• TALKING THE GOOD LIFE: FROM FREE SPEECH TO DEMOCRATIC DIALOGUE

      Hutchinson, Allan (1989-01-01)
      Any legal or political theory is a theory about 'the good life'. It is nonsensical to talk of law or politics outside of a social context, or to discuss a social framework separate from its laws or politics. Law, politics and societies are inextricably linked; each helps to define and constitute the others. By striving to provide an account of the terms and conditions of collective and individual life in a social group, the legal or political theorist cannot avoid the abiding and central conundra of human existence - What is the proper and best way to live?
    • MOVE: A Double Standard of Justice?

      Washington, Linn (1989-01-01)
      An insignificant protest against the caging of animals at the Philadelphia Zoo in 1972 by a band of boisterous, profanity-spewing radicals known as MOVE marked the inauspicious beginning of a series of violent clashes between this increasingly lawless sect and brutal Philadelphia police officers. The confrontations culminated in a shoot-out between MOVE members and police on May 13, 1985, in which a police helicopter dropped a bomb on a heavily fortified row house occupied by MOVE. The bomb sparked a firestorm which killed 11 MOVE members and gutted 61 homes, leaving 250 people homeless. Although only three MOVE members were named in police arrest warrants, the dead included five children whose ages ranged from 7 to 14 years old. The series of conflicts between police and MOVE ultimately claimed a dozen lives and consumed close to $50 million in city expenditures.
    • LAW, LEGITIMACY AND BLACK REVOLUTION

      Bowen, James (1989-01-01)
      The rise in militancy among Black American youth was one of the most seminal and significant phenomena of the late 1960's, because of the decisive social and political changes it engendered in the lives of Black people and in several other sectors of United States society. This article examines the history and etiology of Black students in the campus and urban turmoil of that period. This examination should be seen in tandem with several recently published appraisals of the civil rights and youth-student protest movements of the 1960s-70s. Most of these evaluations have focused on the role of white students in the social unrest of that era.
    • THE RELATIVE AUTONOMY OF THE UNITED STATES SUPREME COURT

      Kleven, Thomas (1989-01-01)
      The thesis of this article is that in performing the function of judicial review, the Supreme Court of the United States of America acts as a relatively autonomous institution.
    • WHAT'S A METAPHOR?: THE DEPORTATION OF A POET

      Cole, David (1989-01-01)
      For more than four years the United States government tried to deport feminist author Margaret Randall for the political content of her publications. The legal basis for the government's case against Randall was the McCarran-Walter Act, the infamous 1952 law that authorizes the government to exclude and deport non-citizens for any number of ill-defined ideological "crimes." The McCarran-Walter Act was passed during the height of the Cold War, and remains on the books to this day.
    • INTRODUCING LAW AND LIBERATION

      1989-01-01
      In the journal, we hope to present both the failures of law and the possibility of using that same law for progressive ends. This means not only bringing different issues into the legal discourse, but also challenging the nature of that discourse - we want to explore new ideas about what is worth writing about as well as different ways of framing the issues.
    • Is Law and Liberation an oxymoron?

      1989-01-01
      Is Law and Liberation an oxymoron?
    • THE WOMEN'S HIGH SECURITY UNIT IN LEXINGTON, KY

      Susler, Jan (1989-01-01)
      Under the laws of the United States, the government can imprison those convicted of crimes, and where there is evidence that a prisoner has posed a threat to security in previous institutions, can increase security. However, labeling a prisoner a security threat based solely on associations she had prior to conviction with organizations called "terrorist" by the government is unconstitutional. Prison officials may impose restrictions tailored to meet real threats to security, but may not impose restrictions based on a prisoner's political beliefs or associations, or based merely on speculation and conjecture.
    • THE LAW OF RACIAL STANDING

      Bell, Derrick (1991-01-01)
      Derrick Bell is the Weld Professor of Law at Harvard Law School. This talk was delivered at the 14th Annual Barrister Scholarship Ball of the Massachusetts Black Lawyers Association in Cambridge, March 31, 1990.
    • PREVENTIVE DETENTION: PREVENTION OF HUMAN RIGHTS?

      Whitehorn, Laura; Berkman, Alan (1991-01-01)
      Laura Whitehorn and Alan Berkman are two of the six political prisoners who are co-defendants in the Resistance Conspiracy Case (U.S. v. Whitehorn et al., 710 F.Supp. 803, D.D.C. 1989). The others are Susan Rosenberg, Marilyn Buck, Linda Evans, and Timothy Blunk. The six were indicted in May, 1988, for conspiracy to "influence change, and protest policies and practices of the U.S. government concerning various international and domestic matters through the use of violent and illegal means," and with carrying out a series of bombings against U.S. government and military targets, including the Capitol building following the invasion of Grenada and the shelling of Lebanon in 1983. According to Whitehom and Berkman, these actions constituted one part of the broader movements resisting racism, colonialism, and intervention in Central America, the Middle East, Africa, and Puerto Rico. The message of the bombings was that the U.S. government's denial of the right of oppressed nations to self-determination must be exposed and fought.
    • POPULAR TRIBUNALS, LEGAL STORYTELLING, AND THE PURSUIT OF A JUST LAW

      Waysdorf, Susan (1991-01-01)
      The current and historical realities of the U.S. legal system are best characterized by the contradiction between justice and order. Is this an irreparable rift? Have alternative forums for the pursuit of justice, contrary to the entrenched and formal legal system, emerged from community, political, or academic initiatives? What have been the social costs of the legal system's failure to deliver its intended good - justice? What examples exist of alternative justice systems from other countries and other times, from which we can create a visionary mosaic of possibilities towards a more just and ethical legal system? Is there a role for the excluded voices of the oppressed and for legal storytelling?
    • SPEAKING TRUTH TO POWER: POLITICAL PRISONERS IN THE UNITED STATES

      Bin Wahad, Dhoruba (1991-01-01)
      Dhoruba Bin Wahad is a former leader of the New York Black Panther Party. He was imprisoned for 19 years for a crime he maintains was part of the FBI and New York Police Department's effort to target militant black leaders during the 1970s. New York Supreme Court Justice Peter J. McQuillan overturned Mr. Bin Wahad's conviction was last March, 1990, citing inconsistent and insufficient evidence. Mr. Bin Wahad presently works in New York with Freedom Now, a Chicago based organization which lobbies for the release of political prisoners being held throughout the U.S. The following text was extracted from a speech presented by Mr. Bin Wahad at Yale University on April 30, 1990 as part of a forum on Political Prisoners in the United States, sponsored by the Journal of Law and Liberation.
    • WOMEN AND NATIONAL LIBERATION MOVEMENTS

      Tillinghast, Muriel; McFadden, Patricia (1991-01-01)
      Muriel Tillinghast is a human rights and community activist. She was a key organizer for the Student Non-Violent Coordinating Committee, and one of three female organizers who headed county projects in Mississippi in 1964. She and her staff were responsible for Washington, Issaquena and Sharkey counties. She became the second state coordinator for the Council of Federated Organizations, the umbrella civil rights organization which called for the famous Mississippi Summer Project. Ms. Tillinghast resides in Brooklyn, New York, with her daughters, Bayo Callender and Aisha Hinton, her two dogs and two cats. She does social services advocacy in health and child welfare, labor issues and legal referral. She has recently joined the administration of Children in Crisis, which specializes in finding and counseling runaways and kidnap victims.Patricia McFadden is a member of the African National Congress who fled South Africa because of her political activities, and hopes to go home soon. She did her D.Phil at Oxford, and does work on gender in Southern African society and politics. She is presently doing research in Dakar, Senegal. At the time a version of this paper was given at the Yale Law School in April 1990, she was Visiting Professor at the Africana Studies and Research Center at Cornell University. She has three children, a son and a daughter still in South Africa, and a young son with her.
    • AIDS AND HOMELESSNESS: PERSONAL ACCOUNTS

      1991-01-01
      The following accounts were originally presented at federal and local hearings on the subject of AIDS and homelessness. All of the authors are members of Anger into Direct Action (AIDA) a self-empowerment direct action group based in New York City, whose members are homeless people with HIV.
    • POLITICAL PRISONERS IN THE UNITED STATES: THE PUERTO RICAN CHARADE

      Rosado, Julio (1991-01-01)
      Julio Rosado is a former Political Prisoner of the United States and is currently on the International Commission of Freedom Now. This article is a sparsely edited version of a speech given at Yale University on April 30, 1990 as part of a forum on Political Prisoners in the United States sponsored by the Journal of Law and Liberation.
    • Black Nation Under Siege

      Alim Muhammad, Dr. Abdul (1991-01-01)
      In the name of Allah the Beneficent, the Merciful, the one, the true and the living God, the Lord of all of the world, the creator of all living things, the sustainer, the nourisher of that which he has created. In the name of his messengers and servants which include Moses, Jesus and Mohammed and in the name of every righteous man and woman who has ever lived or who is living today, in the name of our foreparents who were kidnapped and made slaves and whose unmourned and unburied corpses lined the floor of the Atlantic Ocean, I would like to offer to you, the students and faculty here at the Yale University Law School the Nation of Islam's greetings of peace in the Arabic language: "Asalaamu-Alaikum."
    • MY DANCE WITH JUSTICE

      Njeri, Akua (1991-01-01)
      The legal system is viewed by many as the lynching system. We see Afrikan men and women arrested disproportionately to their total numbers in the population. We are railroaded through the courts or incarcerated as we await court dates because we can't pay exorbitant ransom (bond). We see thousands of Afrikan political prisoners and prisoners of war. So - is this liberty and justice for all? Not for the Afrikan, in a system that is perpetuated by the victimization of the victim. A victimization that is the life blood of this parasite, capitalism.
    • IN THE SPIRIT OF CRAZY HORSE: THE CASE OF LEONARD PELTIER

      Bushyhead, Yvonne (1991-01-01)
      Leonard Peltier, a Native American of Anishinabe/ Lakota descent, gets up at 6:30 a.m. with the other prisoners in Leavenworth Federal Penitentiary in Kansas. He eats when they eat and, like everyone else, has to be in his cell at 10:00 p.m. for the last countdown of the day. There is one distinct difference between Peltier and the other prisoners at Leavenworth - widespread solidarity outside the prison.
    • LANGUAGE, IDENTITY AND LIBERATION: A CRITIQUE OF THE TERM AND CONCEPT "PEOPLE OF COLOR"

      Escobar, Elizam (1991-01-01)
      Any critical discussion on the question of identity must remind us that the process of liberation is not only a process of self-determination and power but also an internal process of self-examination. This internal process is valid and important in and of itself, but when it is present in the political/ideological struggle for liberation, it becomes crucial and qualitatively determinant.