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The Australian Reluctance About Rights, Hilary Charlesworth Jan 1993

The Australian Reluctance About Rights, Hilary Charlesworth

Osgoode Hall Law Journal

This article examines the way in which the Australian legal system protects human rights. It discusses the paucity of constitutionally protected rights and the failure of various attempts made to amend the Constitution in this respect. The paper looks at the inadequacy of the Australian common law and legislation in the protection of rights. It argues that the politics of both federalism and legalism have produced a culture wary of rights discourse. The paper concludes by considering how the Australian protection of rights can be improved and suggests that one way ahead would be to introduce an Australian charter of …


When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy Jan 1993

When Civil Rights Go Wrong: Agenda And Process In Civil Rights Reform, Charles F. Abernathy

Georgetown Law Faculty Publications and Other Works

The aging of the persons leading the civil rights movement is only a metaphor for a more serious aging process that afflicts the movement. It is a sclerotic condition that has kept an old agenda and once-prodding - but now increasingly intolerant - ideas in place, a fixed way of thinking that has become more strident and resistant to change as it has become more complacent with itself. Once the opponent of conformity, some parts of the civil rights community now preach conformity within their communities. I see these not as indices of the venality of the civil rights movement, …


Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas Jan 1993

Book Review Of Race, Law, And American History, 1700-1990, Davison M. Douglas

Faculty Publications

No abstract provided.


A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg Jan 1993

A Feminist Critique Of Mandatory Arrest: An Analysis Of Race And Gender In Domestic Violence Policy, Miriam H. Ruttenberg

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald Oct 1992

Aboriginal Peoples And Criminal Justice: A Special Report Of The Law Reform Commission Of Canada, Bruce P. Archibald

Dalhousie Law Journal

Canada's criminal justice system has been shaken out of its stolid complacency in recent years by demonstrated instances of unfair treatment of religious, ethnic and racial minorities, and in particular our Aboriginal peoples.' Faced with a hue and cry directed at the justice system, the federal Minister of Justice asked the Law Reform Commission of Canada to study "as a matter of special priority, the Criminal Code and related statutes and to examine the extent to which those laws ensure that Aboriginal persons and persons who are members of cultural or religious minorities have equal access to justice and are …


You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison Oct 1992

You've Built The Bridge, Why Don't You Cross It? A Call For State Labor Laws Prohibiting Private Employment Discrimination On The Basis Of Sexual Orientation, David E. Morrison

University of Michigan Journal of Law Reform

The call for legal reform to prevent discrimination on the basis of sexual orientation has been prevalent since at least the 1970s. Part I of this Note examines sexual orientation as a protected status at the federal and state level. Tracing the development of case law interpreting Title VII, it is evident that current federal laws have been of little use to gay men and lesbians. As a result, employment discrimination against homosexuals has been widespread. Part II of this Note discusses how the foundation for reform already has been created at the state level. This foundation began with state …


Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown Jul 1992

Statistics For Wage Discrimination Cases: Why The Statistical Models Used Cannot Prove Or Disprove Sex Discrimination, James T. Mckeown

Indiana Law Journal

No abstract provided.


Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore Jul 1992

Police Implementation Of Supreme Court Of Canada Charter Decisions: An Empirical Study, Kathryn Moore

Osgoode Hall Law Journal

Little empirical research has been done on the Charter's impact on the public policy process. This paper presents the results of an empirical research study designed to fill that gap. The study examined the manner in which a municipal police force and the RCMP implemented changes to procedures following two Supreme Court of Canada Charter decisions. The paper concludes that, while steps have been taken to develop a process by which Supreme Court decisions are implemented, the process would be improved if one body were allocated responsibility for the provision of interim information to the police.


Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske Jun 1992

Banishing The Thirteenth Juror: An Approach To The Identification Of Prosecutorial Racism, Elizabeth Beske

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel May 1992

Rights In The Modern Era: Applying The Bill Of Rights To The States, Stephen J. Wermiel

William & Mary Bill of Rights Journal

No abstract provided.


The Hidden Gender Of Law, Christine Boyle May 1992

The Hidden Gender Of Law, Christine Boyle

Dalhousie Law Journal

Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …


Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole May 1992

Are You Now Or Have You Ever Been A Member Of The Aclu, David Cole

Michigan Law Review

A Review of In Defense of American Liberties: A History of the ACLU by Samuel Walker


Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie Jan 1992

Law Enforcement And Racial And Ethnic Bias, Daniel E. Georges-Abeyie

Florida State University Law Review

No abstract provided.


Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr. Jan 1992

Introduction To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Leander J. Shaw, Jr.

Florida State University Law Review

No abstract provided.


Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel Jan 1992

Reforming Florida's Juvenile Justice System: A Case Example Of Bobby M. V. Chiles, Jodi Siegel

Florida State University Law Review

No abstract provided.


Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission Jan 1992

Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.


Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission Jan 1992

Addendum To The Report And Recommendations Of The Florida Supreme Court Racial And Ethnic Bias Study Commission, Florida Supreme Court Racial And Ethnnic Bias Study Commission

Florida State University Law Review

No abstract provided.


Civil Rights Conundrum, Carl W. Tobias Jan 1992

Civil Rights Conundrum, Carl W. Tobias

Law Faculty Publications

As a case study of the impediments imposed by the revised F.R.C.P. Rule 11 in civil rights litigation, Professor Tobias relates the story of the Robeson County, N.C. prosecution of Eddie Hatcher and Timothy Jacobs, their subsequent civil rights action, and the ensuing Rule 11 sanctions imposed upon their counsel, as reported in In re Kunstler, 914 F.2d 505 (4th Cir. 1990).


Issues For Men In The 1990s, Michael S. Kimmel Jan 1992

Issues For Men In The 1990s, Michael S. Kimmel

University of Miami Law Review

No abstract provided.


Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero Jan 1992

Whatever Happened To The Fourth Amendment: Undocumented Immigrants' Rights After Ins V. Lopenz-Mendoza And United States V. Verdugo-Urquidez, Victor C. Romero

Faculty Scholarship

This Note rejects the Court's approach to the Fourth Amendment in Lopez and Verdugo and attempts to redefine the boundaries of Fourth Amendment protections for undocumented immigrants. Part I examines the impact of the Lopez and Verdugo decisions upon undocumented immigrants' Fourth Amendment rights. Part II evaluates the arguments for extending Fourth Amendment protections to undocumented immigrants. Viewing the Fourth Amendment as a restriction on government intrusion, Part III examines the constitutional remedies available to undocumented immigrants. This part rejects the Lopez restrictions on the applicability of the exclusionary rule and concludes that the Fourth Amendment neither draws distinctions among …


Judicial Matters, Neal Devins Jan 1992

Judicial Matters, Neal Devins

Faculty Publications

No abstract provided.


Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas Jan 1992

Rouge Et Noir Reread: A Popular Constitutional History Of The Angelo Herndon Case, Kendall Thomas

Faculty Scholarship

In 1932, Eugene Angelo Braxton Hemdon, a young Afro-American member of the Communist Party, U.S.A., was arrested in Atlanta and charged with an attempt to incite insurrection against that state's lawful authority. Some five years later, in Herndon v. Lowry, Herndon filed a writ of habeas corpus asking the U.S. Supreme Court to consider the constitutionality of the Georgia statute under which he had been convicted. Two weeks before his twenty-fourth birthday, the Court, voting 5-4, declared the use of the Georgia political-crimes statute against him unconstitutional on the grounds that it deprived Herndon of his rights to freedom …


Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin Jan 1992

Expanding Our Vision Of Legal Services Representation– The Hermanas Unidas Project, Stacy Brustin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin Jan 1992

Roe V. Wade And The Dred Scott Decision: Justice Scalia's Peculiar Analogy In Planned Parenthood V. Casey, Jamin B. Raskin

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii Dec 1991

The Breath Of The Unfee'd Lawyer: Statutory Fee Limitations And Ineffective Assistance Of Counsel In Capital Litigation, Albert L. Vreeland Ii

Michigan Law Review

This Note argues that fee limitations deprive indigent defendants of their right to effective assistance of counsel. Part I of this Note reviews state court decisions that address Sixth Amendment challenges to fee limitations, yet fail to address the broader concerns about the appointed counsel system. Part II considers the inherent disincentives and burdens fee limitations impose on attorneys and suggests that the limits threaten the indigent accused's right to effective assistance of counsel. A comparison of the fee limitations and the time required to prepare and try a capital case reveals the gross inadequacy of statutory fee provisions. In …


The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School Nov 1991

The New York Law School Reporter, Vol. 9, No. 3, November, 1991, New York Law School

Student Newspapers

No abstract provided.


Soifer's Vision And Three Questions About Images, Milner S. Ball Mar 1991

Soifer's Vision And Three Questions About Images, Milner S. Ball

Washington and Lee Law Review

No abstract provided.


Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street Jan 1991

Despair And Disparity In Florida's Prisons And Jails, Leslei G. Street

Florida State University Law Review

No abstract provided.


Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones Jan 1991

Battered Spouses' Section 1983 Damage Actions Against The Unreponsive Police After Deshaney, James T.R. Jones

West Virginia Law Review

No abstract provided.


"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker Jan 1991

"Anti-Homeless" Legislation: Unconstitutional Efforts To Punish The Homeless, Donald E. Baker

University of Miami Law Review

No abstract provided.