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Full-Text Articles in Law

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan Jan 2005

Law And War: Individual Rights, Executive Authority, And Judicial Power In England During World War I , Rachel Vorspan

Faculty Scholarship

This Article examines the role of the English courts during World War I, particularly the judicial response to executive infringements on individual liberty. Focusing on the areas of detention, deportation, conscription, and confiscation of property, the Article revises the conventional depiction of the English judiciary during World War I as passive and peripheral. It argues that in four ways the judges were activist and energetic, both in advancing the government's war effort and in promoting their own policies and powers. First, they were judicial warriors, developing innovative legal strategies to legitimize detention and other governmental restrictions on personal. Second, they …


Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America , Catherine Powell Jan 2005

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America , Catherine Powell

Faculty Scholarship

This Article challenges the culture clash view of human rights law, which posits a clash between Western countries' presumed respect for women's human rights and non-Western countries' presumed rejection of these rights on cultural and religious grounds. Since the September 11 terrorist attacks, this view has taken on new significance, in light of the perceived civilizational divide between the Western and Muslim worlds. The Article calls into question this view, by examining cultural stereotypes of women used to oppose U.S. ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. My reading, therefore, is at odds …


Ingando Solidarity Camps: Reconciliation And Political Indoctrination In Post-Genocide Rwanda Note, Chi Adanna Mgbako Jan 2005

Ingando Solidarity Camps: Reconciliation And Political Indoctrination In Post-Genocide Rwanda Note, Chi Adanna Mgbako

Faculty Scholarship

This Note, based primarily on interviews with ingando participants, government officials, journalists, and genocide survivors conducted in Rwanda in January 2004, evaluates the merits and limits of government-run ingando solidarity camps as a means of fostering reconciliation in the complicated social landscape of post-genocide Rwanda. Focusing on ingando for ex-combatants, ex-soldiers, students, and released genocidaires, this Note argues that much of the ingando project is focused on the dissemination of pro-RPF ideology, a dangerous undertaking in a country in which political indoctrination and government-controlled information were essential in sparking and sustaining the genocide. Furthermore, a successful reconciliation program must take …