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Full-Text Articles in Law
Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder
Overreaction Then (Korematsu) And Now (The Detainee Cases), Fritz Snyder
Faculty Journal Articles & Other Writings
In light of the "detainee cases," this article uses Korematsu v. U.S. as a case study in how things can go grievously wrong when the government overreacts to the threat of terrorism and individual rights disappear.
Dilemmas Of Cultural Legality: A Comment On Roger Cotterrell's 'The Struggle For Law' And A Criticism Of The House Of Lords' Opinions In Begum, John Mikhail
Georgetown Law Faculty Publications and Other Works
In “The Struggle for Law: Some Dilemmas of Cultural Legality,” Professor Roger Cotterrell argues that the law’s most distinctive aspiration is to promote a respectful exchange of ideas among different parts of a multicultural society. He illustrates his thesis with the House of Lords’ decision in Begum, describing it as “a relatively successful contribution to the process by which battlefields of rights are turned into areas of routine structuring” and finding much to admire in the messages communicated by the Lords in this case. I am more troubled by the Lords’ opinions in Begum and less convinced than Cotterrell seems …