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Articles 31 - 60 of 80
Full-Text Articles in Law
An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg
An Essay For Keisha (And A Response To Professor Ford), Barbara J. Flagg
Duke Journal of Gender Law & Policy
In chapter 3 I build on this conclusion and argue that political solidarity based on a common relationship to oppression and domination is the appropriate focus of (racial) identity politics and legal rights assertion; by contrast cultural claims are more contestable on both descriptive and normative terms and should be left to more fluid domains of conflict resolution such as social dialogue, the democratic process and the market economy . . . . With respect to the "foreseeable effects" model, the 1995 test for the first prong, the existence of a foreseeable impact, clearly encompasses more than cultural difference.94 In …
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
Lessons From Equal Opportunity Harasser Doctrine: Challenging Sex-Specific Appearance And Dress Codes, Deborah Zalesne
Duke Journal of Gender Law & Policy
Importing interpretations of Title VII developed from the equal opportunity harasser doctrine to dress code cases-which also fall under the purview of Title VII-would allow courts to focus on the sex-based underpinnings of employer dress codes that construct women as generally inferior to men and the harm that dress codes present to individuals who deviate from accepted gender norms, without requiring comparative evidence of unequal burdens to both sexes.
Toward A New Civil Rights Framework, Guy-Uriel Charles
Toward A New Civil Rights Framework, Guy-Uriel Charles
Faculty Scholarship
No abstract provided.
Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones
Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, Samuel Vincent Jones
Duke Journal of Comparative & International Law
No abstract provided.
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Law and Contemporary Problems
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
An Analysis Of The Rights-Based Justification For Federal Intervention In Environmental Regulation, Daveed Gartenstein-Ross
Duke Environmental Law & Policy Forum
No abstract provided.
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
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
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
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
“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
Closing The Courthouse Doors To Civil Rights Litigants, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
The Legal Subject In Exile, Kathryn Abrams
The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff
The Thirteenth Amendment And The Lost Origins Of Civil Rights, Risa L. Goluboff
Duke Law Journal
For the fifteen years prior to the Supreme Court's 1954 decision in Brown v. Board of Education, "civil rights" did not refer to a unified, coherent category. Rather, the content of the term was open, changing, and contradictory. The lawyers of the Civil Rights Section of the Department of Justice, which was created in 1939, were among those thinking about, and experimenting with, different ways of practicing and framing civil rights in the 1940s. Their practice shows how, as the Great Depression faded and World War II loomed, the most prominent civil rights issues shifted from the labor arena to …
Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley
Foreign Affairs And Domestic Reform (Book Review), Curtis A. Bradley
Faculty Scholarship
Reviewing, Mary L. Dudziak, Cold War Civil Rights: Race and the Image of American Democracy (2000).
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Rights And Rules: An Overview, Matthew D. Adler, Michael C. Dorf
Faculty Scholarship
No abstract provided.
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
Law and Contemporary Problems
Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
The Impact Of The Proposed California Civil Rights Initiative, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Who Is Right About Responsibility: An Application Of Rights Talk To Balla V. Gambro, Inc. And General Dynamics Corp. V. Rose, Justine Thompson
Duke Law Journal
No abstract provided.
Lawyers And Social Justice, Michael E. Tigar
Lawyers And Social Justice, Michael E. Tigar
Faculty Scholarship
No abstract provided.
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
Law and Contemporary Problems
Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
The Second Amendment And The Personal Right To Arms, William Van Alstyne
The Second Amendment And The Personal Right To Arms, William Van Alstyne
Duke Law Journal
No abstract provided.
Rights And Irresponsibility, Linda C. Mcclain
Private Attorneys General, Prevailing Parties, And Public Benefit: Attorney’S Fees Awards For Civil Rights Plaintiffs, David Shub
Duke Law Journal
No abstract provided.
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
Law and Contemporary Problems
Company law in the UK and securities regulation in the US have developed over the past six decades in response to rapidly changing economic, political and social circumstances. The main features of the regulation of primary securities distributions are identified in the two countries, and their treatment of civil liability is compared.
Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr.
Diversity, Mulitculturalism, And Affirmative Action: Duke, The Nas, And Apartheid, Jerome Mccristal Culp Jr.
Faculty Scholarship
No abstract provided.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
A Critique Of Justice Antonin Scalia’S Approach To Fundamental Rights Adjudication, Edward Gary Spitko
A Critique Of Justice Antonin Scalia’S Approach To Fundamental Rights Adjudication, Edward Gary Spitko
Duke Law Journal
No abstract provided.
Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law, Ronald J. Krotoszynski Jr.
Autonomy, Community, And Traditions Of Liberty: The Contrast Of British And American Privacy Law, Ronald J. Krotoszynski Jr.
Duke Law Journal
No abstract provided.