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Chapter 1 - "The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America (Previously Published Article), Elizabeth B. Clark

Manuscript of Women, Church, and State: Religion and the Culture of Individual Rights in Nineteenth-Century America

In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …

"The Sacred Rights Of The Weak": Pain, Sympathy, And The Culture Of Individual Rights In Antebellum America, Elizabeth B. Clark

Publications

In 1835 an antislavery sympathizer leaving a lecture by Theodore Dwight Weld went home to dream that she was transported above the world; looking down at the United States, she saw "multitudes of sable figures, bending beneath a scorching sun -- their backs lacerated by the whip -- scourged, maimed, loaded with irons -- subject to every insult -- and exposed to every gust of unbridled passions." The dreamer, a Mrs. Sturges, drew from many discourses in describing her lengthy dream, but the fundamental trope of her visionary narrative was the story of the suffering slave, a trope that in …

The European Bank For Reconstruction And Development And The Post-Cold War Era, John Linarelli

Scholarly Works

No abstract provided.

Tribal-State Affairs: The Next Proving Ground?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

While these more profound issues of structure and perception beg for solution, a more immediate problem has arisen with the advent of Republican dominance in the Congress. One of the likely outgrowths of this transference of political power is that Congress, along with the Supreme Court, which has been doing it for some time, may funnel more issues to the States and their subsidiary governments for resolution or administration. Such a transfer does not bode well for tribes. Remember the allotment of Indian lands (1880s-1930s) and the Termination of tribes (1950s-1960s)? Those policies essentially made tribes and their citizens subject …

Equal Protection And Sexual Orientation, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

Equality is the thread running through the fundamental liberties enshrined in our Constitution. ... Equality, expressed in Art 12 of the [Singapore] Constitution, is also a specific right enforceable by the court. The difficulty comes in applying this deceptively simple concept to real-life situations. ... In considering the validity of legislation, Singapore and Malaysian courts have generally favored rational review, a modest conception of equal protection, unlike their American counterparts which have adopted a more expansive reading in the form of strict and intermediate review. This article examines how these three levels of equal protection review operate, and argues that …

Limited Mandates And Intertwined Problems: A New Challenge For The World Bank And The Imf, Daniel D. Bradlow, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

The sovereign states that participated in the establishment of the post-Second World War international order had a specific vision of how international organizations should function. This view was based on two premises. The first premise was that the sovereign state was the most significant actor in the international order. Consequently, only states could join and participate in the affairs of the new international organizations. Furthermore, international organizations were limited in their ability to interfere in the internal affairs of their member states.

The Legality Of Humanitarian Intervention, Malvina Halberstam

Articles

No abstract provided.

Legal Training Handbook For The Ukrainian Military, Jeffrey F. Addicott

Faculty Articles

In May of 1995, a democracy building project between The Judge Advocate General of Ukraine and United States Army lawyers was completed in Kiev. Over the course of this eight-month project, from September 1994 to May 1995, United States Army judge advocates from the International and Operational Law Division, Office of The Judge Advocate General, worked directly with Colonel Alexander Bokov, Chief, Legal Service of the Ministry of Defense of Ukraine, in developing a legal training handbook for Ukrainian soldiers.

The handbook, entitled “Code of Conduct for Participants in Military Operations,” now serves as the primary training guide for instructing …

Rediscovering The Constitution, Jack Tsen-Ta Lee

Research Collection Yong Pung How School Of Law

The fundamental liberties in our Constitution involve a study of tensions: between an individual's rights and the community's interests, between the role of the judiciary on the one hand and the executive and legislature on the other. How we should interpret them depends on where we think equilibrium should be established. This depends on two main factors. The first is the proper function of the judiciary as laid down by our Constitution, which is discussed in Part I of this article. The second is the nature of our fundamental liberties, for they are worded with varying degrees of generality. ... …