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Duke Law

2002

Civil rights

Articles 1 - 5 of 5

Full-Text Articles in Law

The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan Apr 2002

The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan

Law and Contemporary Problems

In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.


The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan Apr 2002

The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan

Law and Contemporary Problems

Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.


Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski Apr 2002

Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski

Law and Contemporary Problems

The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.


“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel Apr 2002

“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel

Law and Contemporary Problems

Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.


Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky Jan 2002

Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.