Law Commons^™

Dehumanising The Human Rights, Maurya Vijay Chandra

Maurya Vijay Chandra

Two submissive souls appearing docile to the core--one 14 year old Manoj with his wrist in one of the hand cuffs while another wrist locked up with that of Jawahir, a 30 year old lean and thin man. These unusual mates stepped down from an Auto with a constable. I say mates because they were sharing the load of the iron chain wrapped around in layers. We could not believe ourselves that all this could happen in the heart of the capital, at Deen Dayal Upadhyay Hospital, Delhi.

Relativism, Reflective Equilibrium, And Justice, Justin Schwartz

Justin Schwartz

THIS PAPER IS THE CO-WINNER OF THE FRED BERGER PRIZE IN PHILOSOPHY OF LAW FOR THE 1999 AMERICAN PHILOSOPHICAL ASSOCIATION FOR THE BEST PUBLISHED PAPER IN THE PREVIOUS TWO YEARS.

The conflict between liberal legal theory and critical legal studies (CLS) is often framed as a matter of whether there is a theory of justice that the law should embody which all rational people could or must accept. In a divided society, the CLS critique of this view is overwhelming: there is no such justice that can command universal assent. But the liberal critique of CLS, that it degenerates into …

Massachusetts Criminal Defense: 1997 Cumulative Supplement, Daniel Kanstroom, Eric Blumenson, Stanley Fisher

Daniel Kanstroom

No abstract provided.

Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom

Daniel Kanstroom

Nativism - an intense opposition to immigrants and other non-native members of society - has been deeply imbedded in the American character from the earliest days of the nation. Dating from the Alien and Sedition controversy of 1798 to California's recent Proposition 187, nativism has long been a driving force in policy making, a particular irony in a country founded and populated by immigrants.

This anthology of original, specially commissioned essays is informed at its core by George Santayana's famous edict that "Those who cannot remember the past are condemned to repeat it." Examining the current surge in nativism in …

Palestinian Authority Draft Constitutions: Human Rights And Minority Rights, Anthony Chase

Anthony Chase

No abstract provided.

Lionheart Gals Facing The Dragon : The Human Rights Of Inter/National Black Women In The United States, Hope Lewis

Hope Lewis

This Article commands a more explicit engagement of critical race scholarship with feminist international human rights strategies. It focuses on Jamaican-American women. Part I discusses key aspects of the historical and sociological context in which the migration of Jamaican women to the New York City area has occurred. It also discusses trends in their participation in the paid labor force since the migratory patterns of Jamaican women are strongly linked to their employment opportunities. Part II describes and analyzes significant survival strategies used by working-class Jamaican-American women to escape from, reshape, or resist the exploitative conditions they face. The strategies …

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega

Connie de la Vega

This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties …

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.