Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 4 of 4

Full-Text Articles in Law

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher Oct 2012

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Diane Orentlicher

No abstract provided.


Who's The Fascist? Uses Of The Nazi Past At The Geert Wilders Trial, Robert Kahn Mar 2012

Who's The Fascist? Uses Of The Nazi Past At The Geert Wilders Trial, Robert Kahn

Robert Kahn

ABSTRACT: This essay looks at how, during his trial, Geert Wilders and his opponents used references to the Nazi era – including but not limited to the Holocaust – to frame debates over Muslim immigration, Wilders himself, and the acceptability of hate speech trials. The Wilders trial is especially interesting because each side sought to call the other a “fascist.” For Wilders, the Quran was a fascist book, an Islamic Mein Kampf. To his opponents, Wilders was a “prototypical” fascist, one who spoke to the gut not the mind. But perhaps the strongest use of the Nazi past involved victims. …


Judging Stories, Noah Novogrodsky Dec 2011

Judging Stories, Noah Novogrodsky

Noah B Novogrodsky

Judging Stories Abstract This Article uses the confluence of incitement to genocide and hate speech in a single case to explore the power of stories in law. That power defines how we see the world, how we form communities of meaning and how we speak to one another. Previous commentators have recognized that law is infused with stories, from the narratives of litigants, to the rhetoric of lawyers, to the tales that judges interpret and create in the form of written opinions. This Article builds on those insights to address the problems posed by transnational speech and the question of …


Fulfilling The U.S. Obligation To Prevent Exterminationism: A Comprehensive Approach To Regulating Hate Speech And Dismantling Systems Of Genocide., Sarah E. Ryan Dec 2011

Fulfilling The U.S. Obligation To Prevent Exterminationism: A Comprehensive Approach To Regulating Hate Speech And Dismantling Systems Of Genocide., Sarah E. Ryan

Sarah E Ryan

No abstract provided.