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Articles 10501 - 10530 of 14886

Full-Text Articles in Civil Rights and Discrimination

Bail, Global Justice, And The Limits Of Dissent, Jackie Esmonde Apr 2003

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 …

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Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr. Apr 2003

Racial Discrimination In Jury Selection: Professional Misconduct, Not Legitimate Advocacy, Lonnie T. Brown, Jr.

Scholarly Works

This Article examines the paradox between the adversary and disciplinary systems' outward condemnation of discrimination in jury selection and their apparent simultaneous inward acceptance of such conduct as legitimate advocacy.

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Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz Apr 2003

Unsavory Black Insinuations: A Reply To David Boyle, David Horowitz

West Virginia Law Review

No abstract provided.

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The Right To Civil Disobedience, Vinit Haksar Apr 2003

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 …

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The Secret History Of Race In The United States, Daniel J. Sharfstein Apr 2003

The Secret History Of Race In The United States, Daniel J. Sharfstein

Vanderbilt Law School Faculty Publications

"Spencer v. Looney" was one of dozens of cases decided in the eras of slavery and segregation that hinged on the question of whether a plaintiff or defendant was white or black. During the past decade, legal historians have begun to excavate these bygone disputes, which involved wills, marriage and divorce, transportation, immigration and naturalization, and libel and slander. With few exceptions, two goals have motivated recent scholarship: proving that race is a social construction and showing how courts in the nineteenth and early twentieth centuries helped build America's racial infrastructure. This Essay presents a more complex picture of race …

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The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi Apr 2003

The Scottsboro Trials: A Legal Lynching (Part Ii), Faust Rossi

Cornell Law Faculty Publications

No abstract provided.

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The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas Apr 2003

The Struggle For School Desegregation In Cincinnati Before 1954, Davison M. Douglas

Faculty Publications

No abstract provided.

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Race And The Georgia Courts: Implications Of The Georgia Public Trust And Confidence Survey For Batson V. Kentucky And Its Progeny, George W. Dougherty, Randy Beck, Mark D. Bradbury Apr 2003

Race And The Georgia Courts: Implications Of The Georgia Public Trust And Confidence Survey For Batson V. Kentucky And Its Progeny, George W. Dougherty, Randy Beck, Mark D. Bradbury

Scholarly Works

Put simply, there is a perception among many Georgians that the court system treats minorities worse than whites. This Essay considers implications of the Georgia findings for a line of United States Supreme Court decisions designed to prevent racial discrimination by trial lawyers in the selection of trial juries.

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Désobéissance Civile, Libertés Civiques, Et Résistance Civile: Rôle Et Limites Du Droit, Judy Fudge, Harry J. Glasbeek Apr 2003

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 …

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What's Law Got To Do With It?: Historical Considerations On Class Struggle, Boundaries Of Constraint, And Capitalist Authority, Bryan D. Palmer Apr 2003

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 …

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Civil Disobedience, Civil Liberties, And Civil Resistance: Law's Role And Limits, Judy Fudge, Harry J. Glasbeek Apr 2003

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 …

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The Origins Of Political Policing In Canada: Class, Law, And The Burden Of Empire, Andrew Parnaby, Gregory S. Kealey Apr 2003

The Origins Of Political Policing In Canada: Class, Law, And The Burden Of Empire, Andrew Parnaby, Gregory S. Kealey

Osgoode Hall Law Journal

This essay examines the origins of the Canadian secret service from the 1860s to the Great War. During this time, the Canadian government faced political challenges from Irish republicans and South Asian radicals. Both groups sought to liberate their home countries-Ireland and India-from British rule by promoting the idea of independence and the necessity of militant tactics amongst their respective immigrant communities in North America. Faced with this subversive activity, which had both domestic and international implications, the government created a secret service to gather political intelligence. Significantly, the government's political response was shaped decisively by its status as an …

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Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty Apr 2003

Reflections On Civil Liberties In An Age Of Counterterrorism, Conor Gearty

Osgoode Hall Law Journal

This article examines the historical origins of civil liberties and shows their importance to systems of government rooted in the principles of representative democracy. It argues that the subject of civil liberties needs to be distinguished from issues related to criminal justice and human rights, and that too broad a deployment of the language of civil liberties can lead to the importance of civil liberties being underappreciated by the wider public. The article considers how the integrity of the language of civil liberties and the representative system of democracy as a whole can be preserved in the face of the …

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Legal Responses To Mass Protest Actions: The Dramatic Role Of Solidarity In Obtaining Generous Plea Bargains, Frances Olsen Apr 2003

Legal Responses To Mass Protest Actions: The Dramatic Role Of Solidarity In Obtaining Generous Plea Bargains, Frances Olsen

Osgoode Hall Law Journal

Comments on police and other government officials attempts to control protest activities by limiting parade permits and instigating confrontations with demonstrators. Focuses on WTO meeting in Seattle, Washington in November, 1999; the World Bank meeting in Washington, D.C. in April, 2000; and the Democratic National Convention in Los Angeles, California in 2000.

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When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin Apr 2003

When The Law Breaks Down: Aboriginal Peoples In Canada And Governmental Defiance Of The Rule Of Law, Andrew J. Orkin

Osgoode Hall Law Journal

Comments on Aboriginal peoples, governmental defiance, and the breakdown of law and the balance between law's roles and limits.

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No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi Apr 2003

No Exit: Racial Profiling And Canada's War Against Terrorism, Reem Bahdi

Osgoode Hall Law Journal

After September 11, 2001, some scholars and policy-makers promoted the racial profiling of Arabs and Muslims as a means towards greater national security. While racial profiling has not been officially sanctioned in Canada, it attracts popular support and undeniably takes place. The first part of this article identifies three different categories of racial profiling in the context of Canada's War against Terrorism. The second part identifies the problems associated with racial profiling. It argues that racial profiling undermines national security while also heightening the vulnerability and exclusion of Arabs, Muslims, and other racialized groups in Canada.

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Social Resistance And The Disturbing Of The Peace, John Clarke Apr 2003

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.

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From Civil Disobedience To Obedient Consumerism: Influences Of Market-Based Activism And Eco-Certification On Forest Governance, Emily Walter Apr 2003

From Civil Disobedience To Obedient Consumerism: Influences Of Market-Based Activism And Eco-Certification On Forest Governance, Emily Walter

Osgoode Hall Law Journal

This article looks at the implicit politics of eco-certification as an activist strategy. Drawing on the example of the Forest Stewardship Council and forestry activism in British Columbia during the 1990s, this article considers underlying norms of the certification approach, the inherent limitations of its institutional setting, and the empowering and disempowering implications for participants in forest policy debates. These implicit politics may have a disciplining influence on public debate regarding the future of environmental regulation, and governance more generally, at a time when wider experimentation with alternative approaches is both necessary and otherwise timely. The analysis draws attention to …

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Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway Apr 2003

Civil Resistance And The Diversity Of Tactics In The Anti-Globalization Movement: Problems Of Violence, Silence, And Solidarity In Activist Politics, Janet Conway

Osgoode Hall Law Journal

This article examines the (re)emergence of large-scale civil disobedience and the accompanying debates about violence and non-violence in the contemporary anti-globalization movement. Rooted in the Canadian movement but in conversation with wider debates, the article tracks movement practices and debates from the Battle of Seattle through to the Quebec Summit. The debate took a new turn in Genoa, with massive police brutality and the killing of a protester, and again following the events of September 11, 2001. The central argument of the article is that the new forms of civil resistance embody a critique of prevailing forms of organization, participation, …

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Civil Disobedience And The Law: The Role Of Legal Professionals, James Macpherson Apr 2003

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.

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Civil Disobedience And Academic Freedom, Leslie Green Apr 2003

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.

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A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr. Mar 2003

A Representative Democracy: An Unfulfilled Ideal For Citizens Of The District Of Columbia, Aaron E. Price Sr.

University of the District of Columbia Law Review

No abstract provided.

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Speech: Nelson Mandela's Legacy For Religious Freedom And Future, Desmond Tutu Mar 2003

Speech: Nelson Mandela's Legacy For Religious Freedom And Future, Desmond Tutu

Archbishop Desmond Tutu Collection Textual

Archbishop Tutu's handwritten speech on Nelson Mandela's legacy and religious freedom.

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No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd Mar 2003

No African-American Lawyers Allowed: The Inefficient Racism Of The Aba's Accreditation Of Law Schools, George B. Shepherd

Journal of Legal Education

No abstract provided.

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Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson Mar 2003

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

All Faculty Scholarship

This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.

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Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart Mar 2003

Pda, Fmla, And Beyond: A Brief Look At Past, Present, And Future Sex Discrimination Laws And Their Effects On The Teaching Profession, Sean Stewart

Brigham Young University Education and Law Journal

No abstract provided.

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Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps Mar 2003

Getting Title Vii Back On Track: Leaving Allison Behind For The Robinson Line, W. Lyle Stamps

Brigham Young University Journal of Public Law

No abstract provided.

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May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg Mar 2003

May Congress Grant The States The Power To Violate The Equal Protection Clause? Aliessa V. Novello And Title Iv Of The Personal Responsibility And Work Opportunity Reconciliation Act Of 1996, Karin H. Berg

Brigham Young University Journal of Public Law

No abstract provided.

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Students Have Rights, Too: The Drafting Of Student Conduct Codes, Jason J. Bach Mar 2003

Students Have Rights, Too: The Drafting Of Student Conduct Codes, Jason J. Bach

Brigham Young University Education and Law Journal

No abstract provided.

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Back To Bakke: Affirmative Action Revisited In Educational Diversity, Dawn R. Swink Mar 2003

Back To Bakke: Affirmative Action Revisited In Educational Diversity, Dawn R. Swink

Brigham Young University Education and Law Journal

No abstract provided.

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