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Full-Text Articles in Law

Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer Jan 2014

Surveillance, Speech Suppression And Degradation Of The Rule Of Law In The “Post-Democracy Electronic State”, David Barnhizer

David Barnhizer

None of us can claim the quality of original insight achieved by Alexis de Tocqueville in his early 19th Century classic Democracy in America in his observation that the “soft” repression of democracy was unlike that in any other political form. It is impossible to deny that we in the US, the United Kingdom and Western Europe are experiencing just such a “gentle” drift of the kind that Tocqueville describes, losing our democratic integrity amid an increasingly “pretend” democracy. He explained: “[T]he supreme power [of government] then extends its arm over the whole community. It covers the surface of society …


Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11th, Daniel Kanstroom Nov 2011

Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11th, Daniel Kanstroom

Daniel Kanstroom

In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …


Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo Jan 2007

Immigration Reform, National Security After September 11, And The Future Of North American Integration, Kevin R. Johnson, Bernard Trujillo

Bernard Trujillo

No abstract provided.