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A Running Start: Getting “Law Ready” During A Presidential Transition, James E. Baker

Georgetown Law Faculty Publications and Other Works

We are headed for our first wartime Presidential transition in forty years. The good news is that this has prompted uncommon attention to the process of transition. The bad news is that transitions are difficult in the best of circumstances; forewarned does not always equal prepared. The United States handles transitions well on a strategic level. Strategic continuity is found in the Constitution. Transition is also part of the rhythm of government. The intelligence community, for example, has a sound tradition of briefing candidates and Presidents-elect. However, there is tactical vulnerability. An outgoing administration may hesitate to initiate all but …

Forging Fiscal Reform: Constitutional Change, Public Policy, And The Creation Of Administrative Capacity In Wisconsin, 1880-1920, Ajay K. Mehrotra

Articles by Maurer Faculty

In 1911, Wisconsin became one of the first U.S. states to adopt an effectively administered income tax. Wisconsin reformers were able to overcome several institutional barriers to create the administrative capacity necessary to assess and collect a graduated income tax that in time raised significant revenue, but did not supplant the property tax. With this limited success, the Wisconsin income tax soon became a model for other states and even the national government. In this sense, Wisconsin was a leader in forging fiscal reform. Political activists, lawmakers, and other government actors in the Badger State led a turn-of-the-century property tax …

Lock & Load? The 2nd Amendment Arrives On Campus, Porcher L. Taylor Iii, Beth Anne Simonds

School of Professional and Continuing Studies Faculty Publications

Thanks to the U.S. Supreme Court’s watershed decision regarding the Second Amendment in June, state lawmakers, university policymakers and campus safety personnel nationwide face a conundrum that must be answered in a prudent way. The solution will greatly impact the daily lives of everyone on campus.

Memory And Violence In Israel/Palestine, K. M. Fierke

Human Rights & Human Welfare

A review of:

Israeli and Palestinian Narratives of Conflict: History’s Double Helix, edited by Robert I. Rotberg. Indiana University Press, 2006.

and

Memory and Violence in the Middle East and North Africa, edited by Ussama Makdisi and Paul A. Silverstein. Indiana University Press, 2006.

The Children Of War, Jennifer Plante

Human Rights & Human Welfare

There are more than 300,000 child soldiers in the world today. Complex economic and psychological factors have contributed to this large number; while some of these child soldiers qualify as slaves, many do not. Although there are several United Nations (U.N.) conventions that protect the rights of the child, many states have had difficulty implementing such protections. This has led to the perpetuation of the child slavery problem. Unfortunately for the children involved, their troubles do not end with the fighting. After the conflict, former soldiers must undergo the oftentimes-painful process of rehabilitation and integration back into society.

Forced Child Labor And Cocoa Production In West Africa, Marjie Sackett

Human Rights & Human Welfare

The cocoa industry has profited from the utilization of forced labor in West Africa since the late 1800s. Despite the Portuguese decree in 1876 abolishing slavery, and the release of cocoa plantation slaves, slave labor was quickly reemployed, aided by the exploitation of legal loopholes and government officials willing to turn a blind eye. In 1905, after hearing reports of unfavorable labor conditions, William Cadbury dispatched a member of the Anti-Slavery Society to investigate the cocoa plantations. Upon receiving confirmation of human rights violations, Cadbury boycotted Portuguese cocoa and persuaded two other chocolate firms to do the same. Cadbury’s actions …

Tugba Basaran On The Rights Of Refugees Under International Law By James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp., Tugba Basaran

Human Rights & Human Welfare

A review of:

The Rights of Refugees Under International Law by James C. Hathaway. Cambridge: Cambridge University Press, 2005. 1239pp.

Ayse Betul Celik On The Age Of Apology: Facing Up To The Past Edited By Mark Gibney, Rhoda E. Howard-Hassmann, Jean-Marc Coicaud, And Niklaus Steiner. Philadelphia: University Of Pennsylvania Press, 2008. 333 Pages., Ayse Betul Celik

Human Rights & Human Welfare

A review of:

The Age of Apology: Facing Up to the Past edited by Mark Gibney, Rhoda E. Howard-Hassmann, Jean-Marc Coicaud, and Niklaus Steiner. Philadelphia: University of Pennsylvania Press, 2008. 333 pages.

The Promise Of Economic Rights And The Welfare State, Zehra F. Kabasakal Arat

Human Rights & Human Welfare

A review of:

Labour Left Out: Canada’s Failure to Protect and Promote Collective Bargaining as a Human Right. By Roy Adams. Ottawa: Canadian Center for Policy Alternatives, 2006.

and

The Welfare State Nobody Knows: Debunking Myths about U.S. Social Policy. By Christopher Howard. Princeton: Princeton University Press, 2007.

and

Economic Rights in Canada and the United States. Edited by Rhoda E. Howard-Hassmann and Claude E. Welch Jr. Philadelphia: University of Pennsylvania Press, 2006.

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.

Germany, Afterwards, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

A review of:

Race after Hitler: Black Occupation Children in Postwar Germany and America. By Heide Fehrenbach. Princeton: Princeton University Press, 2005.

and

The Holocaust and Catholic Conscience: Cardinal Aloisius Muench and the Guilt Question in Germany. By Suzanne Brown-Fleming. Notre Dame, Indiana: University of Notre Dame Press, 2006.

and

A Woman in Berlin. By Anonymous. New York: Henry Holt, 2000.

and

Johanna Krause, Twice Persecuted: Surviving in Nazi Germany and Communist East Germany. By Carolyn Gammon and Christiane Hemker. Waterloo, Canada: Wilfrid Laurier University Press, 2007.

Privatization, Efficiency, Gender, Development, And Inequality— Transnational Conflicts Over Access To Water And Sanitation, Srini Sitaraman

Human Rights & Human Welfare

A review of:

Earth Democracy: Justice, Sustainability, and Peace by Vandana Shiva. Boston, MA: South End Press, 2005.

and

Gender, Water, and Development edited by Anne Coles and Tina Wallace. New York: Berg, 2005.

and

Dams and Development: Transnational Struggles for Water and Power by Sanjeev Khagram. Ithaca, NY: Cornell University Press, 2004.

Bonded Labor In India, Devin Finn

Human Rights & Human Welfare

Bonded labor, which is characterized by a long-term relationship between employer and employee, is usually solidified through a loan, and is embedded intricately in India’s socio-economic culture—a culture that is a product of class relations, a colonial history, and persistent poverty among many citizens. Also known as debt bondage, bonded labor is a specific form of forced labor in which compulsion into servitude is derived from debt. Categorized and examined in the scholarly literature as a type of forced labor, bonded labor entails constraints on the conditions and duration of work by an individual. Not all bonded labor is forced, …

The Economic Foundations Of Contemporary Slavery, Justin Guay

Human Rights & Human Welfare

“Slavery existed before money or law” (Hochschild 2005). Indeed the “peculiar institution” is one of humanity’s oldest. It has, however, evolved and manifested itself quite distinctly in different periods of history. In contrast to historical views of slavery that are associated with Chattel Slavery, numerous forms fall under the umbrella term of contemporary slavery. The United Nations (U.N.) Working Group recognizes such radically new forms as: child labor, children in conflict, trafficking in persons, sexual exploitation, and the sale of children. The International Labor Office (ILO) approaches the topic through the lens of forced labor. The ILO recognizes slavery and …

Forced Labor In The United States: A Contemporary Problem In Need Of A Contemporary Solution, Chrissey Buckley

Human Rights & Human Welfare

Legal slavery ended in the United States in 1865, yet the practice of forcing individuals to work against their will, oftentimes in inhumane conditions, continues today. Currently there are around 50,000 people working in forced labor situations in the United States (Bales 47). Although this number is smaller than it was during the 18th century, finding and freeing these individuals is difficult because they are hidden away and exploited. The United States is now at a critical juncture in its struggle to end forced labor. In 2000, the U.S. Government enacted legislation that holds perpetrators of forced labor accountable, and …

Legislating To Address Climate Change: Some Lessons From The Field, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

Risk Equity: A New Proposal, Matthew D. Adler

Faculty Scholarship

No abstract provided.

The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann

Faculty Scholarship

The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, namely the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet, already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALI Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …

Beyond Cost-Benefit Analysis: A Pragmatic Reorientation, Sidney A. Shapiro, Christopher H. Schroeder

Faculty Scholarship

The weaknesses of cost-benefit analysis (CBA) are apparent for all to see. The theoretical underpinnings of positivism and rational choice methodologies have been dealt a significant blow in the post-positivist literature in science, political science and policy studies. Likewise, the performance of CBA itself has been the subject of a significant and persuasive challenge in the legal literature. This article critiques specifically the current federal form of regulatory impact analysis (RIA), centered institutionally in OIRA and centered methodologically in CBA. One of reasons for the continuing dominance of a CBA-centered RIA is the success of its proponents in maintaining that …

Debat Ketiga: Memikirkan Kembali Keilmuan Hubungan Internasional, Aryani Kristianti, Musa Maliki

Global: Jurnal Politik Internasional

This article will argue that Third Debate is the 'revolution turn' in the study of international relations. There are some explanations to conduct this argument: the description of the history of international relations thought and epistemological problem. This illustration will lead us to understand that there is a deeply dynamic debate in philosophy circumstances. We can not close the eyes to this debate otherwise we will be stucked and trapped in the dogmatism, stagnatism and ideology. Epistemological problem of philosophy is one of the foundations of the entire big problem that should be discussed. From epistemological scrutiny, this article believes …

The World Trade Center Disaster: How Terrorist Airline Attacks Can Affect The Legal, Economic, And Financial Conditions Of Airlines Under The Montreal Liability Agreement, Larry Moore, Rose M. Rubin, Justin N. Joy

Brigham Young University International Law & Management Review

No abstract provided.

Torch (December 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

The Original Understanding Of The New Hampshire Constitution’S Education Clause, Edward C. Mosca

The University of New Hampshire Law Review

[Excerpt] “In 1993, the New Hampshire Supreme Court held that “part II, article 83 [of the state constitution] imposes a duty on the State to provide a constitutionally adequate education to every educable child in the public schools in New Hampshire and to guarantee adequate funding,” and that this duty is enforceable by the judiciary. This decision, known as Claremont I, was the wellspring of a line of decisions that has radically changed both the manner in which public education is funded in New Hampshire and the respective roles of the judicial branch and the representative branches in formulating education …

A Study Of The Relationship Between American Evangelicals And Human Rights, Amy Rachel Timmons Stumpf

Loma Linda University Electronic Theses, Dissertations & Projects

Human rights violations and abuses affect every region of the globe. The most recent Amnesty International Annual Report details violations in 149 countries. While there are no simple solutions to a problem of this magnitude and complexity, the support of powerful social groups can help in providing relief to the victims, pressure on abusive governments, legal consequences for abusers, and other resources in combating the violence that seems to chronically plague over our world. One of the most powerful groups, with tremendous social capital, is American evangelicals. Evangelicalism, even given the loose and informal organizational structures, is one of the …

Norming "Moderation" In An "Iconic Target": Public Policy And The Regulation Of Religious Anxieties In Singapore, Eugene K. B. Tan

Research Collection Yong Pung How School Of Law

The maintenance of a “moderate mainstream” Muslim community as a bulwark against the fraying of harmonious ethnic relations has become a key governance concern post-September 11. In light of the global concern—and often paranoia—with diasporic Islam, Islamic religious institutions and civil society have been portrayed in the popular media as hotbeds of radicalism, promoters of hatred, and recruiters for a “conflict of civilization” between the Muslim world and the modern world. Having declared itself a terrorist's “iconic target,” Singapore has taken a broad-based community approach in advancing inter-religious tolerance, including a subtle initiative to include the “Muslim civil society” in …

Torch (November 2007), Amy Homans, Civil Rights Team Project

Torch: The Civil Rights Team Project Newsletter

No abstract provided.

The Origins Of Shared Intuitions Of Justice, Owen D. Jones, Paul H. Robinson, Robert Kurzban

Vanderbilt Law School Faculty Publications

Contrary to the common wisdom among criminal law scholars, empirical evidence reveals that people's intuitions of justice are often specific, nuanced, and widely shared. Indeed, with regard to the core harms and evils to which criminal law addresses itself-physical aggression, takings without consent, and deception in transactions-the shared intuitions are stunningly consistent across cultures as well as demographics. It is puzzling that judgments of moral blameworthiness, which seem so complex and subjective, reflect such a remarkable consensus. What could explain this striking result?

The authors theorize that one explanation may be an evolved predisposition toward these shared intuitions of justice, …

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Disaster Capitalism: The New Economy of Catastrophe” by Naomi Klein. Harper’s. October 2007.

If It Were Only That Simple, Katherine Gockel

Human Rights & Human Welfare

Reading “Disaster Capitalism,” one would think that the current dire situation in Iraq and the lingering effects of Hurricane Katrina are all because of an emphasis on “small” government, privatization, and partnerships with the business sector. If only it were that simple.

A Democratic Disaster, Michael Goodhart

Human Rights & Human Welfare

Naomi Klein’s “Disaster Capitalism” paints a grim and compelling portrait of an emerging American dystopia: Large corporations making huge profits on non-bid contracts to handle the government’s response to natural and political disasters (like Katrina and Iraq). She envisions “a collective future of disaster apartheid, in which survival is determined primarily by one’s ability to pay.” The catalogue of outrages Klein supplies is enough to make even the local chamber of commerce president blush. Yet as I read her piece, I found myself angry not so much with the corporations as with my fellow citizens. How can we allow this …