8 research outputs found

    Too Important To Leave To The Lawyers: Undergraduate Legal Studies And Its Challenge To Professional Legal Education

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    The American law school, the standard law school curriculum, and the traditional case and Socratic teaching methods have all taken a substantial beating of late, as evidenced in the pages of Journal of Legal Education and other professional reviews

    Can Law Halt The Violence? Palestinian Suicide Bombings And Israeli Targeted Assasinations Under International Humanitarian Law

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    My objective in this paper is not to use international law as another weapon in the conflict, as further fuel to fan the flames, as it\u27s so often used in this conflict, but instead to use it as a message to both Palestinians and Israelis: Stop

    Walking While Muslim

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    In the post-9/11 era, what exactly is meant by race? This essay claims that both domestic civil rights law and international human rights law simultaneously create and obscure racial identity increasingly constructed through Muslim religious identity. The argument unfolds in several parts. First, by analogy to the racial formation process that occurred with the Japanese American community after World War II, we argue that a group\u27s religious identity can contribute to the perception of a group as a racially different and inferior other. Second, among other elements, religious identity is under-analyzed as a key element of racial formation. Third, post-9/11 racial profiling--which is expanded in this essay to a more accurate term terror-profiling --includes many different racial groups sharing a common religious identity of being Muslim or appearing to be Muslim. Fourth, remedies for wrongful profiling based on religious affiliation (as opposed to freedom to worship) under domestic civil rights law or international human rights law are undeveloped or underdeveloped. In the U.S. context, the equal protection clause of the fourteenth amendment has not been read vigorously to include protection against state action of groups based on religious identity. Similarly, international human rights instruments curiously omit protections based on group religious affiliation. These combined omissions serve powerfully if silently to reinforce racial inferiority of Muslims both within and outside the United States. The essay concludes with various suggestions for law reform to address these gaps
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