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Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse
Protecting Liberty And Autonomy: Desert/Disease Jurisprudence, Stephen J. Morse
All Faculty Scholarship
This contribution to a symposium on the morality of preventive restriction on liberty begins by describing the positive law of preventive detention, which I term "desert/disease jurisprudence." Then it provides a brief excursus about risk prediction (estimation), which is at the heart of all preventive detention practices. Part IV considers whether proposed expansions of desert jurisprudence are consistent with retributive theories of justice, which ground desert jurisprudence. I conclude that this is a circle that cannot be squared. The following Part canvasses expansions of disease jurisprudence, especially the involuntary civil commitment of mentally abnormal, sexually violent predators, and the use …
Post-Conflict Reconstruction In Sri Lanka And Cyprus: Avoiding A Stalemate, Jyotsna Shankar
Post-Conflict Reconstruction In Sri Lanka And Cyprus: Avoiding A Stalemate, Jyotsna Shankar
CMC Senior Theses
By comparing the post-conflict reconstruction patterns of Cyprus and Sri Lanka, it is possible to evaluate what was or was not effective in the Cyprus case and how these lessons may be applied to Sri Lanka. Considering the underlying similarities of the two islands’ respective conflicts, the focus determining the best course of action for Sri Lanka, so that it does not face the same stalemate situation as Cyprus. The recommended policy contrasts with the consociationalist models proposed for Cyprus, and is instead based on the unique Basque model of autonomy.