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Articles 1 - 11 of 11
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How Persuasive Is Natural Law Theory, Kent Greenawalt
How Persuasive Is Natural Law Theory, Kent Greenawalt
Notre Dame Law Review
No abstract provided.
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
The Postmodern Infiltration Of Legal Scholarship, Arthur Austin
Michigan Law Review
For legal scholars it is the best of times. We are inundated by an eclectic range of writing that pushes the envelope from analysis and synthesis to the upper reaches of theory. Mainstream topics face fierce competition from fresh ideological visions, a variety of genres, and spirited criticism of the status quo. Young professors have access to a burgeoning variety of journals to circulate their ideas and advice while the mass media covets them as public intellectuals. There is a less sanguine mood; an increasingly vocal group of scholars complain that it is the worst of times and refer to …
Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson
Puerto Rico, Puerto Ricans, And Latcrit Theory: Commonalities And Differences Between Latina/O Experiences, Kevin R. Johnson
Michigan Journal of Race and Law
This Essay situates Professor Malavet's analysis in LatCrit theory. The diminished citizenship status of Puerto Ricans on the island shares important commonalities with and differences from the experiences of persons of Mexican ancestry in the United States. Both Mexican Americans and Puerto Ricans enjoy citizenship and membership rights unequal to those accorded Anglos, although one group (Mexican Americans) is composed of citizens by law with full legal rights while the other (Puerto Ricans) includes United States citizens with limited legal rights in Puerto Rico. The guarantees of the law historically have held limited meaning for Mexican Americans; the limitation on …
Languages And Postmodern Ethnic Identities, Livia Käthe Wittmann
Languages And Postmodern Ethnic Identities, Livia Käthe Wittmann
Ethnic Studies Review
Specific discourses of our mother tongue (which is not always our mother's tongue) are supposed to decisively constitute our subjectivity. These discourses which are constituting us and are available to us offer possible identities. These identities carry ethno-culturally-specific meanings, which are symbolised within and by spoken, written, and non-verbal language/s. Are languages given the same relevance when giving meaning to postmodern ethnicity, if one understands postmodern ethnicity as a "stance of simultaneously transcending ethnicity as a complete, self-contained system but retaining it as a selectively preferred, evolving, participatory system?" Multilinguality, as it may correspond with aspects of postmodern ethnicity, seems …
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Dowry Deaths: Proposing A Standard For Implementation Of Domestic Legislation In Accordance With Human Rights Obligations, Namratha S. Ravikant
Michigan Journal of Gender & Law
This article discusses the due diligence standard of governmental responsibility, and measures the adequacy of India's implementation of its national dowry death legislation in accordance with its international human rights obligations. India has enacted legislation designed to combat dowry violence. Although India's laws seem to follow the letter of its international human rights obligations, the country violates the spirit of human rights by lacking an actual commitment to implement this legislation. This Article demonstrates and examines India's breach of its duty of due diligence. Such a breach constitutes government complicity in condoning and perpetuating dowry deaths, which violate women's human …
The New Cultural Diversity And Title Vii, Steven A. Ramirez
The New Cultural Diversity And Title Vii, Steven A. Ramirez
Michigan Journal of Race and Law
This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the …
Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad
Learning From Japan: The Case For Increased Use Of Apology In Mediation , Max Bolstad
Cleveland State Law Review
This article proposes that there is room for increased use of apology in the United States and in mediation in particular. Mediation offers the ideal setting for the offering of an apology because of its position outside the traditional strictures of the adversarial system and because of its oft-stated goal of reconciling parties and preserving relationships. Similarly, an increased awareness of apology among mediators is likely to provide another innovative method for helping parties reach a mutually satisfying and beneficial settlement. Part II of this Article examines the nature of apology and its transformative power. Part II discusses the use …
Introduction: Centrifuge And Fragmentation, Helena Goscilo
Introduction: Centrifuge And Fragmentation, Helena Goscilo
Studies in 20th & 21st Century Literature
The seismic changes inaugurated by desovietization not only recast the entire framework of Russia's cultural priorities, production, and reception, but ultimately revised fundamental concepts of what constitutes culture…
About That: Deploying And Deploring Sex In Postsoviet Russia , Eliot Borenstein
About That: Deploying And Deploring Sex In Postsoviet Russia , Eliot Borenstein
Studies in 20th & 21st Century Literature
Desovietization brought sex as a visible cultural phenomenon into Russia, one rife with contradictions and conflicts. Newspapers, popular magazines, advertisements, pornography, the first Russian sex talk show (About That), and pronouncements by a broad range of quotable public figures indicate that the problematics of sex during the 1990s consisted of the following: a sexualized relationship between Russia and the West; a sexualization of politics (rather than the politicization of sex); an inflexible yet implicit code governing the deployment of sex in "high" and "low" culture; and, above all, the development of a sexual discourse that defied circumlocution and …
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Michigan Journal of Race and Law
This Article articulates a theory of Puerto Rican cultural nationhood that is largely based on ethnicity. In linking ethnicity and citizenship, it is imperative, however, to avoid the evils of ethnic strife and balkanization, while celebrating rather than imposing difference; community consciousness cannot degenerate into fascism.
Cultural Resistance To Global Governance, Joel Richard Paul
Cultural Resistance To Global Governance, Joel Richard Paul
Michigan Journal of International Law
This article maps out the terrain in which state actors and legal scholars make claims premised on a cultural exception to justify derogating from international legal norms. The author’s aim is to understand why some of these claimed cultural practices displace international legal norms, while other practices are dismissed as violating international legal norms. Part II will examine this discourse in relation to the rights of women and sexual minorities. This article will show that the international community generally regards gender norms as cultural and the international legal norm of gender equality usually defers to national cultural practices. Part III …