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Full-Text Articles in Law
Legal Limits On Religious Conversion In India, Laura Dudley Jenkins
Legal Limits On Religious Conversion In India, Laura Dudley Jenkins
Law and Contemporary Problems
In contemporary India, government assessments of the legitimacy of conversions tend to rely on two assumptions: first, that people who convert in groups may not have freely chosen conversion, and second, that certain groups are particularly vulnerable to being lured into changing their religion. These assumptions, which pervade the anticonversion laws as well as related court decisions and government committee reports, reinforce social constructions of women and lower castes as inherently naive and susceptible to manipulation. Here, Jenkins contends to carefully scrutinized the assumptions since like "protective" laws in many other contexts, such laws restrict freedom in highly personal, individual …
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Interning The “Non-Alien” Other: The Illusory Protections Of Citizenship, Natsu Taylor Saito
Law and Contemporary Problems
Saito draws parallels between the internment of Japanese Americans during WWII and the current actions being taken by the US government as it seeks out terrorists in the post-9/11 world. The action of unequal prosecution of citizens based on race has roots that extend far back in American history, and the unfair internment of citizens in the 20th century should not be considered an aberration of public policy.
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
Law and Contemporary Problems
In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
The Bill Of Rights And The Emerging Democracies, Jacek Kurczewski, Barry Sullivan
Law and Contemporary Problems
Today, the influence of the US Bill of Rights can be traced through its remote offspring, including the Helsinki Agreement, the German Basic Law, the post-war French constitutions, and the European Convention on Human Rights. These documents have influenced recent developments in the emerging democracies of eastern and central Europe.
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Postcommunist Charters Of Rights In Europe And The U.S. Bill Of Rights, Wojciech Sadurski
Law and Contemporary Problems
The Bill of Rights of the US Constitution served as both a model and anti-model for the constitutionalization of citizens' rights in the new democracies emerging after the fall of communism in Central and Eastern Europe. The most striking contrast between the US Bill of Rights and postcommunist constitutional charters of rights is the absence in the former, and the inclusion in the latter, of catalogues of so-called "positive," socioeconomic rights.
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
“Certain Fundamental Truths”: A Dialectic On Negative And Positive Liberty In Hate-Speech Cases, W. Bradley Wendel
Law and Contemporary Problems
Matthew Hale is a white supremacist who likes to attract media attention. He set himself up as the leader of a racist "church" called the World Church of the Creator and immediately went about attempting to put an articulate, polite face on the organization. Hale's application to become a licensed attorney in Illinois, his subsequent denial and the litigation that followed are discussed.
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
The Constitutionality Of Mandatory Public School Community Service Programs, Rodney A. Smolla
Law and Contemporary Problems
Constitutional challenges to community service programs may be divided into two generic types--those raised by students or parents who object to the requirement of community service, and those raised by students, parents, organizations, or agencies who object to the selection criteria used to include or exclude organizations or agencies eligible to participate in community service programs.
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Federal Defender Services: Serving The System Or The Client, John J. Cleary
Law and Contemporary Problems
Cleary discusses how defense services should be provided. He reviews the evolution of the right to effective assistance of counsel and the advent of compensated defense services and suggests reforms.
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
2001: A Train Ride: A Guided Tour Of The Sixth Amendment Right To Counsel, Gerald F. Uelmen
Law and Contemporary Problems
Uelmen offers a guided railway tour of the Sixth Amendment right to counsel, making stops along the way to revisit various legal landmarks such as "Nabb v. United States" and "Powell v. Alabama."
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
Civil Liability For Primary Securities Distributions In The United States And The United Kingdom, Robert E. Kohn
Law and Contemporary Problems
Company law in the UK and securities regulation in the US have developed over the past six decades in response to rapidly changing economic, political and social circumstances. The main features of the regulation of primary securities distributions are identified in the two countries, and their treatment of civil liability is compared.
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck
Law and Contemporary Problems
The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.
The Constitution Of Japan: Pacifism, Popular Sovereignty, And Fundamental Human Rights, John M. Maki
The Constitution Of Japan: Pacifism, Popular Sovereignty, And Fundamental Human Rights, John M. Maki
Law and Contemporary Problems
No abstract provided.
The Rights Of Persons Accused Of Crime Under The Canadian Constitution: A Comparative Perspective, A. Kenneth Pye
The Rights Of Persons Accused Of Crime Under The Canadian Constitution: A Comparative Perspective, A. Kenneth Pye
Law and Contemporary Problems
No abstract provided.
The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky
The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky
Law and Contemporary Problems
No abstract provided.
The United Nations And The Human Rights Issue, Allard Lowenstein
The United Nations And The Human Rights Issue, Allard Lowenstein
Law and Contemporary Problems
No abstract provided.
Penal Regimes And Dissenters In The Soviet Orbit, Kazimierz Grzybowski
Penal Regimes And Dissenters In The Soviet Orbit, Kazimierz Grzybowski
Law and Contemporary Problems
No abstract provided.
Soviet Human Rights: Law And Politics In Perspective, Eugene D. Fryer
Soviet Human Rights: Law And Politics In Perspective, Eugene D. Fryer
Law and Contemporary Problems
No abstract provided.
The Artist In The Amphitheatre, Elizabeth Turner
The Artist In The Amphitheatre, Elizabeth Turner
Law and Contemporary Problems
No abstract provided.
Human Rights Policy Under The Carter Administration, Mark L. Schneider
Human Rights Policy Under The Carter Administration, Mark L. Schneider
Law and Contemporary Problems
No abstract provided.