Browsing by Subject "justice"
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Item A New Era in Federal Preferential Contracting? Rothe Development Corporation v. United States Department of Defense and Department of the Air Force(The Federalist Society, 2009-02-16) La Noue, George R.On Election Day, while the country’s attention was otherwise engaged, the Federal Circuit Court of Appeals unanimously stuck down the racial preferences in Section 1207 of the National Defense Authorization Act (1987), the federal defense contracting program. Although racial preferences in federal contracting began in the 1977 Public Works Employment Act (PWEA) and have subsequently spread to dozens of other programs and agencies, the Rothe v. Department of Defense and Department of the Air Force decision marks the first time a facial challenge to a federal preferential contracting program has ever been successful. Rothe’s victory came after ten years of litigation that involved losing three trial court decisions and then winning reversals and remands in two Circuit Court opinions in 2001 and 2005. In its third encounter with the case, precedents had so tightened the evidentiary requirements for contracting preferences that the Federal Circuit fi nally found the 1207 program unconstitutional on its face.” Because of the unique status of the Federal Circuit Court of Appeals which can have national jurisdiction over federal contracting, the Rothe decision has far more significance than a decision by another Circuit which would be enforceable only in that Circuit. The Bush Department of Justice opted not to seek en banc reconsideration and Obama’s new team decided not to petition for certiorari, so the Rothe rules will have to be seriously considered as the Obama administration crafts its stimulus programs with expanded federal procurement.Item Supreme Court decision: gerrymandering fix is up to voters(Salon, 2019-06-29) Short, John RennieIn a 5-4 decision the Supreme Court has ruled that partisan gerrymandering is not unconstitutional. The majority ruled that gerrymandering is outside the scope and power of the federal courts to adjudicate. The issue is a political one, according to the court, not a legal one.Item Transitional Justice & Rwanda: David Hume And The Limits of Jus Post Bellum(The Critique, 2016-09-13) Kassner, Joshua J.Over 100 days in the late spring and early summer of 1994, approximately 800,000 Rwandan Tutsis and Tutsi-sympathizers were slaughtered in a campaign of violence orchestrated by Rwanda’s Hutu leaders in concert with a Hutu militia known as the Interahamwe. While the Hutu-extremists engaged in genocide, the international community stood idly by, hiding behind the moral cover of false histories, legal technicalities, and disingenuous claims that the choice not to intervene was a matter of respect for Rwandan sovereignty. Only after the Rwanda Patriotic Front had stopped the killing and defeated the extremist forces did France, under the guise of humanitarian concern, intervene. In reality, the French established a safe zone to protect their client – the Hutu-led Francophone genocidal government fleeing the country in defeat.[i]Item Work Around Utopia(2018-01-01) Noah, Mitchell; Cazabon, Lynn; Visual Arts; Imaging and Digital ArtsWORK AROUND UTOPIA is an alternative vision of service within public space that reimagines participants, practices, and tools using humor, craft, and design. Through playful reconfiguration, otherwise mundane maintenance activities become touchstones for serious issues: utopia, justice, social cohesion, mobility, infrastructure, and labor. At a city- block scale, the sculpture, video, and photomontages in the exhibition reclaim public space through critical making techniques. The exhibition includes four sculptural and performative works: Deflators, a wall installation of metal debris meticulously gathered from Baltimore streets. Magneto, a device made for picking up such debris. BW3H, a broom that explores cohesive labor by requiring three bodies to operate it. And Chariot, an ad hoc motorized street sweeper. The video uuutopia shows close-quarter perspectives of a car wheel in continuous motion. And finally, Models for Greener Policing is a series of photomontages speculating fantasies of public service.