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Full-Text Articles in Law
Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons
Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons
Faculty Scholarship
Chattel slavery was a brutally cruel, repressive, and exploitative system of racial subjugation. When it was abolished, the former slaveholders owed the freedmen compensation for the terrible wrongs of enslavement. Ex-slaves sought reparations, especially in the form of land, but few received any sort of recompense. The wrongs they suffered were never repaired.
No one alive today can be held accountable for the wrongs of chattel slavery, and those who might now be called upon to pay reparations were not even born until many decades after slavery ended. For some scholars, the lack of accountable parties makes current reparations claims …
Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal
Bandipora Redux: A Tale From Two Insurgencies, Ashok Agrwaal
Ashok Agrwaal
This artixcle is based upon my work on State impunity in the context of the guaranteed right to life, in Punjab and Kashmir. The Indian state has fought insurgencies almost throughout its independent history: from Nagaland to Punjab, Andhra Pradesh to Kashmir, from the early 1950s to date. Among the many different kinds of human rights violations that the Indian security forces have been charged with, is the recurring charge that they force local people to act as 'human shields' \with a view to minimising uniformed casualties. These reports have been denied by the authorities who routinely provide other reasons, …
Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham
Law, Human Rights, Realism And The “War On Terror”, J. Peter Pham
Human Rights & Human Welfare
A review of:
The Lesser Evil: Political Ethics in an Age of Terror by Michael Ignatieff. Princeton: Princeton University Press, 2004. 212pp.
Procedural Justice, Lawrence B. Solum
Procedural Justice, Lawrence B. Solum
Georgetown Law Faculty Publications and Other Works
This article begins in part I, Introduction, with two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits?
The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question--what is procedure?--is the most difficult and requires an extensive …