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Framed as a matter of church/state separation, or “laïcité,” the 2004 law’s sphere of application was heavily circumscribed: It was limited to public schools and it applied to subjects (presumptively victimized young girls) who were legally minor. While the subject of significant debate, both at the time and since, the 2004 law was nonetheless upheld as conforming to the principles of the French Constitution and to the European Convention on Human Rights, in part because it was framed in universal terms. The same cannot be said...

Author: By Judith Surkis | Title: The Tip of the Iceberg | 5/26/2010 | See Source »

Government officials have overtly flouted these (non-binding) legal opinions, and they have set out to remedy what they view as a lacuna in existing French republican law. There is here a notable paradox: These politicians want to breach existing statutes (on the preservation of “human dignity,” “gender equality,” and even of public order) so as to better uphold them. In doing so, they hope to demonstrate the extent (and integrity) of their “republican” commitments by specifically targeting a very small group...

Author: By Judith Surkis | Title: The Tip of the Iceberg | 5/26/2010 | See Source »

Despite his lighthearted allusion to Boston’s baseball team, Klarman spoke about the unexpected backlashes associated with a different kind of winning streak—legal verdicts favorable for progressives, such as in Brown v. Board of Education and Roe v. Wade...

Author: By James K. Mcauley, CRIMSON STAFF WRITER | Title: Harvard Law School Hosts 'Think Big' Lecture | 5/25/2010 | See Source »

...event’s conclusion, Minow posed a series of questions to the panel of five professors, one of which dealt with the common theme of “comparison” in their speeches. Some legal scholars insist that comparing United States law with foreign law—such as that of the E.U.—is unwarranted, but the general consensus among the participants at the event was that trans-legal comparisons are essential...

Author: By James K. Mcauley, CRIMSON STAFF WRITER | Title: Harvard Law School Hosts 'Think Big' Lecture | 5/25/2010 | See Source »

...Sara D. Zucker, director of International Legal Studies Program, said that the word “fear” does not spring to mind in describing her interactions with Kagan in the past...

Author: By Zoe A.Y. Weinberg, CRIMSON STAFF WRITER | Title: Elena Kagan’s Management Style Amped Up Pressure at Harvard Law School | 5/14/2010 | See Source »

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