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Full-Text Articles in Law
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …
The Right To Education As An International Human Right, Jost Delbruck
The Right To Education As An International Human Right, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett
Minow’S Social Relations Approach: Unanswering The Unasked Questions, Katharine T. Bartlett
Faculty Scholarship
reviewing Martha Minow, Making All the Difference: Inclusion, Exclusion, and American Law (1990)
Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett
Minnow’S Social Relations Approach: Unanswering The Unasked Questions (Review Essay), Katharine T. Bartlett
Faculty Scholarship
Reviewing Martha Minnow, Making All the Difference: Inclusion, Exclusion and American Law (1990)
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
A Constitutional Right Of Religious Exemption: An Historical Perspective, Philip A. Hamburger
Faculty Scholarship
Did late eighteenth-century Americans understand the Free Exercise Clause of the United States Constitution to provide individuals a right of exemption from civil laws to which they had religious objections? Claims of exemption based on the Free Exercise Clause have prompted some of the Supreme Court's most prominent free exercise decisions, and therefore this historical inquiry about a right of exemption may have implications for our constitutional jurisprudence. Even if the Court does not adopt late eighteenth-century ideas about the free exercise of religion, we may, nonetheless, find that the history of such ideas can contribute to our contemporary analysis. …