Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Osgoode Hall Law School of York University (8)
- Georgetown University Law Center (4)
- University of Maryland Francis King Carey School of Law (3)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (2)
- Washington and Lee University School of Law (2)
-
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Penn State Law (1)
- University of Arkansas at Little Rock William H. Bowen School of Law (1)
- University of Colorado Law School (1)
- University of Oklahoma College of Law (1)
- University of Pennsylvania Carey Law School (1)
- University of Pittsburgh School of Law (1)
- Villanova University Charles Widger School of Law (1)
- Western New England University School of Law (1)
- Publication
-
- Osgoode Hall Law Journal (8)
- Faculty Scholarship (3)
- Georgetown Law Faculty Publications and Other Works (3)
- University of Maryland Law Journal of Race, Religion, Gender and Class (3)
- Scholarly Works (2)
-
- Washington and Lee Journal of Civil Rights and Social Justice (2)
- All Faculty Scholarship (1)
- Articles (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Oklahoma Law Review (1)
- Publications (1)
- Testimony Before Congress (1)
- University of Arkansas at Little Rock Law Review (1)
- Villanova Law Review (1)
- Publication Type
Articles 1 - 30 of 30
Full-Text Articles in Law
America After 9/11: Freedom Preserved Or Freedom Lost: Hearing Before The S. Comm. On The Judiciary, 108th Cong., Nov. 18, 2003 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders
Twenty-Five Years Of A Divided Court And Nation: "Conflicting" Views Of Affirmative Action And Reverse Discrimination, Shaakirrah R. Sanders
University of Arkansas at Little Rock Law Review
No abstract provided.
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde
Osgoode Hall Law Journal
This article examines the ways in which the law of bail has been used to criminalize dissent in Canada. Three case studies are analyzed to demonstrate how the law of bail has been applied to those arrested at global justice demonstrations associated with militant civil disobedience. The first case study examines the bail conditions imposed on protesters arrested at anti-APEC demonstrations in Vancouver 1997. These bail conditions were intentionally designed to prevent those arrested from attending the protests. The second case study focuses on the Ontario Coalition Against Poverty (OCAP), with an analysis of how the bail system has been …
The Right To Civil Disobedience, Vinit Haksar
The Right To Civil Disobedience, Vinit Haksar
Osgoode Hall Law Journal
This article compares and contrasts the way Gandhi understands the right to civil disobedience with the way this right is understood by some contemporary liberals. Some of the implications of the right to civil disobedience are also discussed. The right to civil disobedience implies that the authorities should extend some tolerance to civil disobedients not only when they are correct, but also when they are reasonably mistaken in their views. Tolerance here does not involve preventing civil disobedients from breaking the law, and implies that when civil disobedients break the law, they have a claim not to be punished or …
Social Resistance And The Disturbing Of The Peace, John Clarke
Social Resistance And The Disturbing Of The Peace, John Clarke
Osgoode Hall Law Journal
Argues that preserving the Peace maintains injustice, and that it is morally just and historically necessary to challenge it with acts of social resistance.
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Les contributions à cette collection proviennent des activités d’un projet de deux ans. Son but consistait à inviter les étudiants, la faculté, tous les membres de la communauté d'Osgoode et de la communauté juridique dans leur ensemble, à s'associer à un débat permanent sur la nature et les limites du droit, vues à travers le prisme de la conduite de désobéissance civile dans une politie juridique qui avait de longue date développé des institutions démocratiques et propagé les libertés civiques. À cette fin, divers panels, séminaires et conférences ont été organisés dès l'automne 2001. Ils sont évoqués dans le curriculum …
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek
Osgoode Hall Law Journal
Based on a two-year project launched by the Journal. Its goal was to engage students, faculty, and all members of the wider Osgoode and professional communities in an ongoing discussion about the nature and limits of law, seen through the lens of civil disobedient conduct in a legal polity that had developed mature democratic and civil liberty enhancing institutions. To this end, a variety of panels, seminars, and lectures were organized, beginning in the Fall of 2001. They were interpellated into the law school's curriculum. A culminating event was a conference in the Fall of 2002, to which a select …
Civil Disobedience And Academic Freedom, Leslie Green
Civil Disobedience And Academic Freedom, Leslie Green
Osgoode Hall Law Journal
What is the relation between the forms of principled law-breaking that we know as civil disobedience and the special rights of teachers and students that comprise academic freedom? It is argued that academic freedom does not give them a right to engage in civil disobedience, not even on campus. At the same time, however, academic freedom does protect them in studying, discussing, assessing, and even recommending civil disobedience--even when their opinions and recommendations are misguided or wrong. The subject is discussed in light of some recent cases.
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer
Osgoode Hall Law Journal
This article offers a preliminary theoretical statement on the law as a set of boundaries constraining class struggle in the interests of capitalist authority. But those boundaries are not forever fixed, and are constantly evolving through the pressures exerted on them by active working-class resistance, some of which takes the form of overt civil disobedience. To illustrate this process, the author explores the ways in which specific moments of labour upheaval in 1886, 1919, 1937, and 1946 conditioned the eventual making of industrial legality. When this legality unravelled in the post-World War II period, workers were left vulnerable and their …
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson
Osgoode Hall Law Journal
Discusses the role of judges when cases of civil disobedience are brought before the court.
Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson
Reforming Civil Rights With Systems Reform: Health Care Disparities, Translation Services, & Safe Harbors, Sidney D. Watson
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
From Hutchins Hall To Hyderabad And Beyond: A Comparative Look At Affirmative Action In Three Jurisdictions, Jason Morgan-Foster
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Transgender Jurisprudence: Dysphoric Bodies Of Law, Jennifer L. Levi
Transgender Jurisprudence: Dysphoric Bodies Of Law, Jennifer L. Levi
Faculty Scholarship
This is a book review of Andrew Sharpe's "Transgender Jurisprudence: Dysphoric Bodies of Law." The Author discusses the contribution Sharpe makes to the transgender rights movement as invaluable for two reasons. First, it provides the first in-depth and full-length comprehensive treatment of the topic of transgender jurisprudence, and emerges as the foundational work by which others will be measured. Second, it exposes the homophobia underlying many of the key decisions, particularly in the area of marriage and family law, and provides an important link between the lesbian, gay, bisexual, and transgender movements which should not be ignored by activists from …
Reviewing The Play: How Faulty Premises Affected The Work Of The Commission On Opportunity In Athletics And Why Title Ix Protections Are Still Needed To Ensure Equal Opportunity In Athletics, Jocelyn Samuels
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
The Child Citizenship Act And The Family Reunification Act: Valuing The Citizen Child As Well As The Citizen Parent, Victor C. Romero
Journal Articles
Leading civil rights advocates today lament the degree to which current immigration law fails to maintain family unity. The recent passage of the Child Citizenship Act of 2000 is a rare bipartisan step in the right direction because it grants automatic citizenship to foreign-born children of U.S. citizens upon receipt of their permanent resident status and finalization of their adoption. Congress now has before it the Family Reunification Act of 2001, which aims to restore certain procedural safeguards relaxed in 1996 to ensure that foreign-born parents are not summarily separated from their children, many of whom may be U.S. citizens. …
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Infected Judgment: Legal Responses To Physician Bias, Mary Crossley
Articles
Substantial evidence indicates that clinically irrelevant patient characteristics, including race and gender, may at times influence a physician's choice of treatment. Less clear, however, is whether a patient who is the victim of a biased medical decision has any effective legal recourse. Heedful of the difficulties of designing research to establish conclusively the role of physician bias, this article surveys published evidence suggesting the operation of physician bias in clinical decision making. The article then examines potential legal responses to biased medical judgments. A patient who is the subject of a biased decision may sue her doctor for violating his …
Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer
Jose Padilla: Enemy Combatant Or Common Criminal, Samantha A. Pitts-Kiefer
Villanova Law Review
No abstract provided.
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
You Can't Ask (Or Say) That: The First Amendment And Civil Rights Restrictions On Decisionmaker Speech, Helen Norton
Publications
Federal, state, and local civil rights laws regulate private decisionmaking about whom an employer may hire or fire, to whom a landlord may rent an apartment, or to whom a creditor may extend credit. In prohibiting discriminatory conduct, however, these laws also limit the speech of those making these decisions. In this Article, Professor Norton explores how we might think about these civil rights laws in the context of the First Amendment, and their place within the Supreme Court's commercial speech jurisprudence. She concludes that the speech restricted by these laws may be characterized as falling outside the protection of …
The Activist Insecurity And The Demise Of Civil Rights, John Valery White
The Activist Insecurity And The Demise Of Civil Rights, John Valery White
Scholarly Works
Civil rights law is today moribund. An impressive edifice, built upon the ruins of Jim Crow, with the blood and sweat of the civil rights movement, and intended to both dismantle that system and ensure the civil liberties that Jim Crow illustrated were all too easily lost, civil rights law was to be the lasting monument of the civil rights struggle. Fortified by this legacy, civil rights law retains a symbolic value, implying that there are formidable forces working to protect citizens from abusive state action, to ensure a broad anti-discrimination ethic, and to fix the wrongs of Jim Crow. …
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Federal Courts: Alexander V. Sandoval: Civil Rights Without Remedies, Benjamin Labow
Oklahoma Law Review
No abstract provided.
Foreward: Is Civil Rights Law Dead?, John Valery White
Foreward: Is Civil Rights Law Dead?, John Valery White
Scholarly Works
This forward to The Louisiana Law Review’s Spring 2003 Symposium on civil rights presents a hypothetical that highlights the perils of civil rights litigation.
Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett
Where Shall We Live? Class And The Limitations Of Fair Housing Law, Wendell Pritchett
All Faculty Scholarship
This paper examines the effort to secure fair housing laws at the local, state and federal levels in the 1950s, focusing in particular on New York City and state. It will examine the arguments that advocates made regarding the role the law should play in preventing housing discrimination, and the relationship of these views to advocates' understanding of property rights in general. My paper will argue that fair housing advocates had particular conceptions about the importance of housing in American society that both supported and limited their success. By arguing that minorities only sought what others wanted - a single-family …
Tolerance As Understanding, Jay Schiffman
Tolerance As Understanding, Jay Schiffman
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker
Tumbling Towers As Turning Points: Will 9/11 Usher In A New Civil Rights Era For Gay Men And Lesbians In The United States?, Susan J. Becker
Law Faculty Articles and Essays
This article examines the events of 9/11, and the potential resultant shifts in attitude, policies, and laws in the United States, through the lens of civil rights extended to gay and lesbian citizens. It seeks, but does not purport to definitively discover, the true meaning of the phrase "life will never be the same." It asks, but does not purport to fully answer, whether historians a century or two hence will look back on 9/11 as the turning point when the United States began to fulfill its promise of liberty to all people, or whether this date will be earmarked …
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Civil Rights And Civil Liberties: Whose “Rule Of Law”?, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole
Security And Freedom: Are The Governments' Efforts To Deal With Terrorism Violative Of Our Freedoms?, David Cole
Georgetown Law Faculty Publications and Other Works
One of the most common things that is said about September 11th is that it changed everything. In some respects, that is true. In the most important respects it would be more accurate to say it has changed everything for some, far more than it has for others. One instance of that can be seen in a pole that National Public Radio did one year after September 11th. They asked people to what extent their life had changed. They asked them whether they had to give up any important rights or freedoms in the war on terrorism. Only seven percent …
Defending Korematsu?: Reflections On Civil Liberties In Wartime, Mark V. Tushnet
Defending Korematsu?: Reflections On Civil Liberties In Wartime, Mark V. Tushnet
Georgetown Law Faculty Publications and Other Works
According to Justice William J. Brennan, "After each perceived security crisis ended, the United States has remorsefully realized that the abrogation of civil liberties was unnecessary. But it has proven unable to prevent itself from repeating the error when the next crisis came along." This Article examines that observation, using Korematsu as a vehicle for refining the claim and, I think, reducing it to a more defensible one. Part I opens my discussion, providing some qualifications to the broad claim about threats to civil liberties in wartime. Part II then deals with Korematsu and other historical examples of civil liberties …
A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger
A Comment On Grutter And Gratz V. Bollinger, Lee C. Bollinger
Faculty Scholarship
Now that the Supreme Court has definitively resolved (at least for a generation) the issue of the constitutionality of affirmative action in American higher education, thereby continuing without major adjustment what has been the practice in our selective colleges and universities for more or less the last thirty years, it is easy to forget how different the United States would have looked in the years ahead if only one vote had shifted to the dissenting side. Just how precipitous and long-lasting the decline in racial and ethnic diversity would have been is a complicated matter, but that it would have …
The New Mccarthyism: Repeating History In The War In Terrorism, David Cole
The New Mccarthyism: Repeating History In The War In Terrorism, David Cole
Georgetown Law Faculty Publications and Other Works
This Essay will argue that the government has invoked two methods in particular in virtually every time of fear. The first, discussed in Part I, involves a substantive expansion of the terms of responsibility. Authorities target individuals not for what they do or have done but based on predictions about what they might do. These predictions often rely on the individuals' skin color, nationality, or political and religious associations. The second method, the subject of Part II, is procedural-the government invokes administrative processes to control, precisely so that it can avoid the guarantees associated with the criminal process. In hindsight, …