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Washington and Lee University School of Law

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Articles 91 - 120 of 154

Full-Text Articles in Law and Society

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman Sep 2002

Irreparability Resurrected?: Does A Recalibrated Irreparable Injury Rule Threaten The Warren Court's Establishment Clause Legacy?, Doug Rendleman

Washington and Lee Law Review

No abstract provided.


Foreword, Azizah Y. Al-Hibri Apr 2002

Foreword, Azizah Y. Al-Hibri

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


One Law For All? The Logic Of Cultural Accommodationt, Jeremy Waldron Jan 2002

One Law For All? The Logic Of Cultural Accommodationt, Jeremy Waldron

Washington and Lee Law Review

No abstract provided.


Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl Jan 2002

Restorative Justice And Collective Responsibility: Lessons For And From The Rwandan Genocide, Mark A. Drumbl

Scholarly Articles

Genocide struck Rwanda in 1994. Since then, national and international trials have endeavored to promote reconciliation, deterrence, peace, justice, and human rights. This article posits a disconnect between these trials and the attainment of their avowed goals. This disconnect emerges in part from the influential agendas of international lawyers who equate selective criminal prosecution with the "rule of law" and espouse criminal prosecution as the preferred and uniform response to mass atrocity. Creating a presumption in favor of criminal prosecution has dampened the need to explore whether such trials actually are suitable for the particular afflicted society. A socio-legal analysis …


Neglected Stories And Civic Space, Peggy Cooper Davis Apr 2001

Neglected Stories And Civic Space, Peggy Cooper Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


The Shattered Mirror: Identity, Authority, And Law, Lawrence M. Friedman Jan 2001

The Shattered Mirror: Identity, Authority, And Law, Lawrence M. Friedman

Washington and Lee Law Review

No abstract provided.


Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill Mar 2000

Racial Diversity On The Bench: Beyond Role Models And Public Confidence, Sherrilyn A. Ifill

Washington and Lee Law Review

No abstract provided.


Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch Sep 1999

Unwritten Constitutions, Unwritten Law, Walter O. Weyrauch

Washington and Lee Law Review

No abstract provided.


Law And The Ideal Citizen, Lee C. Bollinger Jun 1999

Law And The Ideal Citizen, Lee C. Bollinger

Washington and Lee Law Review

No abstract provided.


Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl Jan 1999

Sobriety In A Post‐Genocidal Society: Good Neighborliness Among Victims And Aggressors In Rwanda?, Mark A. Drumbl

Scholarly Articles

Now as Rwanda begins to mourn the firth anniversary of its genocide, it should also celebrate the fifth anniversary of its survival. As time passes, Rwanda enters a stage of social and historical development which can be referred to as the "post-genocidal" stage. Some would say that Rwanda is actually in an intra-genocidal phase, given the persistence of Hutu rebel insurrection throughout the country, specifically in the Ruhengeri prefecture of the north-west. Although the merits of this classification can be debated, fatalistically characterizing Rwanda to be intra-genocidal assumes an ability to look in the future, a task no scholar is …


Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman Jan 1998

Hard Bargains: The Politics Of Heterosexuality, Linda Hirshman

Washington and Lee Law Review

No abstract provided.


Juno Moneta: On The Erotics Of The Marketplace, Jeanne Lorraine Schroeder Jun 1997

Juno Moneta: On The Erotics Of The Marketplace, Jeanne Lorraine Schroeder

Washington and Lee Law Review

No abstract provided.


Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos Apr 1997

Que, Ya No Hablan Ingles En Este Pais?: A Look At The Constitutionality Of English Only Provisions Under The Free Speech Clause Of The First Amendment, John J. Louizos

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig Jan 1997

Affirmative Action In Question: A Coherent Theory For Section 15(2), Mark A. Drumbl, John D.R. Craig

Scholarly Articles

Affirmative action programs are constitutionally protected in Canada under section 15(2) of the Charter. This section has received little judicial interpretation and, consequently, no coherent approach to the interpretation of section 15(2) has been developed. Furthermore, there is an urgent need to define the meaning of section 15(2), as affirmative action programs can be used to perpetuate stereotypes and discrimination while being given a blanket endorsement through section 15(2). The authors suggest that section 15(2) does not merely promote substantive equality, as this is the function of section 15(1), but embodies the social justice conception of equality, which allocates social …


Was There Sex Before Calvin Klein?, Linda R. Hirshman Jun 1996

Was There Sex Before Calvin Klein?, Linda R. Hirshman

Washington and Lee Law Review

No abstract provided.


Foreword: Never Again, Franklin D. Cleckley Apr 1996

Foreword: Never Again, Franklin D. Cleckley

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry Apr 1996

Reaffirming Affirmative Action We've Come A Long Way, But Not Far Enough, Cynthia R. Mabry

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl Jan 1994

Canada's New Immigration Act: An Affront To The Charter And Canada's Collective Conscience?, Mark Anthony Drumbl

Scholarly Articles

This essay explores the constitutionality of sections 46.01(1) and 19(1)(c.1)(i) of the federal Immigration Act. These sections empower immigration officials to exclude from the refugee determination process any claimant who has arrived in Canada via a "safe" third country or who has been determined to have committed a criminal offence in the home country, unless the claimant falls into several narrow exceptions provided by the statute. The author submits that these provisions violate the procedural requirements of fundamental justice guaranteed by section 7 of the Canadian Charter of Rights and Freedoms. A further investigation is made as to whether these …


Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl Jan 1994

Exploring The Constitutional Limits To Workfare And Learnfare, Mark Anthony Drumbl

Scholarly Articles

In recent times, there has been growing interest in the concepts of mandatory work and training programs for social assistance recipients. In this article, the author examines the social policy arguments for and against such programs. He also analyzes them from the perspective of the Charter of Rights. He concludes that mandatory work and training programs may be subject to legal challenge under the Charter of Rights unless participation is voluntary or the programs are carefully designed.


Abortion And Consensus: The Futility Of Speech, The Power Of Disobedience, Charles R. Disalvo Jan 1991

Abortion And Consensus: The Futility Of Speech, The Power Of Disobedience, Charles R. Disalvo

Washington and Lee Law Review

No abstract provided.


Operation Rescue And The Necessity Defense: Beginning A Feminist Deconstruction, Susan B. Apel Jan 1991

Operation Rescue And The Necessity Defense: Beginning A Feminist Deconstruction, Susan B. Apel

Washington and Lee Law Review

No abstract provided.


Civil Disobedience And Operation Rescue: A Historical And Theoretical Analysis, John W. Whitehead Jan 1991

Civil Disobedience And Operation Rescue: A Historical And Theoretical Analysis, John W. Whitehead

Washington and Lee Law Review

No abstract provided.


Civil Disobedience And The Iawyer's Obligation To The Law, Judith A. Mcmorrow Jan 1991

Civil Disobedience And The Iawyer's Obligation To The Law, Judith A. Mcmorrow

Washington and Lee Law Review

No abstract provided.


Towards A Recognition Of The Necessity Defense For Political Protesters, Matthew Lippman Jan 1991

Towards A Recognition Of The Necessity Defense For Political Protesters, Matthew Lippman

Washington and Lee Law Review

No abstract provided.


Balancing First Amendment Rights Of Abortion Protestors With The Rights Of Their 'Victims' Jan 1991

Balancing First Amendment Rights Of Abortion Protestors With The Rights Of Their 'Victims'

Washington and Lee Law Review

No abstract provided.


Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman Jan 1991

Disobedience And Coercive Contempt Confinement: The Terminally Stubborn Contemnor, Doug Rendleman

Washington and Lee Law Review

No abstract provided.


No Place To Go, No Story To Tell: The Missing Narratives Of The Sanctuary Movement, Teresa Godwin Phelps Jan 1991

No Place To Go, No Story To Tell: The Missing Narratives Of The Sanctuary Movement, Teresa Godwin Phelps

Washington and Lee Law Review

No abstract provided.


Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr. May 1990

Habeas Corpus Committee - Correspondence, Lewis F. Powell Jr.

Habeas Corpus Committee

No abstract provided.


Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr. Jan 1989

Habeas Corpus Committee - Correspondence, Lewis F. Powell, Jr.

Habeas Corpus Committee

No abstract provided.


Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack Sep 1986

Normative And Interpretive Conceptions Of Human Conduct: Decision-Making, Criminal Justice, And Parole , David R. Novack

Washington and Lee Law Review

No abstract provided.