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Open Access (free)
Justin A. Joyce

Justin A. Joyce introduces the eighth volume of James Baldwin Review with a discussion of the US Supreme Court, the misdirected uproar over Critical Race Theory, a survey of canonical dystopian novels, and the symbolism of masking during COVID-19.

James Baldwin Review
Open Access (free)
Francisco E. González
Desmond King

commonly cited as the world’s first liberal democracy (Lipset 1963, 1996; McElroy 1999), in many ways the United States was also a remarkably late democratizer. Not until the passage of the Civil Rights Act in 1964 and the Voting Rights Act in 1965 (and the related US Supreme Court judgment in 1971) did the United States fully guarantee the basic democratic right to vote to all its citizens and protection of civil rights, that is, the conditions for Robert Dahl’s idea of polyarchy. In practice, until the mid-1960s UNITED STATES 233 the United States presented the

in Democratization through the looking-glass
Open Access (free)
Joseph Jaconelli

necessary link between the adjective and the concept of a ‘trial’. This is implicit in the comment on the guarantees of the Sixth Amendment by the US Supreme Court in Estes v. Texas:6 Significantly, in the Sixth Amendment the words ‘speedy and public’ qualify the term trial and the rest of the Amendment defines the specific protections the accused is to have at his trial. Thus, the Sixth Amendment, by its own terms, not only requires that the accused have certain specific rights but also that he enjoy them at a trial . . .7 In another respect, also, the concept of a

in Judicial tribunals in England and Europe, 1200–1700
Joy Damousi

active role on the issue of segregation. In 1952 she was a signatory to a submission to the US Supreme Court that outlined the effects of the segregation of racial and ethnic groups.58 The Southern Patriot discussed this issue at length in 1956, and particularly the psychiatric benefits of integration. Pro-segregationists were claiming that ‘mixing children in public schools would have harmful emotional effect on both races’.59 A survey conducted by the New Orleans Medical Association and the Medical Advisory Committee of the SCEF asked the following question: ‘From a

in A history of the case study
School segregation of Romani children

are not only discriminated against because of their socio-economic status and ethnic belonging but also discriminated against as citizens. Global parallels Legal activists and advocates focusing on the educational segregation of Romani children have drawn their inspirations from the earlier US Supreme Court cases on the school segregation of African American children, especially the 1954 case Brown v. Board of Education of Topeka (henceforth the Brown case) (Bader Ginsburg, 2005 ; Greenberg, 2010

in The Fringes of Citizenship

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Total infringement of citizenship

(Torres-Ríos, 2018 : 7). Studying US Supreme Court decisions, Torres-Ríos argues that Puerto Ricans have been described as racially inferior as a justification for second-class citizenship (Torress-Ríos, 2018 : 22). Another account of racialised citizenship maintains that racialised citizens are not mere observers of their predicament but contest it both in public and in private spheres (Erel and Reynolds, 2018 ; Bauer 2018 ). None of the previous theoretical comprehensions of racialised citizenship has explicitly dealt with whether and how it is

in The Fringes of Citizenship
Open Access (free)
‘Case history’ on violence against women, and against women’s rights to health and to reproductive health
Sara De Vido

issued a missing person’s report, but then it took several hours to proceed with the ‘attempts to locate’. Later that night, the husband reached the police station, fired shots through the window and was wounded (fatally) by the officers, who then discovered the bodies of the three girls in his truck. Lenahan’s substantive and procedural due process claims, based on the lack of adequate investigation of the murders, were dismissed by the US Supreme Court.39 She then filed a complaint with the IACommHR, which considered her claim admissible because she had exhausted all

in Violence against women’s health in international law
Open Access (free)
Neutrality, discrimination and common carriage
Christopher T. Marsden

Article 2 of that Act states: ‘messages received from any individual, company, or corporation, or from any telegraph lines connecting with this line at either of its termini, shall be impartially transmitted in the order of their reception, excepting that the dispatches of the government shall have priority.’ 104 The US Supreme Court in 1901 confirmed that a public telegraph company (and more especially

in Network neutrality
Open Access (free)
Ian Scott
Henry Thompson

December 2015). 15 Jon Lewis, Hollywood v Hard Core: How the Struggle Over Censorship Created the Modern Film Industry (New York: New York University Press, 2000), pp.75–​81. Mo ney Notes 155 Th e ci nem a of Ol iver   S to ne 156 16 Lewis, Hollywood v Hard Core, pp. 69–​72. U.S. v. Paramount Pictures Inc., 334 US 131 (1948). Available at: http://​​ us-​supreme-​court/​334/​131.html (accessed 1 March 2016). 17 Jennifer Steinhauer, ‘After Scandals, New Legal Stars Rise on Wall St.’, New York Times (20 May 2005). Available at http

in The cinema of Oliver Stone