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Full-Text Articles in Law

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel Sep 2015

Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel

Nehal A. Patel

One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought …


The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz Jul 2015

The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

For undocumented people who become eligible for a US immigrant visa, the pathway to lawful status bifurcates around one central question: how did you get into the USA? While most visa overstayers can adjust their status within the USA, undocumented border crossers must leave the USA to change their status. When they do, all but a few trigger a 10-year bar—often called ‘el castigo’ in Spanish or ‘the punishment’—on their return. This paper draws on a three-year ethnographic study to explore the process of legalisation for Latinos who entered and lived in the USA unlawfully. I pay particular attention to …


The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore Jul 2015

The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore

Malinda L. Seymore

No abstract provided.


The Presidency And The Meaning Of Citizenship, Malinda L. Seymore Jul 2015

The Presidency And The Meaning Of Citizenship, Malinda L. Seymore

Malinda L. Seymore

This Article uses the issue of presidential qualification as a vehicle to examine the meaning of citizenship today, arguing that the Natural-Born Citizen Clause perpetuates a second-class citizenship that is inappropriate and inapposite in modern American society. Upon this premise, this Article proposes that a constitutional amendment may be necessary since the argument that the Fourteenth Amendment serves as an implicit repeal of the Natural-Born Citizen Clause has proved historically insufficient. Part II of this Article examines the origins of the constitutional requirement that the President be a "natural born Citizen" and discusses the unsuccessful attempts to amend this requirement. …


Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek Apr 2015

Integration Of And The Potential For Islamic Radicalization Among Ethnic Turks In Germany, Alev Dudek

Alev Dudek

In spite of ongoing improvements, integration of ethnic Turks in Germany remains a challenge from the dominant culture perspective, whereas a deeply ingrained institutional and everyday racism and the lack of legal protection against discrimination pose a challenge to full participation of ethnic Turks from another perspective. In an increasingly xenophobic Europe, particularly Germany, an increase in potential for religious and nationalist radicalization in different groups including ethnic Turks is becoming more and more evident. This increase in radical attitudes is not necessarily caused by a lack of integration, as evidenced among well-integrated individuals.

In view of recent developments toward …


Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek Jan 2015

Dog Whistling, The Color-Blind Jurisprudential Regime And The Constitutional Politics Of Race, Calvin J. Terbeek

Calvin J TerBeek

Ian Haney Lopez’s new book, "Dog Whistle Politics: How Coded Racial Appeals Have Reinvented Racism and Wrecked the Middle Class", has a provocative thesis. Lopez contends that dog-whistling, that is, coded racial rhetoric, “explains how politicians backed by concentrated wealth manipulate racial appeals to win elections and also to win support for regressive policies that help corporations and the super-rich, and in the process wreck the middle class." Though this may seem plausible enough, the thesis cannot stand up to scrutiny; the relevant political science literature provides no support for this. What is more, Lopez's treatment of the Supreme Court's …


A Quantum Congress, Jorge R. Roig Dec 2014

A Quantum Congress, Jorge R. Roig

Jorge R Roig

This article tries to address the problem of a corrupt and broken electoral system that has been captured by special interests through big money spending in political campaigns, while at the same time preserving the spirit of the Free Speech Clause of our Constitution. In doing so, this article first reviews and summarizes the different alternatives proposed as potential fixes for the campaign finance problem. It then explains why none of the proposed alternatives can accomplish the dual goals set out above. Finally, the article briefly sketches a proposal for a fundamental reworking of our representative democracy by substituting legislative …


Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan Dec 2014

Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan

Donald J. Kochan

Environmental protection and economic concerns are not mutually exclusive. This article explores some of the issues of economic analysis that might arise as we approach the fourth generation of environmental law. It explains ways that economic analysis can be employed to generate the best environmental rules, including measures under what this article terms as "economics-based environmentalism." Economics-based environmentalism contends that the advantages of using economic principles within a “polycentric toolbox” of environmental law come from the benefits available in private ordering, markets, property rights, liability regimes and incentives structures that will better protect the environment than alternatives like state-based interventionist, …