Law Commons^™

Comment On Donald Nieman's Paper, Randall Kennedy

Cardozo Law Review

I have two responses to Professor Neiman's paper. One emphasizes a point he makes. The other disagrees a bit with his reading of the promise of Reconstruction.

Black Suffrage And The Redefinition Of American Freedom, 1860-1870, Xi Wang

Cardozo Law Review

One of the most important outcomes of the Civil War was the establishment of a new constitutional order. Under this new order, African Americans, a people whose essential human rights had been denied under the old constitutional order, were constitutionally emancipated from slavery and recognized as American citizens. They received the privileges and immunities that white Americans had automatically assumed. Male black Americans also received the right to vote. This new order, as embraced by the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, was a truly remarkable achievement of Reconstruction. What is additionally significant is that these Amendments became …

The Moral Economy Of The Purchase Of Freedom: Ethical Lessons From The Slave Narratives, Lea Vandervelde

Cardozo Law Review

In his contribution to this symposium, Richard Weisberg tells us a subtle story of what he calls "twin hermeneutics." I will use one of these-"the hermeneutic of acceptance"-to launch my own discussion on the subject of ethical dilemmas. By this term, "the hermeneutic of acceptance," Weisberg means the gradual acceptance by French lawyers of the scheme of racial exclusion newly created by Vichy laws. He traces the digression in legal arguments made by French lawyers during the four years of Vichy rule. French lawyers loaned their prestige to these new laws by means which placed their legal arguments on a …

The Slavery Of Emancipation, Guyora Binder

Cardozo Law Review

The Thirteenth Amendment of the U.S. Constitution commands that "neither slavery nor involuntary servitude shall exist." What has been the effect of this command?

It will serve my present purpose to offer the following toosimple answer to this complex question: the Thirteenth Amendment secured little more than the manumission of slaves already practically freed by the friction of war. It guaranteed, in Confederate General Robert Richardson's now well-known phrase, "nothing but freedom."

Supposing this answer to be true, a further question presents itself: Did the Thirteenth Amendment's effect fulfill its command? Did universal manumission abolish slavery?

A full answer to …

Comment On Guyora Binder, “The Slavery Of Emancipation”, Michael Les Benedict

Cardozo Law Review

When I first received Professor Binder's highly theoretical, speculative, and thought-provoking paper, I wondered whether I was the right person to comment upon it. Professor Binder has a philosophical turn of mind; he is at home in the world of Hegel. I am disoriented in territory more exotic than that of Locke. In the history department of the Ohio State University, I teach the course that introduces our graduate students to the philosophy of history. However, I have always considered that a cosmic practical jokeon my students more than me-cooked up by the shades of Hegel, Collingwood, and Croce.

Paradigms Of Law, Jürgen Habermas

Cardozo Law Review

Among legal scholars expressions such as "social ideal" or "social model," and even "social vision," have become generally accepted ways of referring to the images of society inscribed in a legal system. Such expressions refer to those implicit images of one's own society that guide the contemporary practices of making and applying law. These images or paradigms provide the background for an interpretation of the system of basic rights. In other words, they orient the project of realizing an association of free and equal citizens. A paradigm is discerned primarily in paramount judicial decisions, and it is usually equated with …

The Dynamics Of Constitutional Adjudication, Bernhard Schlink

Cardozo Law Review

Habermas determines the role and legitimacy of constitutional adjudication through three confrontations. First, he confronts both the liberal and the welfare-state paradigms of law, seeing constitutional adjudication move from the former to the latter. Habermas wants this move to arrive at a procedural paradigm of law. Second, he confronts a norm- and a value-oriented understanding of the constitution. Habermas indicates the dangers of the former and the merits of the latter, and attempts to show that principles, understood as norms, should guide constitutional adjudication. Third, he confronts the liberal and the republican views of the political and constitutional process, developing …

Jurgen Habermas’S Theory Of Legal Discourse, Robert Alexy

Cardozo Law Review

Jurgen Habermas's discourse theory of law attempts to show that the ideal contents of the discourse principle can be realized within the institutional frame of a legal system. The result is a theory of the democratic constitutional state whose basic idea is the association and self-determination of free and equal consociates under the law. This theory is far more than a mere application of discourse theory to the law. Discourse theory, on the one hand, demands the institutionalization of a legal system for reasons internal to the theory. On the other hand, the positive law remains dependent on discourse theory …

February 11, 1996, Letter From L. Udall, Irn, And D. Hunter,To Wb President J. Wolfensohn, Regarding 1st Revew Of Panel, David B. Hunter, Lori Udall

World Bank Inspection Panel 1994-Present

No abstract provided.

Human Rights, Environmental Racism: The Nigerian Executions And The Case For The Ogoni, Wendy Irvine

Circles: Buffalo Women's Journal of Law and Social Policy

No abstract provided.

Federal Courts And World Civil Society, Gordon A. Christenson

Faculty Articles and Other Publications

This article proposes that in all international civil litigation federal judges should use international and foreign law pragmatically as an aid to decisions which further the substantive values of "world civil society." These values are similar to those of civil society in a federal republic with an elaborate bill of rights - to preserve voluntary associations of human dignity and enterprise whose spirit transcends the public order of sovereign states.

Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua

Book Reviews

Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).

Limiting The Limitations On Political Speech, Zeev Segal

Human Rights Brief

No abstract provided.

News From The International Criminal Tribunals, Brian Tittemore

Human Rights Brief

No abstract provided.

Hiv/Aids And Human Rights In Mexico, Fernando González-Martín

Human Rights Brief

No abstract provided.

Female Genital Mutilation In The United States: An Examination Of Criminal And Asylum Law, Layli Miller Bashir

American University Journal of Gender, Social Policy & the Law

No abstract provided.

"Two Souls To Struggle With....": The Failing Implementation Of Hungary's New Minorities Law And Discrimination Against Gypsies, Timothy W. Waters, Rachel Guglielmo

Articles by Maurer Faculty

No abstract provided.

Constitutionalism In The Global Era, Elisabeth Zoller

Articles by Maurer Faculty

No abstract provided.

Refugee Act Of 1980: An Empty Promise To Exploited Children, 29 J. Marshall L. Rev. 995 (1996), Jill C. Stroguiludis

UIC Law Review

No abstract provided.

Book Review: From Basic Needs To Basic Rights: Women's Claim To Human Rights. Edited By Margaret A. Schuler. Washington, D.C.: Women, Law And Development International, 1995. 597 Pages., Joel Armstrong Schoenmeyer

Michigan Journal of Gender & Law

In the review of this work, Schoenmeyer will adhere to the structure provided by Schuler. In doing so, he will give an overview of the topics addressed in each individual section and then attempt to tie together and further analyze some of the book's main concepts.

Mdri Advocates For Mental Disability Rights In Latin America, Catherine O'Malley

Human Rights Brief

No abstract provided.

Mdri Releases Report On Hungary's Mental Health System, Kate Nahapetian

Human Rights Brief

No abstract provided.

East Asian Approaches To Human Rights, Christina M. Cerna

Buffalo Journal of International Law

No abstract provided.

Human Rights In Asia: China And The Bangkok Declaration, Michael C. Davis

Buffalo Journal of International Law

No abstract provided.

Foreword: Symposium On East Asian Approaches To Human Rights, Joseph W. Dellapenna

Buffalo Journal of International Law

No abstract provided.

An East Asian Approach To Human Rights, Bilahari Kim Hee P.S. Kausikan

Buffalo Journal of International Law

No abstract provided.

Comparative Analysis Of International And Chinese Human Rights Law--Universality Versus Cultural Relativism, Melanne Andromecca Civic

Buffalo Journal of International Law

No abstract provided.

Trends: Recent Developments In Compensation For The Violation Of Property Rights, Angela Collier

Human Rights Brief

No abstract provided.

Food Shortage In North Korea: Humanitarian Aid Versus Policy Objectives, Timothy J. Min

Human Rights Brief

No abstract provided.