The Justinian Volume 1995 Article 1 Issue 3 December 1995 The uJ stinian Follow this and additional works at: https://brooklynworks.brooklaw.edu/justinian Recommended Citation (1995) "The usJ tinian," The Justinian: Vol. 1995 : Iss. 3 , Article 1. Available at: https://brooklynworks.brooklaw.edu/justinian/vol1995/iss3/1 This Article is brought to you for free and open access by the Special Collections at BrooklynWorks. It has been accepted for inclusion in The usJ tinian by an authorized editor of BrooklynWorks. et al.: The Justinian The Justinian Founded in 1931 • A Forum for the Brooklyn Law School Community December 1995 · Volume 65 • Number 2 Published by BrooklynWorks, 1995 1 The Justinian, Vol. 1995 [1995], Iss. 3, Art. 1 "I cannot wait to see what is in The Justinian." GET INVOLVED!!! THE JUSTINIAN IS LOOKING FOR STAFF MEMBERS AND CONTRffiUTING WRITERS. IF YOU WANT TO SHARE YOUR THOUGHTS AND IDEAS WITH THE BLS COMMUNITY, JUST WRITE THEM DOWN AND SUBMIT THEM TO THE JUSTINIAN 2 3ustinian Cj)ecem&er 1995 https://brooklynworks.brooklaw.edu/justinian/vol1995/iss3/1 2 et al.: The Justinian The Justinian A Forum for the Brooklyn Law School Community Edi tor-in-Chief MUliel Richards 4 Editor's Corner Managing Editor 6 Twenty-Eighth Amendment Joseph A. Hayden 7 Human Rights Watch Special Contributors 1l On Political Correctness Prof. Daniel C. Kramer Prof. Spencer Weber Waller 12 Why We Must Tolerate Hate Speech Prof. Anthony Sebok 14 A Thief Among Us Staff 15 The Orenthal Aftermath Daniel Ajello, Sandra Pallante 16 Years Ago ... Staff Photographer 17 Dean's Speech Robin Eichel 18 Best Brief 19 Equal Representation 20 Law and Popular Culture 21 Cultural Events Around Town 22 What Do You Think? 23 Dangerous Corner 23 Library Info. 3ustinlan Cj)ecem&e-r 1995 3 Published by BrooklynWorks, 1995 3 The Justinian, Vol. 1995 [1995], Iss. 3, Art. 1 in Dayton, Ohio. The Beatles have recorded an­ other album. And the Panama Canal is up for sale. E:dito,f"S, Corner You can assist in the continuation of these surprising By Muriel Richards developments by inundating The Justinian with your articles, suggestions, etc. Submission deadlines for each issue are posted on The Justinian's bulletin board space in the cafeteria. Submissions may be brought to room 610 or placed in our 5th floor On behalf of The Justinian, I would like to mailbox. express our appreciation to all who took the time In this issue, there is a thorough, informa­ and effort to express their views of our October tive essay submitted by Professor Daniel Kramer 1995 issue. We welcome your comments and (of The College of Staten Island) concerning a suggestions on how to improve The Justinian. We Twenty-Eighth Amendment to the U.S. Constitu­ wi~h, however, that more individuals would par­ tion, guar'anteeing a decent standar'd of living to all ticipate in the creation of each issue by submitting Americans. There is a special request form for your articles, book reviews, photographs, etc. So, if response to this article included. There is another inbetween (or, more realistically, after!) studying thoughtful and well-reas.oned article concerning for finals and preparing for the holidays you should hate speech, written by Daniel Ajello. We have get the urge to write an article or take a photograph, reinstituted a feature that used to appear in The plea e do so and submit it to The Justinian. Or, if Justinian titled, "Years Ago". This feature depicts during the winter break you read an interesting columns and photographs that appeared in The book, we would welcome a book review for our Justinian over the past sixty-four years. There is next issue. Additionally, if you should disagree or also a review of the play, "Dangerous Corner". We agree with something you have read in The Justinian, would like to continue this feature, with academic please write down why you oppose or support what schedules and reader responses permitting! And, you have read. As stated previously, we will of course, Joseph A. Hayden's column, "On Politi­ withhold any author/photographer's name upon cal Correctness" appears in this issue. request. If you have not previously submitted any On behalf of The Justinian, I would like to item to The Justinian, now is the time to break out wish everyone at BLS a memorable and safe holiday of the habit of non-direct participation. The Serbs, season. Good luck on final exams! Muslimsand Croats have signed a pea::eagreement 4 8ustinian g)ecem&er 1995 https://brooklynworks.brooklaw.edu/justinian/vol1995/iss3/1 4 et al.: The Justinian Q. WHY BAR/BRI A. BECAUSE EXPERIENCE COUNTS TM Let the POWER OF EXPERIENCE work for you 3ustinian Cj)ecem&er 1995 5 Published by BrooklynWorks, 1995 5 The Justinian, Vol. 1995 [1995], Iss. 3, Art. 1 Resolved: That A Twenty-Eighth Amendment Guaranteeing All A Decent Standard of Living Be Added To The United "States Constitution By Daniel C. Kramer The writer received his LL.B from Harvard Law James Nickel, two leading rights theorists, to the School. He is currently a professor of political effect that the right to a decent standard ofliving is science at The College of Staten Island, CUNY. a crucial one. These men begin by asking: what are our key human rights? Both answer that one of We are the richest country in the world, these is the right to "physical" ("personal") secu­ with a Gross National Product of about seven rity. (No, Newt, liberals are not anti-Iaw-and­ trillion. Yet, thilty to forty million of our fellow order; but this is not the only value they espouse!) Americans are mired in povelty and the gap between Thus, Shue (1980, p. 20) asserts that "people have rich and poor here is one of the largest in the a basic rightto physical security-a right that is basic industrialized world. Many in the working class not to be subjected to murder, torture, mayhem, have no health insurance and thus have to leave rape or assault". And Nickel (1987, pp.94-95) untreated the debilitating and sometimes danger­ includes as among a human being's "fundamental ous diseases that afflict themselves and their chil­ interests" a "secure claim to life". This in turn dren. The impoverished can get some care through comprises, among other things, a "claim to secu­ medicaid; but a Congress that wants to lower taxes rity" which "generates... duties not to murder, use on the rich at the expense of the indigent is gutting violence except in self-defense, or harm unneces­ this program. sarily". (Illlil., p.95) The specter of so much misery among so But neither Shue nor Nickel stops here. much opulence is so absurd that a literary critic The former continues by emphasizing that politi­ would declare it comical were it not for the real and cal and other freedoms are not of much use to the genuine pain that it inflicts. Unfortunately, only a individual who lacks food and shelter, i.e., a "right minority of Americans in this era of phony­ to subsistence". He explains that this is the right "to Christians screaming that the poor must be left to have available for consumption what is needed for starve to that they will not become "dependent" a decent chance at a reasonably healthy and happy recognize that this specteris infinitely more obscene life ... "; which is very close to what I mean by the than the most erotic photographs available in the right to a decent standard of living. Nickel (1987, grubbiest Times Square sex shop. It is time for p.95) is so convinced of the importance of the right those few of us who appreciate the dimensions of to at least a moderate standard of living that he this obscenity to start speaking up. One thing we deems it incorporated in his fundamental "secure can do is start calling for the passage of a Twenty­ claims to life" interest. "The claim to life ... also Eighth Amendment not demanding a balanced includes a claim to assistance, which implies budget- a laudable goal but one that in the present positive duties to assist people when they need help political climate would be achieved at the expense in obtaining the necessities of life ... " (Ibid.) of the least fortunate- but, rather, guaranteeing all Especially since the end of the Second Americans a decent standard of living. World War, many constitutions have declared that Peter Edelman, a fine lawyer and former the inhabitants of the countries involved have the Dean of Georgetown University Law School, was right to an adequate standard ofliving. (Duchacek, denied a judicial nomination by his old "friend" 1973, pp. 107-108) Of course, the basic charters of Bill Clinton for saying this a few years ago. But I communist countries asserted this. Butso does the am not in the running for a federal judgeship and so Constitution of predominantly Roman Catholic do not hesitate to adopt the position which caused Italy (Articles 36-38), of prosperous, capitalist Edelman's downfall. Japan (Atticle 25) and of democratic India (Ar­ Let me set forth some arguments in favor of ticles 39a and 43). The United Nations Universal adding such a Constitutional guarantee. I am going Declaration of Human Rights of 1948 provides in to start with the contention of Henry Shue and its Article 25 that "Everyone has the right to a Continued on P9ge 8 6 Bustin ian Cj)ecember 1995 https://brooklynworks.brooklaw.edu/justinian/vol1995/iss3/1 6 et al.: The Justinian HlUlffiaum Rigllilts Watcllil By Muriel Richards Earlier this month, nine individuals in Nigelia were executed after being found indirectly responsible for the murders of four pro-government tIiballeaders in that country.