Textual Corruption in the Civil Rights Cases

The Civil Rights Cases ¹ do not quite rival Plessy v. Ferguson ² for notoriety as the decision that most clearly confirmed the failure of Reconstruction and the rise of Jim Crow. Yet the Civil Rights Cases did far more than Plessy to limit federal power to address the continuing consequences of slavery. They declared unconstitutional the Civil Rights Act of 1875 insofar as it prohibited discrimination in public accommodations operated by private parties. Congress passed that act under its powers to enforce the Thirteenth and Fourteenth Amendments, but the Court held the act unconstitutional on the ground that private discrimination was neither a badge or incident of slavery under the Thirteenth Amendment nor a manifestation of state action under the Fourteenth. Although the Court's holding under the Thirteenth Amendment was effectively overruled by the Warren Court, ³ its holding under the Fourteenth Amendment continues to be influential, supporting a decision of the Rehnquist Court striking down the Violence Against Women Act. ⁴     

孙中山直接民权思想之探析

孙中山先生在分析西方代议政体弊端的基础上,提出实行选举权、罢免权、创制权和复决权等四项直接民权。孙中山的直接民权思想在某种程度上,对保障和实现人民主权原则有着一定的积极作用,但在理论和实践中也不可避免地存在困境。     

The Americans With Disabilities Act as Engine of Social Change: Models of Disability and the Potential of a Civil Rights Approach

The Americans With Disabilities Act, based on the civil rights/minority group and independent living models of disability, may enhance access to health care, personal assistance, employment, the electoral process, and smoke-free environments for people with disabilities. However, this essential law cannot resolve these key issues. Supplemental theoretical and policy approaches will be necessary to promote fundamental change.     

Race and Civil Rights in the Contemporary Era

Paul M. Sniderman and Edward G. Carmines, Reaching Beyond Race
Brian K. Landsberg, Enforcing Civil Rights: Race Discrimination and the Department of Justice
Robert C. Smith, Racism in the Post-Civil Rights Era: Now You See It, Now You Don't     

论不当得利请求权与其它民事请求权的竞合

不当得利请求权是债权请求权的重要组成部分。然而,这种请求权在我国的司法实践中却极少应用。为充分发挥不当得利请求权的功能,需理清不当得利请求权与物权请求权、合同请求权、无因管理请求权、侵权损害赔偿请求权的竞合关系。     

试析杜鲁门总统民权委员会的活动

为了回应“两难困境”的挑战,杜鲁门总统颁布行政命令,创立了总统民权委员会。委员会对美国的种族关系和民权问题进行了全面的调研和评估,向总统提交了《保障这些权利》的报告。报告体现了战后美国政府和人们对种族问题的反思,也是对解决种族问题的探索和尝试。报告的大量发行和人们的竞相阅读,对增进美国民众的种族正义观念产生了重要的影响。     

Assessing Presidential Communications in Civil Rights Policymaking

This chapter compares the public communications of modern presidents across target groups and issue areas of civil rights. We find that attention, support, and symbolism on civil rights vary considerably across individual presidents and political party. Not surprisingly, in their public messages Democratic presidents are more attentive and supportive of civil rights than are Republican presidents. Some results were expected, while others were surprising. Lyndon B. Johnson was attentive and supportive; but, unexpectedly, George H. W. Bush was highly attentive to and quite nonsupportive of civil rights. Also surprisingly, on most indicators, Bush's policy statements were less symbolic and less equivocal than were Ronald W. Reagan's. Most attention is given to blacks as a target group (although this is declining) and to the employment issue area. Overall, the findings reveal the considerable flexibility and discretion in presidents' public communications in the civil rights realm.     

“陈果仁案”与亚美民权运动

为深入研究1982年“陈果仁案”给亚裔民权斗争提供的借鉴和警示,通过对“陈果仁案”的剖析,对华人和亚裔群体努力为陈果仁争取司法公正的行动及其影响进行了阐述和探讨。底特律司法部门对此案凶手的轻判,促使底特律和全美的华人及其他亚裔群体,以美国公民伸张正义联合会为领导中心,掀起了为陈果仁争取司法公正的抗议和声援运动。“陈果仁案”是一起典型的反亚裔暴力案件,它在亚美民权运动进程中具有十分重要的意义。