Contributions to Books

Follow

• 

  Rhetoric of Risk and the Redistribution of Social Insurance

  Martha T. McCluskey

  Published as Chapter 7 in Embracing Risk: The Changing Culture of Insurance and Responsibility, Tom Baker & Jonathan Simon, eds.

• 

  Christianity and the Roots of Liberalism

  Elizabeth B. Mensch

  Published in Christian Perspectives on Legal Thought, Michael W. McConnell, Robert F. Cochran, Jr. & Angela C. Carmella, eds.

• 

  Breaking the Barriers: Radical Constitutionalism in a New African Century

  Makau wa Mutua

  Published as Chapter 17 in Constitutionalism in Africa: Creating Opportunities, Facing Challenges, J. Oloka-Onyango, ed.

• 

  Human Rights International NGOs: A Critical Evaluation

  Makau wa Mutua

  Published as Chapter 7 in NGOs and Human Rights: Promise and Performance, Claude E. Welch, Jr., ed.

  The Human rights movement can be seen in a variety of guises. It can be seen as a movement for international justice or as a cultural project for “civilizing savage” cultures. In this chapter, I discuss a part of that movement as a crusade for a political project. International nongovernmental human rights organizations (INGOs), the small and elite collection of human rights groups based in the most powerful cultural and political capitals of the West, have arguably been the most influential component of the human rights movement. They have led the human rights movement, as they have sought to enforce the application of human rights norms internationally, particularly toward repressive states in the South in areas formerly colonized by the West. This chapter calls INGOs conventional doctrinalists because they are marked by a heavy and almost exclusive reliance on positive law in treaties and other sources of international law. Only after conceding that INGOs indeed have a specific political agenda can discussions be had about the wisdom, problems, and implications for the advocacy of such values. And only then can conversations about the post liberal society start in earnest.

• 

  Legal Realism

  John Henry Schlegel

  Published in International Encyclopedia of the Social and Behavioral Sciences, Neil J. Smelzer & Paul B. Baltes, eds., Elsevier, 2001.

• 

  Federal Grants-In-Aid

  Lee A. Albert

  Published in Encyclopedia of the American Constitution, second edition, Leonard W. Levy & Kenneth L. Karst, eds.

• 

  Overview of the Law of Sexual Harassment and Related Claims

  Dianne Avery

  Published as Chapter 1 in Litigating the Sexual Harassment Case, second edition, Matthew B. Schiff, & Linda C. Kramer, eds.

• 

  Online Trading: Issuers, Broker-Dealers and SROs

  Brandon Becker, Soo J. Yim, Cherie L. Macauley, and David A. Westbrook

  Published in Securities in the Electronic Age: A Practical Guide to the Law and Regulation, 2d ed., John F. Olson, Harvey L. Pitt & Glasser LegalWorks, eds.

• 

  Parricide

  Charles Patrick Ewing

  Published as Chapter 10 in Clinical Assessment of Dangerousness: Empirical Contributions, Georges-Franck Pinard & Linda Pagani, eds.

  As a boy, L. assaulted a hitchhiker and then urinated on him. As an adult, the 200-pound, alcohol and drug abuser routinely carried a pistol, stabbed and shot at his father, and terrorized his neighbors. For years, L. beat his wife. When she finally left him, he convinced a court to give him custody of their four children.

  For the next four years, L. kept the children in an isolated trailer with no electricity, no phone, and no running water, allowing them out only to go to school. Inside the mobile home, L. beat the children with rubber hoses and two-by-fours, and punched, slapped, and kicked them. While drunk he would line the children up against the wall and ring their heads with gunfire.

  L.'s reign of terror ended when his two older children, sons 15 and 12, shot him in the head with a deer rifle while he slept. Criminal charges against both boys were ultimately dismissed.

  Sixteen-year-old J. had never been in trouble. An above-average student and member of the high school swim team, he was a Boy Scout and active member of his church. At the same time, however, J. was suffering from major depression, a learning disability, and chronic feelings of inferiority. After receiving disappointing scores on college admission tests and an “F” on a Spanish quiz, J. snapped.

  Initially intent upon killing himself, J. instead turned his rage outward and used the family's. 22-caliber rifle to shoot and kill both his parents.

• 

  Origin and Enactment of the Civil Rights Act of 1964

  David B. Filvaroff and Raymond E. Wolfinger

  Published as Chapter 1 in Legacies of the 1964 Civil Rights Act, Bernard Grofman, ed.

• 

  An Overview of U.S. Abortion Law: The Road From Repeal to Reform and Restriction

  Lucinda M. Finley

  Published in Conference Proceedings, Abortion in Focus: An International Conference.

• 

  Cosmology and Law (Tibet)

  Rebecca Redwood French

  Published as Chapter 11 in The Life of Buddhism, Frank E. Reynolds & Jason A. Carbine, eds.

• 

  Abortion and the Constitution (Update 2a)

  Elizabeth B. Mensch

  Published in Encyclopedia of the American Constitution, second edition, Leonard W Levy & Kenneth L Karst, eds.

• 

  Politics and Human Rights: An Essential Symbiosis

  Makau wa Mutua

  Published in The Role of Law in International Politics: Essays in International Relations and International Law, Michael Byers, ed.

• 

  The Construction of the African Human Rights System: Prospects and Pitfalls

  Makau wa Mutua

  Published as Chapter 7 in Realizing Human Rights: Moving From Inspiration to Impact, Samantha Power & Graham Allison, eds.

  The regional African human rights system is based on the African Charter on Human and Peoples’ Rights (The African or Banjul Charter), which entered into force on October 21, 1986, upon ratification by a simple majority of member states of the organization of African Unity (OAU). In 1998, the OAU adopted a protocol for the establishment of an African Court on Human and Peoples’ rights. The Protocol suggests that the African Human Rights Court will make the promotion and the protection of human rights within the regional system more effective. But the mere addition of a court, although a significant development, is unlikely by itself to address sufficiently the normative and structural weaknesses that have plagued the African human rights system since its inception. This chapter critically evaluates the African human rights system and assesses its potential impact on human rights conditions on the continent. It examines the normative aspects and institutional arrangements created under the African Charter and the Protocol for the African Human Rights Court. It asks whether a clear and mutually reinforcing division of labor between the African Commission and the African Human Rights Court could be developed to promote and protect human rights on the continent more effectively.

• 

  The Law-as-Literature Trope

  Guyora Binder

  Published in Law and Literature, Michael Freeman & Andrew Lewis, eds.

• 

  Teenage Violence

  Charles Patrick Ewing

  Published in Violence in America: An Encyclopedia, Ronald Gottesman, ed.

• 

  Violence, Custody and Visitation

  Charles Patrick Ewing

  Published in Violence in our Lives: Impact on Workplace, Home and Community, Elizabeth K. Carll, ed.

• 

  Federalism and the Problem of Political Subcommunities

  James A. Gardner

  Published as Chapter 9 in To Promote the General Welfare: A Communitarian Legal Reader, David E. Carney, ed.

• 

  Property

  Elizabeth B. Mensch and Alan David Freeman

  Published in The Blackwell Encyclopedia of the American Revolution, Jack P. Greene & J.R. Pole, eds.

• 

  A Common Standard--50 Years of Defending Human Rights For All

  Makau wa Mutua

  Published in The 1999 World Book Year Book

• 

  A Discussion on the Legitimacy of Human Rights NGOs in Africa

  Makau wa Mutua

  Published in The Legal Profession and the Protection of Human Rights in Africa, Evelyn A. Ankumah & Edward K. Kwakwa, eds.

• 

  Returning to My Roots: African "Religions" and the State

  Makau wa Mutua

  Published as Chapter 7 in Proselytization and Communal Self-Determination in Africa, Abdullahi Ahmed An-Na'im, ed.

  Four decades after physical decolonization, the African state is today mired in crises of identity. Multidimensional and complexly dynamic, these crises primarily feed from the traditional troughs of culture and religion, ethnicity and race, history and mythology, and politics and economics. The realm of religion, together with its essential linkage to philosophy and culture, has been one of the pivotal variables in the construction of the identity of the modern African state. Religion has been one of the critical seams of social and political rupture in several African states. Due to the centrality of religion in the construction of social reality, this critical examination of the treatment of African religions within the African state will necessarily probe the intersection of Islam, African religion, and Christianity - the three dominant religious traditions in Africa. This chapter primarily argues that the modern African state, right from its inception, has relentlessly engaged in a campaign of the marginalization, at best, or eradication, at worst, of African religion. Further, it argues that the destruction and delegitimation of African religion have been actively effected at the urging, or with the collusion and for the benefit of, either or both Islam and Christianity, the two dominant messianic traditions.

• 

  The Ideology of Human Rights: Toward Post-Liberal Democracy?

  Makau wa Mutua

  Published as Chapter 5 in Legitimate Governance in Africa: International and Domestic Legal Perspectives, Edward Kofi Quashigah & Obiora Chinedu Okafor, eds.

• 

  Acte de Contrôle et Réforme de l’Immigration de 1986: Contexte et Analyse

  Judy Scales-Trent

  Published in l’Immigration: La Face Changeante de l'Amérique, American Cultural Center (Dakar), ed.