BOSTON COLLEGE
Boston College Third World Law Journal

Student
Publications

Volume 23 2003 Number 1

[Pages 1-56]
SHOPPING WHILE BLACK: APPLYING 42 U.S.C. § 1981 TO CASES OF CONSUMER RACIAL PROFILING
Anne-Marie G. Harris*

Abstract:  This Article describes the practice of Consumer Racial Pro-filing (CRP) by attempting to quantify it and to identify its causes and its effects. The author presents the case against Cracker Barrel Old Country Stores to illustrate the nature of modern-day consumer dis-crimination. The Article identifies the applicable laws and assesses the likelihood that plaintiffs will prevail under each theory. Concluding that § 1981 of the Civil Rights Act of 1866 offers CRP plaintiffs the best chance for recovery, the Article includes an analysis of the § 1981 claims against Cracker Barrel based on the case law developed since 1990. Noting the reasons why few CRP plaintiffs succeeded in cases of consumer harassment, the Article concludes that the federal courts must construe the statute more broadly to ensure, as set forth in a piece of civil rights legislation from 1866, “that a dollar in the hands of a Negro will purchase the same thing as a dollar in the hands of a white man.”

[Pages 57-114]
ADVANCING THE LANGUAGE OF HUMAN RIGHTS IN A GLOBAL ECONOMIC ORDER: AN ANALYSIS OF A DISCOURSE
Christiana Ochoa*

Abstract:  Human rights language is particularly attuned to setting out the goals of protecting the world’s least protected people. As human rights advocates have entered negotiations with international economic institutions and transnational corporations (TNCs), such negotiations have often resulted in an alternative language to describe the necessity of protecting and promoting human rights. After describing the progressive inclusion of human rights ideas by TNCs, the World Bank, the IMF, and the WTO, this Article argues that, while such inclusion is a benefit to the human rights movement, the creation of an alternative language to describe human rights goals is potentially detrimental. The language of human rights, in order to be understood by those it aims to protect, must, above all, be intelligible and accessible to them. At this early stage of interactions between human rights advocates and international economic actors, human rights advocates should retain and advance the compelling and utopian language of rights.

[Pages 115-158]
THE FAÇADE OF ACCOUNTABILITY: DISAPPEARANCES IN SRI LANKA
Wasana Punyasena*

Abstract:  The current ceasefire between the Sri Lankan government and the Liberation Tigers of Tamil Eelam marks a watershed moment for the government to finally implement effective policies to halt the disappearance phenomenon and address issues of reconciliation. Despite the recognition of a range of institutional initiatives to combat and document disappearances, such efforts have been largely ineffective. This Note provides some concrete strategies to help limit the disappearance phenomenon within the Sri Lankan context.

[Pages 159-192]
MANDATORY ARREST AND NO-DROP POLICIES: VICTIM EMPOWERMENT IN DOMESTIC VIOLENCE CASES
Erin L. Han*

Abstract:  In recent decades, arrest and prosecution have been applied to perpetrators of domestic violence with increasing severity, repre-senting an important step in recognizing domestic violence as a crime. Some jurisdictions have taken the war against domestic violence a step further, by employing aggressive “mandatory arrest” and “no-drop prosecution” policies. These policies have been met with mixed reactions from advocates of battered women and law enforcement agencies, who debate the effectiveness of the policies, both in curbing crime and in treating the needs of victims. This Note analyzes whether and to what extent specific aggressive arrest and prosecution policies are compatible with a victim-centered empowerment approach to domestic violence advocacy. It concludes by recommending various compromise approaches, which treat domestic violence as the crime that it is while at the same time empowering victims to become survivors.

[Pages 193-212]
TORTURING THE TICKING BOMB TERRORIST: AN ANALYSIS OF JUDICIALLY SANCTIONED TORTURE IN THE CONTEXT OF TERRORISM
Chanterelle Sung*

Abstract:  Alan Dershowitz’s book examines recent acts of global terrorism and analyzes the reasons why terrorism is successful. In an effort to reduce the frequency and severity of terrorist attacks, Dershowitz discusses different proposals that would deter terrorism while striking a balance between security and liberty. One of Dershowitz’s most controversial proposals calls for the use of judicially sanctioned torture to force a terrorist suspect to reveal information that would prevent an imminent terrorist attack. This Book Review explores the justifications for judicially sanctioned torture and ultimately argues that such a proposal would be morally and legally prohibited.