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Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

Articles

John Rawls has been called the most significant and influential moral philosopher of the twentieth century, and his ideas have deeply influenced discussions of social, political, and economic justice across disciplines including law, philosophy, and political science. Given his preeminence, does Rawls's theory of justice as fairness fail in either of the two ways described above or is it a promising analysis for achieving justice for people with disabilities?

In its most recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act of 1990 (the ADA). In several significant decisions, it has grappled with …

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

A Traditionalist Looks At Mediation: It's Here To Stay And Much Better Than I Thought, Stephen N. Subrin

Nevada Law Journal

No abstract provided.

Adr Is Here: Preliminary Reflections On Where It Fits In A System Of Justice, Jean R. Sternlight

Nevada Law Journal

No abstract provided.

"An Overwhelming Question" About Non-Formal Procedure, Thomas O. Main

Nevada Law Journal

No abstract provided.

Structure, Legitimacy, And Nafta's Investment Chapter, Charles H. Brower, Ii

Vanderbilt Journal of Transnational Law

In this Article, Professor Brower examines the investment chapter of the North American Free Trade Agreement (NAFTA). He argues that the relevant treaty provisions lack a substantial measure of textual clarity. In addition, he argues that ad hoc tribunals based on the commercial arbitration model have generated incoherent doctrine and are relatively less accountable, transparent, and accessible than permanent tribunals. Furthermore, he argues that the NAFTA Parties and their courts so far appear to place a higher priority on the pursuit of narrow self-interest than on the principled administration of international governance. Collectively, these circumstances help to explain the frequency …

Images Of Slavery In The Early Church: Hatred Disguised As Love?, Kimberly Flint-Hamilton

Journal of Hate Studies

The Ardoyne neighborhood is not a place a tourist would want to visit. Its streets today are the front lines of what some would classify as a religious holy war, and are the regular backdrop for violent scenes of masked demonstrators, burning cars, and heavily armed soldiers and riot police. Guard towers, walls topped with barbed wire, armored cars, and helicopters are part of daily life in this area, but this neighborhood is not in the Middle East. Rather, it lies far to the north in Belfast, Northern Ireland, part of industrialized Western Europe. Here, row upon row of run-down …

Protecting Tribal Stories: The Perils Of Propertization, Stephen D. Osborne

American Indian Law Review

No abstract provided.

Book Review: Bachrach And Turner, Sugar’S Life In The Hood: A Story Of A Former Welfare Mother, Frank W. Munger

Other Publications

No abstract provided.

Shari'ah, Democracy, And The Modern Nation-State: Some Reflections On Islam, Popular Rule, And Pluralism, Sherman A. Jackson

Fordham International Law Journal

In this article, the author examines two considerations that are critical to a full and meaningful assessment of the degree to which Islam, and Islamic law in particular, can find authentic expressions of themselves under what may reasonably be considered a democratic form of government. The first of these has to do with the scope of Islamic law, or more properly, the scope of the interpretive authority of Muslim jurists, and whether a State that is governed by Shari‘ah must necessarily give priority to the views of religious scholars over those of all others in every aspect of life. Does …

Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol

Fordham International Law Journal

This Article focuses on qadis and courts before modern legal reforms with particular emphasis on the life of women and their interaction with the courts. A number of issues will be discussed and points made pertaining to the laws and madhahib [Islamic legal schools] applied in courts, the hierarchies and roles of qadis, and the accessibility of the legal system and knowledge of court procedures to the general public. Court culture, personnel, and record-keeping will also be discussed, as will the philosophy behind the law. The author hopes to illustrate that a viable court system existed before modernization. Although precedent …

More Statistics, Less Persuasion: A Cultural Theory Of Gun-Risk Perceptions, Donald Braman, Dan M. Kahan

GW Law Faculty Publications & Other Works

What motivates individuals to support or oppose the legal regulation of guns? What sorts of evidence or arguments are likely to promote a resolution of the gun control debate? Using the survey methods associated with the cultural theory of risk, we demonstrate that individuals' positions on gun control derive from their cultural world views: individuals of an egalitarian or solidaristic orientation tend to support gun control, those of a hierarchical or individualist orientation to oppose it. Indeed, cultural orientations so defined are stronger predictors of individuals' positions than is any other fact about them, including whether they are male or …

Questioning The Universality Of Human Rights, Paul J. Magnarella

Human Rights & Human Welfare

A review of:

Universal Human Rights? edited by Robert G. Patman. New York: St. Martin’s Press, 2000. 244pp.

and

Dealing with Human Rights: Asian and Western Views on the Value of Human Rights edited by Martha Meijer. Bloomfield, CT: Kumarian Press, 2001. 183pp.

and

The Philosophy of Human Rights by Patrick Hayden. St. Paul: Paragon House, 2001. 686pp.

Practicing Universality: The Inter-Disciplinary Imperatives Of Human Rights, Andrew Fagan

Human Rights & Human Welfare

A review of:

Human Rights: Universality in Practice by Peter R. Baehr. Hampshire, UK: Palgrave, 2001. 178pp.

Elucidating The Elephant: Interdisciplinary Law School Classes, Kim Diana Connolly

Journal Articles

No abstract provided.

Legal Separation: The Relationship Between Law School And The Central University In The Late Nineteenth Century, Mark Bartholomew

Journal Articles

Using Yale Law School as an example, this Article describes the interaction between university-affiliated law schools and the larger university during a crucial period in the development of legal education: the last third of the nineteenth century. At the same time, the Article contrasts Yale with other law schools of the day to show what made Yale unique and how Yale’s nineteenth-century idiosyncrasies would come to shape legal education at other schools in the twentieth century. Part I examines the university administration’s attitude toward the law school and how it typified law school-university relations in the late nineteenth century. Part …

Pope John Paul Ii And The Dignity Of The Human Being, John J. Coughlin

Journal Articles

Since his election in 1978 as the Successor to the Apostle Peter, His Holiness Pope John Paul II has remained one of the principal protagonists on the global stage for the dignity and value of every human being. Although the popular press and media sometimes have been slow to recognize this message, an online search of the Holy Father's copious encyclicals, addresses, and homilies reveals that he has advocated human dignity literally hundreds of times during the course of his twenty-five year pontificate. In fact, long before his election as Pope, Karol Wojtyla was developing his understanding of the dignity …

Indigenous Rights And Intellectual Property Law: A Comparison Of The United States And Australia, Rachael Grad

Duke Journal of Comparative & International Law

No abstract provided.

Manulife Indonesia: A Meditation On Three Mythologies, David K. Linnan

South Carolina Journal of International Law and Business

No abstract provided.

Correspondences And Contradictions In International And Domestic Conflict Resolution: Lessons From General Theory And Varied Contexts, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

Does the field of conflict resolution have any broadly applicable theories that "work" across the different domains of international and domestic conflict? Or, are contexts, participants, and resources so "domain" specific and variable that only "thick descriptions" of particular contexts will do? These are important questions which have been plaguing me in this depressing time for conflict resolution professionals, from September 11,2001 (9/11), to the war against Iraq. Have we learned anything about conflict resolution that really does improve our ability to describe, predict, and act to reduce unnecessary and harmful conflict? These are the questions I want to explore …

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Fordham Law Review

No abstract provided.

Returning To The Roots Of The Bramble Bush: The "But For" Test Regains Primacy In Casual Analysis In The American Law Institute's Proposed Restatement (Third) Of Torts, John D. Rue

Fordham Law Review

No abstract provided.

Where Are We When We Are Beyond Good And Evil?, Tracy B. Strong

Cardozo Law Review

No abstract provided.

From A Biopolitical Point Of View: Nietzsche's Philosophy Of Crime, Friedrich Balke

Cardozo Law Review

No abstract provided.

Law, Religion, And Human Rights In Global Perspective, Mark Modak-Truran

MC Law Review

Law and Religion Symposium: Introduction

Adapting Corporate Governance For Sustainable Peace, Timothy L. Fort, Cindy A. Schipani

Vanderbilt Journal of Transnational Law

Acts of violence toward multinational corporations have important consequences for the way these companies will need to structure their approach to international business. This Article proposes four contributions that corporations can make to sustainable peace. By incorporating sustainable peace as a business objective, multinational corporations may be able to blend extant corporate governance principles with a goal that can significantly contribute to the reduction of violence in society.

Corporate Hypergoals, Sustainable Peace, And The Adapted Firm, Thomas W. Dunfee, Timothy L. Fort

Vanderbilt Journal of Transnational Law

Hypergoals are a set of specifiable goals applicable to all publicly-owned, for-profit corporations independent of their purpose, type, business, or legal governance. The identification of hypergoals should be limited to those factors for which a plausible empirical case can be made concerning their role as essential foundations for efficient business interaction. In the context of hypergoals, corporations have a role to play in working toward global, sustainable peace. In working toward the hypergoal of sustainable peace, corporations must attend to two tiers: an immediate, short-term orientation to foster solidarity with local populations in which the corporation works and a longer-term …

Nationbuilding 101: Reductionism In Property, Liberty, And Corporate Governance, O. L. Reed

Vanderbilt Journal of Transnational Law

In this Article, Professor Reed re-examines the importance of property as a formal legal institution. He continues by arguing that central to creating property is the right to exclude others from resources acquired without force, theft, or fraud. In countries where this right has been firmly established, per capita income far exceeds that of countries lacking a strong right to exclude. Professor Reed then asserts the importance to nation builders of appreciating the virtual semantic equivalence of the terms "property" and "liberty." Finally, he argues that both the specific and broad senses of corporate governance can be reduced to property …

Substantially Limited Justice?: The Possibilities And Limits Of A New Rawlsian Analysis Of Disability-Based Discrimination, Elizabeth Pendo

All Faculty Scholarship

In its recent terms, the Supreme Court has increasingly turned its attention toward the Americans with Disabilities Act, and specifically the questions of who should be protected under the ADA, and what such protection requires. In the wake of the Court's decisions, workers have found it increasingly difficult to assert and protect their right to be free of disability-based discrimination in the workplace. Given the widespread influence of John Rawls in contemporary discussions of social, political and economic justice, his recent and final formulation of his theory of distributive justice presents a significant and promising philosophical foundation for evaluation of …

The Shaping Of Chance: Actuarial Models And Criminal Profiling At The Turn Of The Twenty-First Century, Bernard Harcourt

Faculty Scholarship

The turn of the twentieth century marked a new era of individualization in the field of criminal law. Drawing on the new science of positivist criminology, legal scholars called for diagnosis of the causes of delinquence and for imposition of individualized courses of remedial treatment specifically adapted to these individual diagnoses. "[M]odern science recognizes that penal or remedial treatment cannot possibly be indiscriminate and machine-like, but must be adapted to the causes, and to the man as affected by those causes," leading criminal law scholars declared. "Thus the great truth of the present and the future, for criminal science, is …