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Full-Text Articles in Law
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
The Duty Of Treatment: Human Rights And The Hiv/Aids Pandemic, Noah B. Novogrodsky
Noah B Novogrodsky
This article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states pay for it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this article shows how the provision of AIDS medications is reframing the right to health and the implementation of socio-economic rights. First, it locates an emerging right …
The Appropriations Power And Sovereign Immunity, Jay Tidmarsh, Paul F. Figley
The Appropriations Power And Sovereign Immunity, Jay Tidmarsh, Paul F. Figley
Jay Tidmarsh
Historical discussions of sovereign immunity assume that the Constitution contains no explicit text regarding sovereign immunity. As a result, arguments about the existence — or non-existence — of sovereign immunity begin with the English and American common-law doctrines of sovereign immunity, and ask whether the founding period altered that doctrine. Exploring political, fiscal, and legal developments in England and the American colonies in the seventeenth and eighteenth centuries, this article shows that focusing on common-law developments is misguided. The common-law approach to sovereign immunity ended in the early 1700s. The Bankers’ Case (1690-1700), which is often regarded as the first …
Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent James Strickler
Green-Lighting Brown: A Cumulative-Process Conception Of Judicial Impact, Vincent James Strickler
Vincent James Strickler
Disagreement over the meaning and power of Brown v. Board of Education is part of a larger debate about the capacity of the courts to influence social change. A “down with Brown” movement denies that the iconic case changed America. But, an examination of 68 United States Supreme Court cases (particularly the paradigm-shifting case of Green v. County School Board) and 414 Federal District Court cases, from 1944 through 1974, reveals a cumulative-judicial process that correlates well (and better than legislative efforts) with actual desegregation successes. Considering a “Green-lighted” Brown, rather than the historic case in isolation, better reveals the …
J.E.B. V. Alabama Ex Rel. T.B., 511 U.S. 127 (1994), Nancy Marder
J.E.B. V. Alabama Ex Rel. T.B., 511 U.S. 127 (1994), Nancy Marder
Nancy S. Marder
No abstract provided.