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Articles 1 - 28 of 28

Full-Text Articles in Law

When More Is Less—Swat And Procedural Justice, Timothy C. Macdonnell Sep 2016

When More Is Less—Swat And Procedural Justice, Timothy C. Macdonnell

Washington and Lee Journal of Civil Rights and Social Justice

Since the “war on drugs” began in the early 1970s the use of Special Weapons and Tactics units has increased exponentially. These units, originally designed to address unique policing situations like riots or a barricaded gun man, are now deploying approximately 60,000 times a year. Over half of those deployments are for search warrants. Because SWAT units deploy assuming that they are going to a situation with a high likelihood of violence, their tactics reflect that assumption. SWAT means and methods emphasize the decisive use of force to resolve conflicts. These means and methods do not encourage communication between police …


Table Of Contents Sep 2016

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings Sep 2016

“Lord Forgive Me, But He Tried To Kill Me”*: Proposing Solutions To The United States’ Most Vexing Racial Challenges, André Douglas Pond Cummings

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern Sep 2016

Defense Support Of Civil Authorities: An Examination Of Trends Impacting Upon Police Militarization, Kevin H. Govern

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs Sep 2016

Racial Profiling In The Era Of Black De-Constitutionalism, Donald F. Tibbs

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Tinker, Taylor, Schoolhouse, Speech: The Impact Of The Internet And Social Media On Public School Administrators’ Authority To Control Student Speech, Olivia Broderick Sep 2016

Tinker, Taylor, Schoolhouse, Speech: The Impact Of The Internet And Social Media On Public School Administrators’ Authority To Control Student Speech, Olivia Broderick

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The No-Fly List: The New Redress Procedures, Criminal Treatment, And The Blanket Of “National Security”, Chelsea Creta Sep 2016

The No-Fly List: The New Redress Procedures, Criminal Treatment, And The Blanket Of “National Security”, Chelsea Creta

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Can You Hear Me Now? The Reasonableness Of Sending Notice Through Text Messages And Its Potential Impact On Impoverished Communities, Caley Degroote Sep 2016

Can You Hear Me Now? The Reasonableness Of Sending Notice Through Text Messages And Its Potential Impact On Impoverished Communities, Caley Degroote

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl Jul 2016

The United States And The International Criminal Court: A Complicated, Uneasy, Yet At Times Engaging Relationship, Leila Nadya Sadat, Mark A. Drumbl

Scholarly Articles

The United States is not a party to the International Criminal Court and this Article demonstrates that it has a complicated relationship to questions of complementarity in the Rome Statute. Federal and (to a small degree) state criminal law in the United States codifies some of the crimes that, conceptually, relate to conduct proscribed in the Rome Statute, but coverage is incomplete and jurisdiction may often be lacking. Thus, the United States is able to prosecute a limited number of ICC crimes in federal courts as such, particularly genocide, torture, and some war crimes including the recruitment or use of …


A Rejoinder To G. Skinner's Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries' Violations Of International Human Rights Law, Radu Mares Jun 2016

A Rejoinder To G. Skinner's Rethinking Limited Liability Of Parent Corporations For Foreign Subsidiaries' Violations Of International Human Rights Law, Radu Mares

Washington and Lee Law Review Online

No abstract provided.


Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson Jun 2016

Different Script, Same Caste In The Use Of Passive And Active Racism: A Critical Race Theory Analysis Of The (Ab)Use Of “House Rules” In Race-Related Education Cases, Steven L. Nelson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson Jun 2016

The Death Penalty And Mental Illness In International Human Rights Law: Toward Abolition, Richard J. Wilson

Washington and Lee Law Review

No abstract provided.


Masthead And Front Matter Jun 2016

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Jun 2016

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Debating Slavery And Empire In The Washington College Literary Societies, Alfred L. Brophy Jun 2016

Debating Slavery And Empire In The Washington College Literary Societies, Alfred L. Brophy

Washington and Lee Journal of Civil Rights and Social Justice

This paper examines the debates of the Washington and Graham Literary Societies at Washington College in the 1850s. It has two purposes. The first is to use the debate topics as a gauge of the issues on the minds of Washington College’s students, particularly as they related to slavery and empire. This is part of the growing literature on the intellectual history of the pre-Civil War South and of its connection to slavery, for issues of race and slavery were common in the debates. The second is a more theoretical point. I seek to intervene in the popular constitutionalism literature …


Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss Jun 2016

Not Just A Game: The Employment Status And Collective Bargaining Rights Of Professional Esports Players, Hunter Amadeus Bayliss

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Power To Retaliate: How Nassar Strips Away The Protections Of Title Vii, Catherine Donnelly Jun 2016

The Power To Retaliate: How Nassar Strips Away The Protections Of Title Vii, Catherine Donnelly

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Masthead And Front Matter Mar 2016

Masthead And Front Matter

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Table Of Contents Mar 2016

Table Of Contents

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Marriage, Monogamy, And Affairs: Reassessing Intimate Relationships In Light Of Growing Acceptance Of Consensual Non-Monogamy, Linda S. Anderson Mar 2016

Marriage, Monogamy, And Affairs: Reassessing Intimate Relationships In Light Of Growing Acceptance Of Consensual Non-Monogamy, Linda S. Anderson

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Pledge For The Public Good: A Student-Led Initiative To Incorporate Morality & Justice In Every Classroom, Alexi Freeman, Katherine Steefel Mar 2016

The Pledge For The Public Good: A Student-Led Initiative To Incorporate Morality & Justice In Every Classroom, Alexi Freeman, Katherine Steefel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann Mar 2016

Birchfield V. North Dakota:Why The United States Supreme Court Should Rely On Riley V. California To Hold That Criminalizing A Suspect’S Refusal To Consent To A Warrantless Blood Test Violates The Fourth Amendment, Adam Lamparello, Cynthia Swann

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine Mar 2016

Practical Reasoning And The Application Of General Federal Regulatory Laws To Indian Nations, Alex T. Skibine

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Protecting Human Trafficking Victims From Punishment And Promoting Their Rehabilitation: The Need For An Affirmative Defense, Francisco Zornosa Mar 2016

Protecting Human Trafficking Victims From Punishment And Promoting Their Rehabilitation: The Need For An Affirmative Defense, Francisco Zornosa

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Silence Or Noise?: The Future Of Public Employees Free Speech Rights And The United States Supreme Court’S Jurisprudence On The Scope Of The Right, Laura Dallago Mar 2016

Silence Or Noise?: The Future Of Public Employees Free Speech Rights And The United States Supreme Court’S Jurisprudence On The Scope Of The Right, Laura Dallago

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella Jan 2016

The Stewardship Of Trust In The Global Value Chain, Kishanthi Parella

Scholarly Articles

Global governance has not yet caught up with the globalization of business. As a result, our headlines provide daily accounts of the extent and consequences of these "governance gaps." The ability of corporations to evade state control also contributes to an unusual, even frightening, phenomenon: corporations are governing like states. Some governance functions traditionally delivered by state actors are now increasingly undertaken by transnational corporations. One area that is experiencing this substitution is dispute resolution of human rights. Corporations and other business enterprises, individually or collectively, are creating a variety of grievance mechanisms to address human rights and other conflicts …


Victims Who Victimise, Mark A. Drumbl Jan 2016

Victims Who Victimise, Mark A. Drumbl

Scholarly Articles

How to speak of the agency of the oppressed to harm others in times of atrocity? This article juxtaposes Holocaust literature (Levi, Frankl, Kertesz, Ka-Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court.


Transitional Justice Moments, Mark A. Drumbl Jan 2016

Transitional Justice Moments, Mark A. Drumbl

Scholarly Articles

Human rights are admittedly abstract but remain deeply personal. Often, however, it is easier for transitional justice to grapple with abstracted rights than it is to come to terms with actual human beings with all our indecision, nuance, resilience and unpredictability. A transitional justice brimming with abstractions and guidelines but that condescends flesh-and-blood beings quickly becomes ineffective and dehumanized. The vacillations of the human condition may well exasperate and confound, but they may also surprise and please. They may demonstrate growth and reveal great beauty. Senegalese writer Mariama Ba, in So Long a Letter, recounts how Ramatoulaye responds to …