Law Commons^™

Civil Liberties V National Security In Times Of Crisis: The Past Use Of Internment Without Trial In The United States And The United Kingdom And The Lessons For The Ongoing 'War On Terror.' , Richard D. Donald

ExpressO

History teaches that, in time of crisis, we have often sacrificed fundamental freedoms unnecessarily. The Executive and Legislative Branches, reflecting public opinion formed in the heat of the moment, frequently have overestimated the need to restrict civil liberties. This has been especially true in regards to internment without trial. Neither novel nor normal, internment is an emergency measure which has regularly been employed in times of national crisis. Through an examination of two historical models this project aims to identify some the difficulties associated with the application of a policy of internment. Given it’s ongoing use around the world in …

Inside The Outsider: Critical Race Theory Against Human Rights?, Eric Heinze

ExpressO

This article examines disturbing contradictions within critical race theory. Critical race theorists, such as Mari Matsuda, Richard Delgado, or Charles Lawrence, maintain that legal norms cannot be taken at face value, but must instead be understood in historical and social context. For example, the Fourteenth Amendment was adopted to guarantee ‘equal protection of the law’ to all citizens. However, on its face, that norm reveals little about the brutality and exclusion that ethnic minorities subsequently experienced, often with the complicity of legislatures and courts.

Matsuda applies that analysis to hate speech in the 1993 collection Words That Wound, which remains …