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Articles 1 - 13 of 13
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"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
"Deport All The Students": Lessons Learned In An X-Treme Clinic, Stacy Caplow
Faculty Scholarship
No abstract provided.
Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho
Human Rights Enforcement In The Twenty-First Century, Douglas L. Donoho
Faculty Scholarship
The international human rights system enters the twenty-first century facing a profound anomaly. Despite remarkable normative and institutional developments since the system's inception, the world remains mired in widespread violations of human dignity. Genocidal episodes have repeatedly scarred the consciousness of humankind since World War ll. Floods of refugees and simmering ethnic conflicts continually challenge the international community's capacity to respond, and grotesque forms of physical abuse, such as torture and summary execution, remain commonplace Despite a promising trend toward democratic governance around the world, basic civil liberties for countless millions remain only an empty promise.' Most disheartening of all, …
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin
Faculty Scholarship
No abstract provided.
What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray
What's So Special About Transitional Justice? Prolegomenon For An Excuse-Centered Approach To Transitional Justice, David C. Gray
Faculty Scholarship
No abstract provided.
The Limits Of Courage And Principle, Jedediah S. Purdy
The Limits Of Courage And Principle, Jedediah S. Purdy
Faculty Scholarship
Michael Ignatieff, the director of the Carr Center for Human Rights at Harvard's Kennedy School of Government, is not a lawyer. His work, however, treats issues of core concern to lawyers: nation-building, human rights, the ethics of warfare, and now, in his latest book, the proper relationship between liberty and security. The Lesser Evil is, in part, a book a legal scholar might have written: a normative framework for lawmaking in the face of the terror threat. It is also something more unusual: an exercise in an older type of jurisprudence. Ignatieff discusses law in the light of moral psychology …
Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson
Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson
Faculty Scholarship
Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's arguments are best …
Immunity Or Impunity The Potential Effect Of Prosecutions Of State Officials For Core International Crimes In States Like The United States That Are Not Parties To The Statute Of The International, Mark A. Summers
Faculty Scholarship
No abstract provided.
The Limits Of Courage And Principle, Jedediah Purdy
The Limits Of Courage And Principle, Jedediah Purdy
Faculty Scholarship
Reviewing Michael Ignatieff, The Lesser Evil: Political Ethics in an Age of Terror (2004)
Universal Rights And Wrongs, Michael E. Tigar
Universal Rights And Wrongs, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore
Practicing What We Preach: Humane Treatment For Detainees In The War On Terror, Jennifer Moore
Faculty Scholarship
This article sets forth both principled and pragmatic arguments for the fair and humane treatment of all individuals detained in the war on terror derived from both U.S. and international law. Section II explores the human dimension of the "war on terror." Section IIA critiques the use of the metaphor of war to characterize counter-terrorism policy. Section IIB examines the experiences of several individuals apprehended by the United States on suspicion of involvement in terrorism, including the response of U.S. courts to their detention without charge as "unlawful combatants." Section III offers possible explanations for the phenomenon by which the …
An Emerging Uniformity For International Law, David H. Moore
An Emerging Uniformity For International Law, David H. Moore
Faculty Scholarship
No abstract provided.
Democracy's Handmaid, Robert L. Tsai
Democracy's Handmaid, Robert L. Tsai
Faculty Scholarship
Democratic theory presupposes open channels of dialogue, but focuses almost exclusively on matters of institutional design writ large. The philosophy of language explicates linguistic infrastructure, but often avoids exploring the political significance of its findings. In this Article, I draw from the two disciplines to reach new insights about the democracy enhancing qualities of popular constitutional language. Employing examples from the founding era, the struggle for black civil rights, the religious awakening of the last two decades, and the search for gay equality, I present a model of constitutional dialogue that emphasizes common modalities and mobilized vernacular. According to this …
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
Faculty Scholarship
The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …