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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 …
Op-Ed., Signing Statements Risk Abuse Of Power, Robert Lipkin
Op-Ed., Signing Statements Risk Abuse Of Power, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Boumediene V. Bush And Guantánamo, Cuba: Does The "Empire Strike Back"?, Ernesto A. Hernandez
Boumediene V. Bush And Guantánamo, Cuba: Does The "Empire Strike Back"?, Ernesto A. Hernandez
Ernesto A. Hernandez
Focusing on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantánamo Bay, Cuba, this article argues that the base’s legal anomaly heavily influences “War on Terror” detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantánamo but retains “complete jurisdiction and control” for an indefinite period; while Cuba has “ultimate sovereignty.” Gerald Neuman labels this as an anomalous zone with fundamental legal rules locally suspended. The base was chosen as a detention center because …
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 …
The Gay Agenda, Libby Adler
The Gay Agenda, Libby Adler
Libby S. Adler
The Gay Agenda argues that the current gay rights agenda has been overly determined by the culture war and calls for a deliberate step outside of culture war discourse in order to see law reform possibilities that have largely been obscured. When anti-gay forces speak in terms of traditional family values, the paper observes, pro-gay rejoinders tend to come in the form of rights claims accompanied by rhetorical efforts to depict the gay family as morally indistinct from an idealized version of the heterosexual family (i.e., monogamous, bourgeois, and more about love than sex). These dual strategies of rights—especially equality—and …
Originalism & Early Civil Search Statutes: Searches & The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila
Originalism & Early Civil Search Statutes: Searches & The Misunderstood History Of Suspicion & Probable Cause, Fabio Arcila
Fabio Arcila Jr.
Originalist analyses of the Framers’ views about governmental search power have devoted insufficient attention to the civil search statutes they promulgated. What attention has been paid, primarily as part of what I term the “conventional account,” has it that the Framers were divided about how accessible search remedies should be. This article explains why this conventional account is mostly wrong, and explores the lessons to be learned from the statutory choices the Framers made with regard to search and seizure law.
In enacting civil search statutes, the Framers chose to depart from common law standards and instead largely followed the …
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 …
Editorial, Here’S Why I Was A Campaign Volunteer, Wesley Oliver
Editorial, Here’S Why I Was A Campaign Volunteer, Wesley Oliver
Wesley M Oliver
No abstract provided.
Constitutional Design For Divided Societies: Integration Or Accommodation?, Sujit Choudhry
Constitutional Design For Divided Societies: Integration Or Accommodation?, Sujit Choudhry
Sujit Choudhry
Table of Contents: Introduction: Integration, Accommodation and the Agenda of Comparative Constitutional Law, Sujit Choudhry Part I: Setting the Stage 1. Integration or accommodation? The enduring debate in conflict regulation, John McGarry, Brendan O'Leary and Richard Simeon 2. The internationalization of minority rights, Will Kymlicka 3. Does the world need more Canada? The politics of the Canadian model in constitutional politics and political theory, Sujit Choudhry 4. Beyond the dichotomy of universalism and difference: four responses to cultural diversity, Alan Patten 5. Groups and constitutionalism in divided societies: a dynamic approach to the design of democratic institutions, Richard H. Pildes …
Unconstitutional On Its Face, Robert Lipkin
Unconstitutional On Its Face, Robert Lipkin
Robert Justin Lipkin
No abstract provided.
Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc J. Blitz
Freedom Of 3d Thought: The First Amendment In Virtual Reality, Marc J. Blitz
Marc J. Blitz
No abstract provided.