Law Commons^™

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Fallibility + Unchecked Power = Trouble, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Rights Of Inequality: Rawlsian Justice, Equal Opportunity, And The Status Of The Family, Justin Schwartz

Justin Schwartz

Is the family subject to principles of justice? In A Theory of Justice, John Rawls includes the (monogamous) family along with the market and the government as among the "basic institutions of society" to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes to the family, and in particular its impact on fair equal opportunity (the first part of the the Difference …

Abortion And Women's Legal Personhood In Germany: A Contribution To The Feminist Theory Of The State, D. A. Jeremy Telman

D. A. Jeremy Telman

This article looks at abortion regulation in Germany in the context of the full range of laws through which the state specifies the status of women as legal persons. Reviewing Germany's most important abortion law decisions in 1975 and 1993, the article contends that while the Constitutional Court struck a balance between the East German legacy of reproductive freedom and West Germany's robust protections of the right to life, it did so by undermining the legal structures that had facilitated full civil, economic and political equality for women in East Germany through legal regimes geared towards protecting women's reproductive autonomy.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

What's Wrong With Exploitation?, Justin Schwartz

Justin Schwartz

Abstract: Marx thinks that capitalism is exploitative, and that is a major basis for his objections to it. But what's wrong with exploitation, as Marx sees it? (The paper is exegetical in character: my object is to understand what Marx believed,) The received view, held by Norman Geras, G.A. Cohen, and others, is that Marx thought that capitalism was unjust, because in the crudest sense, capitalists robbed labor of property that was rightfully the workers' because the workers and not the capitalists produced it. This view depends on a Labor Theory of Property (LTP), that property rights are based ultimately …

Prohibiting Prosecutorial Vindictiveness While Protecting Prosecutorial Discretion: Toward A Principled Resolution Of A Due Process Dilemma, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Mens Rea, Due Process And The Supreme Court: Toward A Constitutional Doctrine Of Substantive Criminal Law, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Doing Business With Government: Are Prospective Suppliers Entitled To Procedural Due Process?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.