortunately, Congress did not provide the Department of Homeland Security (DHS) with the tools it needed to address such long-term crises. That was purposeful—Congress worried …
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Brooklyn Journal of International Law
Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
South Carolina Journal of International Law and Business
The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …
Torch (April 2010), Brandon Baldwin, Civil Rights Team Project
Torch (April 2010), Brandon Baldwin, Civil Rights Team Project
Torch: The Civil Rights Team Project Newsletter
No abstract provided.
The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams
The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams
Vanderbilt Law Review
Most histories of immigration law are histories of restriction. This emphasis is hardly surprising: beginning in 1875, Congress passed increasingly draconian acts, mostly targeting Chinese immigrants, which ultimately led to the outright exclusion of nearly all Asian immigrants. Then, in the 1920s, Congress enacted quotas aimed at keeping the U.S. population primarily white, with an emphasis on immigrants from northern and western European stock. And throughout history in general, immigration law has focused not only on excluding but also on deporting those immigrants deemed undesirable.
In addition to focusing on exclusion, immigration law history has also been preoccupied with federal …
On Arraigning Ancestors: A Critique Of Historical Contrition, David Lowenthal
On Arraigning Ancestors: A Critique Of Historical Contrition, David Lowenthal
North Carolina Law Review
No abstract provided.
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Ontology, Epistemology, Axiology: Bases For A Comprehensive Theory Of Law, Eric A. Engle
Eric A. Engle
This article presents a comprehensive theory of law founded on correct ontological, epistemological and axiological bases and proposes that monism materialism and holism will have greater explanatory and predictive power than dualist, atomist and realist International Relations (IR) theory have had. The theory, though focussed on IR theory, is applicable to domestic law as well. Western thought has long been predicated on either an ontological materialism (matter determines mind) or an ontological idealism (eidetic realism: mind determines matter). Normally, the materialist view is also monist (reality is fundamentally unitary), whereas the idealist view is generally presented as dualist (reality is …
The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams
The Hidden Dimension Of Nineteenth-Century Immigration Law, Kerry Abrams
Faculty Scholarship
No abstract provided.
Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian
Compulsory Whiteness: Towards A Middle Eastern Legal Scholarship, John Tehranian
Indiana Law Journal
No abstract provided.
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
From Poor Law To Immigration Law: Changing Visions Of Territorial Community In Antebellum Massachusetts, Kunal Parker
Articles
No abstract provided.
Levi Hubbell And The Wisconsin Judiciary: A Dilemma In Legal Ethics And Non-Partisan Judicial Elections, Ellen Langill
Levi Hubbell And The Wisconsin Judiciary: A Dilemma In Legal Ethics And Non-Partisan Judicial Elections, Ellen Langill
Marquette Law Review
No abstract provided.
The Land-Tenure System In Ireland: A Fatal Regime, Cynthia E. Smith
The Land-Tenure System In Ireland: A Fatal Regime, Cynthia E. Smith
Marquette Law Review
No abstract provided.
Holy Bible And The Public Schools , Robert Fairchild Cushman
Holy Bible And The Public Schools , Robert Fairchild Cushman
Cornell Law Review
No abstract provided.
The Development In Pennsylvania Of Constitutional Restraints Upon The Power And Procedure Of The Legislature , Samuel Dickson
The Development In Pennsylvania Of Constitutional Restraints Upon The Power And Procedure Of The Legislature , Samuel Dickson
University of Pennsylvania Law Review
No abstract provided.
The Land Law Of Great Britain With Especial Reference To The Rights Of Aliens , Hugh Weightman
The Land Law Of Great Britain With Especial Reference To The Rights Of Aliens , Hugh Weightman
University of Pennsylvania Law Review
No abstract provided.