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Full-Text Articles in Law
Who Should Control Children's Education?: Parents, Children, And The State, Maxine Eichner
Who Should Control Children's Education?: Parents, Children, And The State, Maxine Eichner
ExpressO
The article considers how liberal democracies and their courts should address disputes about children’s education when they arise in public schools. I argue that in a liberal democracy it is inevitable that there will be conflicts among parents, children, and the state’s interests with respect to public education. Given the legitimacy of claims by the community to have a say in how its future citizens should be educated; the equally legitimate claims of parents to have a say in how their own children should be educated; the need for children to develop the autonomy that liberalism demands; and the needs …
Democracy And Tort Reform In The U.S.A., Christopher J. Roederer
Democracy And Tort Reform In The U.S.A., Christopher J. Roederer
ExpressO
Democracy in the United States of America is in decline. In much the same way that progressive tort reform was made possible by democratic gains since the 1950s, the current tort retrenchment has been made possible by our democratic losses since the 1980s. Just as tort reform in the 1960s and 1970s helped consolidate and protect our democratic gains, the tort “reforms” from the 1980s to the present have helped further consolidate and protect our rising plutocracy. After a brief introduction setting the stage in broad stroke for the argument that follows, part II draws on recent literature in the …
Forgetting Freud: The Courts' Fear Of The Subconscious In Date Rape (And Other) Criminal Cases, Andrew E. Taslitz
Forgetting Freud: The Courts' Fear Of The Subconscious In Date Rape (And Other) Criminal Cases, Andrew E. Taslitz
ExpressO
Courts too often show a reluctance to learn the lessons taught by social science in criminal cases, especially where subconcious processes are involved. The subconscious is seen as rarely relevant and, in the unusual cases where it is relevant, it is viewed as a disease commandeering the conscious mind and thus helping to exculpate the accused. Drawing on the example of forensic linguistics in date rape cases as illustrative of a broader phenomenon, this article argues that the courts' misuse of social science stems from fear and misunderstanding of the workings of the subconscious mind. Accordingly, the piece contrasts the …
Counter-Majoritarian Difficulty In South African Constitutional Law, Reynaud Neil Daniels
Counter-Majoritarian Difficulty In South African Constitutional Law, Reynaud Neil Daniels
ExpressO
The paper explores the apparent conflict between democracy and constitutionalism, in the context of some of the South African Constitutional Court. The paper concludes that although the Court has been excessively deferent in some areas, it has nevertheless not neglected its role as the guardian of the South African Constitution.
Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato
Cambodia At A Crossroads: How Repealing Untac Article 63, Cambodia's Current Defamation Law, Will Lead To A More Vigorous Democracy, Alicia A. Adornato
ExpressO
Cambodia’s current criminal defamation law is an impermissible intrusion of Cambodians’ constitutionally guaranteed right to freedom of expression. The law itself is a remnant of the United Nations Transitional Authority in Cambodia. Moreover it is now being used as a tool to silence the government’s political opposition through a weak judiciary system, leaving in its wake a democracy afraid to exercise its constitutionally guaranteed rights. This law is an unconstitutional violation for several reasons: first, it violates the right to freedom of expression which is guaranteed in Cambodia’s Constitution. Secondly, it is incompatible with Cambodia’s human rights obligations under the …