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Articles 1 - 8 of 8
Full-Text Articles in Law
Mindful Justice: The Search For Gandhi’S Sympathetic State After Bhopal, Nehal A. Patel
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
The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz
Ruth Gomberg-Munoz
The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore
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
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
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
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
A Quantum Congress, Jorge R. Roig
Jorge R Roig
Economics-Based Environmentalism In The Fourth Generation Of Environmental Law, Donald J. Kochan
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, …