This collection contains book chapters authored by Cardozo Law faculty, including contributions to edited volumes and academic publications.
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Breaking the Tradition: The Case for the 640 Detainees in Guantanamo
David Rudenstine
Neither journalistic nor sensationalistic eye-witness accounts, this is the first book of serious reflection on the moral background and issues of internal legality surrounding the events of Guantanamo Bay.
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A Pluralist Theory of Political Rights in the Times of Stress
Michel Rosenfeld
It is hardly clear which rights should qualify as political, much less which political rights should be deemed indispensable in times of stress. In a narrow sense, political rights are distinct from civil rights and from social and economic rights. Of the fifty three Articles of the United Nations' International Covenant on Civil and Political Rights, only two deal strictly speaking with political rights. Article 25 grants citizens an individual right to political participation that boils down to the right to vote and the right to be eligible for elective office. The collective right seems as broad as the individual right seems narrow, but if one places the latter in its proper context it only remains meaningful so long as it is inextricably linked to a significant bundle of other rights. In the end, pluralism does not furnish a list of political rights for each of the three different times discussed throughout.
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Gaining/Losing Perspective on the Law, or Keeping Visual Evidence in Perspective
Christopher Buccafusco
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Story of Tufts : the "Logic" of Taxing Nonrecourse Transactions
Laura E. Cunningham and Noël B. Cunningham