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2012

Civil rights

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Articles 1 - 21 of 21

Full-Text Articles in Law

Book Review Of Remaking Customs: Law And Identity In The Early American Republic, By Ellen Holmes Pearson, Steven J. Macias Nov 2012

Book Review Of Remaking Customs: Law And Identity In The Early American Republic, By Ellen Holmes Pearson, Steven J. Macias

Journal of Legal Education

No abstract provided.


Chipping Away At Discrimination At The Country Club, Jennifer Jolly-Ryan Oct 2012

Chipping Away At Discrimination At The Country Club, Jennifer Jolly-Ryan

Pepperdine Law Review

No abstract provided.


Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe Oct 2012

Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe

Human Rights & Human Welfare

Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …


The False Promise Of The Converse-1983 Action, John F. Preis Oct 2012

The False Promise Of The Converse-1983 Action, John F. Preis

Indiana Law Journal

The federal government is out of control. At least that’s what many states will tell you. Not only is the federal government passing patently unconstitutional legislation, but its street-level officers are ignoring citizens’ constitutional rights. How can states stop this federal juggernaut? Many are advocating a “repeal amendment,” whereby two-thirds of the states could vote to repeal federal legislation. But the repeal amendment will only address unconstitutional legislation, not unconstitutional actions. States can’t repeal a stop-and-frisk that occurred last Thursday. States might, however, enact a so-called “converse-1983” action. The idea for converse-1983 laws has been around for some time but …


Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr. Aug 2012

Explaining Korematsu: A Response To Dean Chemerinsky , Robert J. Pushaw Jr.

Pepperdine Law Review

No abstract provided.


"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts Apr 2012

"Indifferent [Towards] Indifference:" Post-Deshaney Accountability For Social Services Agencies When A Child Is Injured Or Killed Under Their Protective Watch, Carolina D. Watts

Pepperdine Law Review

No abstract provided.


Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle Apr 2012

Kant's Categorical Imperative: An Unspoken Factor In Constitutional Rights Balancing, Donald L. Beschle

Pepperdine Law Review

No abstract provided.


Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann Apr 2012

Tortured History: Finding Our Way Back To The Lost Origins Of The Eighth Amendment, Celia Rumann

Pepperdine Law Review

No abstract provided.


Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan Apr 2012

Engendering The History Of Race And International Relations: The Career Of Edith Sampson, 1927–1978, Gwen Jordan

Chicago-Kent Law Review

Edith Sampson was one of the leading black women lawyers in Chicago for over fifty years. She was admitted to the bar in 1927 and achieved a number of firsts in her career: the first black woman judge in Illinois, the first African American delegate to the United Nations, and the first African American appointed to the North Atlantic Treaty Organization. Sampson was also a pro-democracy, international spokesperson for the U.S. government during the Cold War, a position that earned her scorn from more radical African Americans, contributed to a misinterpretation of her activism, and resulted in her relative obscurity …


Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar Apr 2012

Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar

Osgoode Hall Law Journal

How does neo-liberalism change the way we understand rights, law, and justice? With postcolonial and post-liberalization India as its focal point, this article attempts to disrupt the linear, progressive equation that holds that more laws equals more rights equals more justice. This is an equation that has informed and been informed by fundamental rights jurisprudence and law reform, the enactment of legislation to guarantee socio-economic rights, and many of the strategies of social movement activism in contemporary India. This article argues that while these developments have indeed proliferated a public culture of rights, they have simultaneously been accompanied by the …


The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney Mar 2012

The Aclu And The Propriety Of Dispute Resolution In Civil Rights Controversies, Amber Mckinney

Pepperdine Dispute Resolution Law Journal

Section I examines the history, purpose, and methodology of the American Civil Liberties Union. Section II discusses the historical development and use of Alternative Dispute Resolution. Section III, Part A provides examples of its use in environmental controversies, Americans with Disabilities Act disputes, and employment conflicts. Section III, Part B explains the arguments for and against the use of Alternative Dispute Resolution in Civil Rights Controversies. Section IV, Part A looks at examples of the use of Alternative Dispute Resolution by the American Civil Liberties Union, while Part B provides insight into the interplay of Alternative Dispute Resolution and the …


Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn Mar 2012

Random Chance Or Loaded Dice: The Politics Of Judicial Designation, Todd C. Peppers, Katherine Vigilante, Christopher Zorn

The University of New Hampshire Law Review

[Excerpt] “In the 1950s and 1960s, the southern states struggled to respond to the civil rights decisions being issued by the U.S. Supreme Court as well as the new civil rights laws being passed by Congress. The judicial battleground for this perfect storm of evasion and massive resistance was found in the “old” Fifth Circuit Court of Appeals, which encompassed the states of Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas. In the “old” Fifth Circuit, a minority of liberal appeals court judges—sympathetic to the civil rights movement—used all legal and administrative power at their disposal to make sure that the …


What Can We Hope For From Law?, Ellen S. Pryor Feb 2012

What Can We Hope For From Law?, Ellen S. Pryor

Pepperdine Law Review

What can a lawyer of faith hope for, and expect from, law? This Essay, based on the 2008 Louis Brandeis Lecture given at Pepperdine University, discusses why and how this question matters not just as a matter of theory but to our real-world lawyering journeys. The Essay discusses two of the frameworks that can shape our answer to the question: a natural law viewpoint and what the Essay calls a “Lutheran” view. After explaining how these two perspectives might lead to different expectations about the effects of law, the Essay discusses whether either of these approaches is more sustaining or …


Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg Jan 2012

Levinson Is To Mr. Justice "Isaiah" As St. Paul Was To The Prophet Isaiah, Richard H. Weisberg

Pepperdine Law Review

No abstract provided.


Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas Jan 2012

Immigration Control In An Era Of Globalization: Deflecting Foreigners, Weakening Citizens, Strengthening The State, Valsamis Mitsilegas

Indiana Journal of Global Legal Studies

In stark contrast to the field of legislation on the rights of third country nationals or to the requirements and conditions for access to the territory of states, the field of the enforcement of immigration control has been increasingly subject to legal harmonization: either by the adoption of global law on immigration control or by the convergence of domestic law and policy in the field. This convergence is particularly marked when one compares legal responses to immigration control in the United States and the European Union, where globalization has been used to justify the extension of state power-by proclaiming state …


Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut Jan 2012

Global Anti-Anarchism: The Origins Of Ideological Deportation And The Suppression Of Expression, Julia Rose Kraut

Indiana Journal of Global Legal Studies

On September 6, 1901, a self-proclaimed anarchist named Leon Czolgosz fatally shot President William McKinley at the Pan-American Exposition in Buffalo, New York. This paper places the suppression of anarchists and the exclusion and deportation of foreigners in the aftermath of the "shot that shocked the world" within the context of international anti-anarchist efforts, and reveals that President McKinley's assassination successfully pulled the United States into an existing global conversation over how to combat anarchist violence. This paper argues that these anti-anarchist restrictions and the suppression of expression led to the emergence of a "free speech consciousness" among anarchists, and …


Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein Jan 2012

Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein

American University International Law Review

No abstract provided.


The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala Jan 2012

The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala

American University International Law Review

No abstract provided.


Belford Vance Lawson, Jr.: Life Of A Civil Rights Litigator, Gregory S. Parks Jan 2012

Belford Vance Lawson, Jr.: Life Of A Civil Rights Litigator, Gregory S. Parks

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann Jan 2012

Case Studies And The Classroom: Enriching The Study Of Law Through Real Client Stories, Michael Millemann

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.


Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin Jan 2012

Tangled Up In Law: The Jurisprudence Of Bob Dylan, Michael L. Perlin

Fordham Urban Law Journal

In this Article, I will try to create a topography of Bob-as-jurisprudential scholar by looking at selected Dylan songs in these discrete areas of law (and law-and-society): civil rights; inequality of the criminal justice system; institutions; governmental/judicial corruption; equality and emancipation (political and economic); poverty, the environment, and inequality of the civil justice system; and the role of lawyers and the legal process.