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Full-Text Articles in Law
Drifting Apart: How Wealth And Race Segregation Are Reshaping The American Dream, Sheryll Cashin
Drifting Apart: How Wealth And Race Segregation Are Reshaping The American Dream, Sheryll Cashin
Georgetown Law Faculty Publications and Other Works
Sometime after mid-century, no one racial or ethnic group will be in the majority in the United States. America therefore has two choices in terms of how it will respond to complex diversity. It can forge a new, exciting, multi-cultural identity. Or it can balkanize.
Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks
Feminism And International Law: An Opportunity For Transformation, Rosa Ehrenreich Brooks
Georgetown Law Faculty Publications and Other Works
In this essay, the author wants to outline briefly both some of the ways in which the assumptions and categories of international law can be damaging to women, and also some of the ways in which creative feminists could use international law to transform both international policy and the domestic political and legal discourse. In the wake of September 11, a robust feminist engagement with international law and policy is more urgent than ever before.
Enemy Aliens, David Cole
Enemy Aliens, David Cole
Georgetown Law Faculty Publications and Other Works
In the wake of September 11, many have argued that the new sense of vulnerability that we all feel calls for a recalibration of the balance between liberty and security. In fact, however, much of what our government has done in the war on terrorism has not asked American citizens to make the difficult choice of deciding which of their liberties they are willing to sacrifice for increased security. Instead, the government has taken the politically easier route of selectively sacrificing the rights of aliens, and especially Arab and Muslim aliens, in the name of furthering national security. This is …
In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole
In Aid Of Removal: Due Process Limits On Immigration Detention, David Cole
Georgetown Law Faculty Publications and Other Works
In this Article, I seek to demonstrate the radical consequences that taking due process seriously would have for immigration detention as currently practiced. Part I lays out the general principles that apply to civil preventive detention, which establish that substantive due process is violated without an individualized showing after a fair adversarial hearing that there is something to prevent, namely danger to the community or flight. Part II applies this general framework to immigration detention. It first demonstrates, by a review of Supreme Court decisions, that the Court has applied the same due process principles to immigration detention that it …