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Articles 1 - 6 of 6
Full-Text Articles in Law
Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher
Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher
Diane Orentlicher
No abstract provided.
How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum
How Puppet Masters Create Genocide: A Study In The State-Sponsored Killings In Rwanda And Cambodia, Joel H. Feigenbaum
University of Miami National Security & Armed Conflict Law Review
This paper calls on the United States to assess where its true interests lie in evaluating genocide and mass killings. Through an examination of the social and political factors which were paramount in bringing about the atrocities in Cambodia in the late 1970s and Rwanda in the mid-1990s, the U.S. is urged to take heed of the tried-and-true methods used by ruthless regimes throughout history in bringing about the destruction of their own citizenry. Consideration of the psychological imperatives necessary for ordinary men or women to depart from the standard boundaries of civilized society and butcher their neighbors and countrymen …
Who's The Fascist? Uses Of The Nazi Past At The Geert Wilders Trial, Robert Kahn
Who's The Fascist? Uses Of The Nazi Past At The Geert Wilders Trial, Robert Kahn
Robert Kahn
ABSTRACT: This essay looks at how, during his trial, Geert Wilders and his opponents used references to the Nazi era – including but not limited to the Holocaust – to frame debates over Muslim immigration, Wilders himself, and the acceptability of hate speech trials. The Wilders trial is especially interesting because each side sought to call the other a “fascist.” For Wilders, the Quran was a fascist book, an Islamic Mein Kampf. To his opponents, Wilders was a “prototypical” fascist, one who spoke to the gut not the mind. But perhaps the strongest use of the Nazi past involved victims. …
Thirteenth Amendment Optimism, Jamal Greene
Thirteenth Amendment Optimism, Jamal Greene
Faculty Scholarship
Thirteenth Amendment optimism is the view that the Thirteenth Amendment may be used to reach doctrinal outcomes neither specifically intended by the Amendment's drafters nor obvious to contemporary audiences. In prominent legal scholarship, Thirteenth Amendment optimism has supported constitutional rights to abortion and health care and constitutional powers to prohibit hate speech and domestic violence, among other things. This Essay examines the practical utility of Thirteenth Amendment optimism in the face of dim prospects for adaption by courts. The Essay argues that Thirteenth Amendment optimism is most valuable, both historically and today, as a means of motivating the political process …
Judging Stories, Noah Novogrodsky
Judging Stories, Noah Novogrodsky
Noah B Novogrodsky
Judging Stories Abstract This Article uses the confluence of incitement to genocide and hate speech in a single case to explore the power of stories in law. That power defines how we see the world, how we form communities of meaning and how we speak to one another. Previous commentators have recognized that law is infused with stories, from the narratives of litigants, to the rhetoric of lawyers, to the tales that judges interpret and create in the form of written opinions. This Article builds on those insights to address the problems posed by transnational speech and the question of …
Fulfilling The U.S. Obligation To Prevent Exterminationism: A Comprehensive Approach To Regulating Hate Speech And Dismantling Systems Of Genocide., Sarah E. Ryan
Sarah E Ryan
No abstract provided.