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The Progressives: Racism And Public Law, Herbert J. Hovenkamp
The Progressives: Racism And Public Law, Herbert J. Hovenkamp
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American Progressivism inaugurated the beginning of the end of American scientific racism. Its critics have been vocal, however. Progressives have been charged with promotion of eugenics, and thus with mainstreaming practices such as compulsory housing segregation, sterilization of those deemed unfit, and exclusion of immigrants on racial grounds. But if the Progressives were such racists, why is it that since the 1930s Afro-Americans and other people of color have consistently supported self-proclaimed progressive political candidates, and typically by very wide margins?
When examining the Progressives on race, it is critical to distinguish the views that they inherited from those that …
Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti
Brief For Justice Richard J. Goldstone As Amicus Curiae In Support Of Petitioner, Sarah Paoletti
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Amicus curiae herein argue the present petition for a writ of certiorari should be granted as it rightly questions the very legitimacy of the military commission used to try Petitioner based on a theory of equality. International and comparative law further bolster Petitioner’s argument that the Military Commissions Act’s establishment of a segregated criminal justice system in which only non-citizens are subject to military commission jurisdiction violates the equal rights of Petitioner and all non-citizens subject to its jurisdiction.
Equality is a central principle undergirding human rights law that pre-dates the founding of the United Nations and the drafting of …