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Full-Text Articles in Law
Equal By Law, Unequal By Caste: The "Untouchable" Condition In Critical Race Perspective, Smita Narula
Elisabeth Haub School of Law Faculty Publications
Caste-based oppression in India lives today in an environment seemingly hostile to its presence: a nation-state that has long been labeled the “world's largest democracy;” a progressive and protective constitution; a system of laws designed to proscribe and punish acts of discrimination on the basis of caste; broad-based programs of affirmative action that include constitutionally mandated reservations or quotas for Dalits, or so-called “untouchables;” a plethora of caste-conscious measures designed to ensure the economic “upliftment” of Dalits; and an aggressive economic liberalization campaign to fuel India's economic growth.
This Article seeks to answer the question of how and ...
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
Articles by Maurer Faculty
Anyone reading Yuval Shany's response to my article, "The Blessing of Departure -- Exchange of Populated Territories: The Lieberman Plan as an Abstract Exercise in Demographic Transformation," would hardly characterize it as "agreement." In part this is because Shany builds his case by assuming I am saying something about self-determination that misses -- at least misplaces -- my real point. This is unfortunate, both as it masks the fact that Shany and I actually agree transfers can be legal, and it distracts attention from the points of real, substantive disagreement. The misreading is not an accident, rather the product of a patterned ...