Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law (48)
- History (28)
- Philosophy (18)
- Religion (13)
- Legal History (11)
-
- United States History (11)
- Race, Ethnicity and Post-Colonial Studies (8)
- Social and Behavioral Sciences (8)
- Creative Writing (7)
- Ethics and Political Philosophy (7)
- Poetry (7)
- Political History (7)
- Law and Philosophy (6)
- Law and Race (6)
- International Law (5)
- Legal Writing and Research (5)
- Feminist, Gender, and Sexuality Studies (4)
- Law and Politics (4)
- Sexuality and the Law (4)
- African American Studies (3)
- American Studies (3)
- Christianity (3)
- Civil Rights and Discrimination (3)
- Comparative and Foreign Law (3)
- Constitutional Law (3)
- Cultural History (3)
- Law and Gender (3)
- Legal Education (3)
- Other Religion (3)
- Keyword
-
- Poems (6)
- Encyclopedia (5)
- Emotions (4)
- Book review (3)
- Decolonization (3)
-
- Rhetoric (3)
- Annual Survey of Books Related to the Law (2)
- Authority (2)
- Christianity (2)
- Cosmology (2)
- Critical race theory (2)
- Democracy (2)
- Dewey (John) (2)
- Direct democracy (2)
- Influence (2)
- Jazz (2)
- Persuasion (2)
- Poetry (2)
- Same-sex marriage (2)
- Science and antiscience (2)
- Slavery (2)
- State (2)
- Total theory (2)
- White supremacy (2)
- 17th-century poetry (1)
- 1887 Strikes (1)
- 1990s (1)
- 2008 Rome I Regulation (1)
- 9/11 (1)
- Abortion (1)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 84
Full-Text Articles in Arts and Humanities
In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough
In Citizenship We Trust? The Citizenship Question Need Not Impede Puerto Rican Decolonization, Jimmy Mcdonough
Michigan Law Review
Puerto Rico is an uncomfortable reminder of the democratic deficits within the world’s oldest constitutional democracy. Puerto Ricans are U.S. citizens who live in a U.S. territory that is subject to the plenary authority of Congress, to which they cannot elect voting members. In 2022, under unified Democratic control for the first time in a decade, Congress considered the Puerto Rico Status Act, legislation that would finally decolonize Puerto Rico. The Status Act offered Puerto Rican voters three alternatives to the colonial status quo—statehood, independence, or sovereignty in free association—and committed Congress to implementing whichever alternative won majority support from …
Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer
Une Histoire Pragmatique Du Politique, William J. Novak, Stephen W. Sawyer
Articles
Comme le montre ce numero, nous ne sommes guere en manque de tentatives recentes de repenser l'histoire du politique. En effet, deux generations d'historiens ont deja produit un grand nombre de nouvelles approches et de perspectives a partir desquelles il est maintenant possible d'etudier l'histoire politique a nouveaux frais. Dans le contexte historiographique americain, nous avons ete temoins d'une serie de nouvelles approches allant de ce que l'on a appele la « nouvelle histoire sociale politique » des annees 1970 a l'effort des sciences sociales pour « repenser l'Etat » (Bringing the State Back In) dans les annees 1980 et …
Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie
Rebraiding Frayed Sweetgrass For Niijaansinaanik: Understanding Canadian Indigenous Child Welfare Issues As International Atrocity Crimes, Alyssa Couchie
Michigan Journal of International Law
The unearthing of the remains of Indigenous children on the sites of former Indian Residential Schools (“IRS”) in Canada has focused greater attention on anti-Indigenous atrocity violence in the country. While such increased attention, combined with recent efforts at redressing associated harms, represents a step forward in terms of recognizing and addressing the harms caused to Indigenous peoples through the settler-colonial process in Canada, this note expresses concern that the dominant framings of anti-Indigenous atrocity violence remain myopically focused on an overly narrow subset of harms and forms of violence, especially those committed at IRSs. It does so by utilizing …
Capograssi, Imperdonabile, Andrew J. Cecchinato
Capograssi, Imperdonabile, Andrew J. Cecchinato
Fellow, Adjunct, Lecturer, and Research Scholar Works
When reviewing the history of early twentieth century thought, it is not uncommon to read reflections concerning the crisis of contemporary states. Less frequent – but not unheard of – is coming across meditations regarding the very end of the state. Among the latter, those of Giuseppe Capograssi (1889-1956) stand out like a lightning flash, for the eschatological meaning they flare upon the relationship between statehood and the law. «All true research on the state is a profound meditation on its ending», he writes concluding the introduction of his first book in 1918. Like a seal yet to be broken, …
Policing Queer Sexuality, Ari Ezra Waldman
Policing Queer Sexuality, Ari Ezra Waldman
Michigan Law Review
A Review of Vice Patrol: Cops, Courts, and the Struggle over Urban Gay Life Before Stonewall. By Anna Lvovsky.
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Nepantla/Coatlicue/Conocimiento, Gerald Torres
Michigan Law Review
A Review of Borderlands/La Frontera: The New Mestiza. By Gloria Anzaldúa.
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Africana Legal Studies: A New Theoretical Approach To Law & Protocol, Angi Porter
Michigan Journal of Race and Law
“African people have produced the same general types of institutions for understanding and ordering their worlds as every other group of human beings. Though this should be obvious, the fact that we must go to great lengths to recognize and then demonstrate it speaks to the potent and invisible effect of the enslavement and colonization of African people over the last 500 years.” – Greg Carr
The Ascension Of Indigenous Cultural Property Law, Angela R. Riley
The Ascension Of Indigenous Cultural Property Law, Angela R. Riley
Michigan Law Review
Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …
Beyond True And False: Fake News And The Digital Epistemic Divide, Gilad Abiri, Johannes Buchheim
Beyond True And False: Fake News And The Digital Epistemic Divide, Gilad Abiri, Johannes Buchheim
Michigan Technology Law Review
The massive fact-checking, flagging, and content removal campaigns run by major digital platforms during the 2020 elections and the Covid-19 pandemic did some good. However, they failed to prevent substantial portions of the population from believing that the election was stolen or that vaccinations are dangerous.
In this Article, we argue that the reason for the ineffectiveness of truth-based solutions—such as fact-checking— is that they do not reach the heart of the problem. Both scholars and policymakers share the implicit or explicit belief that the rise of digital fake news is harmful mainly because it spreads false information, which lays …
Decolonizing The Corpus: A Queer Decolonial Re-Examination Of Gender In International Law's Origins, David Eichert
Decolonizing The Corpus: A Queer Decolonial Re-Examination Of Gender In International Law's Origins, David Eichert
Michigan Journal of International Law
This article builds upon queer feminist and decolonial/TWAIL interventions into the history of international law, questioning the dominant discourses about gender and sexual victimhood in the laws of armed conflict. In Part One, I examine how early European international law writers (re)produced binary and hierarchical ideas about gender in influential legal texts, discursively creating a world in which wartime violence only featured men and women in strictly defined roles (a construction which continues to influence the practice of law today). In Part Two, I decenter these dominant discourses by looking outside Europe, questioning what a truly “international” law would look …
Implications Of The Selection Of Islamic Law In European Private International Law, Grace Brody
Implications Of The Selection Of Islamic Law In European Private International Law, Grace Brody
Michigan Journal of International Law
The English Court of Appeal in Beximco v. Shamil Bank chose to apply only English law in a breach of contract case, even though the choice of law clause in the contract at issue also selected Islamic law. The court cited three main reasons for this decision. First, article 3(1) of the Rome I Convention “contemplates” that a contract can be governed only by the “law of a country,” and there is no mention of the application of a “non-national system of law such as Sharia law.” Second, Islamic law does not consist of “principles of law” but instead a …
Beating A Dead Corpse, Josh Chafetz
Beating A Dead Corpse, Josh Chafetz
Michigan Law Review
A Review of Sovereignty, RIP. By Don Herzog.
How Racism Persists In Its Power, Deborah N. Archer
How Racism Persists In Its Power, Deborah N. Archer
Michigan Law Review
A Review of The Fire Next Time. By James Baldwin.
Exceptional Driving Principles For Autonomous Vehicles, A. D'Amato, S. Dancel, J. Pilutti, L. Tellis, E. Frascaroli, J. C. Gerdes
Exceptional Driving Principles For Autonomous Vehicles, A. D'Amato, S. Dancel, J. Pilutti, L. Tellis, E. Frascaroli, J. C. Gerdes
Journal of Law and Mobility
Public expectations for automated vehicles span a broad range, from mobility for passengers, to road user safety, to compliance with the traffic code. In most ordinary situations, these expectations can be satisfied simultaneously. But these various expectations can also lead to exceptional scenarios where certain objectives, such as those related to safety, are in tension with road rules. Exceptional driving scenarios challenge motion planning algorithms in automated vehicles to find solutions that are legally grounded, ethically sound, and technically feasible.
The general public’s familiarity with exceptional driving scenarios comes from the classic "Trolley Car" problem in philosophy, asking who should …
Of Rights And Regulation, Stephen W. Sawyer, William J. Novak
Of Rights And Regulation, Stephen W. Sawyer, William J. Novak
Book Chapters
This chapter explores the development of social provisioning as a matter not of right but of democratic administration in France and the United States in the nineteenth century. The authors take issue with conventional chronologies of rights development, which see civil and political rights being developed in the eighteenth and nineteenth centuries, with social rights appearing in the twentieth. Such categories and sequencing obscure the ways in which democratic administrations took the problem of social provisioning seriously. A history of socio-economic rights cannot be distinguished from the less formal technologies of socio-economic regulation that were an integral part of the …
Law In The Shadows Of Confederate Monuments, Deborah R. Gerhardt
Law In The Shadows Of Confederate Monuments, Deborah R. Gerhardt
Michigan Journal of Race and Law
Hundreds of Confederate monuments stand across the United States. In recent years, leading historians have come forward to clarify that these statues were erected not just as memorials but to express white supremacist intimidation in times of racially oppressive conduct. As public support for antiracist action grows, many communities are inclined to remove public symbols that cause emotional harm, create constant security risks and dishonor the values of equality and unity. Finding a lawful path to removal is not always clear and easy. The political power brokers who choose whether monuments will stay or go often do not walk daily …
Viii—Gambling On Others And Relying On Others, Nicolas Cornell
Viii—Gambling On Others And Relying On Others, Nicolas Cornell
Articles
Gambling on another person and relying on another person are similar but intuitively distinct phenomena. This paper argues that gambling is distinguished by the stance that it necessarily involves towards the bet-upon conduct. It then contends that, where one has gambled upon the conduct of another, one has no standing to complain against that person for losses that result. This small point may have significant implications for how we think about speculative economic losses.
Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito
Origin Stories: Critical Race Theory Encounters The War On Terror, Natsu Taylor Saito
Michigan Journal of Race and Law
Stories matter. They matter to those intent on maintaining structures of power and privilege, and to those being crushed by those structures. In the United States, the space to tell, and to hear, our stories has been expanding. This means that the histories and lived realities of those who have been excluded, particularly people of color, are seeping into mainstream discourse, into the books our children read, the movies and television shows they watch, and the many websites comprising social media. Critical race theory has played a role in this expansion. It insists that we recognize the legitimacy of the …
Lin-Manuel Miranda And The Future Of Originalism, Richard A. Primus
Lin-Manuel Miranda And The Future Of Originalism, Richard A. Primus
Book Chapters
This chapter discusses how Lin Manuel Miranda's Hamilton: An American Musical is changing the future of originalism. Originalism in constitutional law has recently had a generally conservative valence not because the Founders were an eighteenth-century version of the Federalist Society, but because readings of Founding era sources that favored right-leaning causes were generally predominant in the community of constitutional lawyers. Since 2015, however, the millions of Americans who have listened obsessively to Hamilton's cast album or packed theaters to see the show in person have been absorbing a new vision of the Founding. The blockbuster musical narrative has retold America's …
Why Women Also Know History, Emily Prifogle, Karin Wulf
Why Women Also Know History, Emily Prifogle, Karin Wulf
Articles
"Women Also Know Stuff. Does that sound obvious? It's not, alas." In early 2016 a group of women political scientists announced in The Washington Post their reasons for forming a group called Women Also Know Stuff. The US presidential election dramatically exposed the ongoing imbalance in the consultation and citation of women experts in political discussion.1 The new group was responding directly to media bias, but it has long been clear that bias—not only against women but against people of color, LGBTQ scholars, and other groups—is persistent in academia. The historical profession is no exception.
Commonsense Consent, Roseanna Sommers
Commonsense Consent, Roseanna Sommers
Articles
Consent is a bedrock principle in democratic society and a primary means through which our law expresses its commitment to individual liberty. While there seems to be broad consensus that consent is important, little is known about what people think consent is. This Article undertakes an empirical investigation of people’s ordinary intuitions about when consent has been granted. Using techniques from moral psychology and experimental philosophy, it advances the core claim that most laypeople think consent is compatible with fraud, contradicting prevailing normative theories of consent. This empirical phenomenon is observed across over two dozen scenariosspanning numerous contexts in which …
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
International Law And Theories Of Global Justice: Remarks, Steven R. Ratner, James Stewart, Jiewuh Song, Carmen Pavel
Articles
International law (IL) and political philosophy represent two rich disciplines for exploring issues of global justice. At their core, each seeks to build a better world based on some universally agreed norms, rules, and practices, backed by effective institutions. International lawyers, even the most positivist of them, have some underlying assumptions about a just world order that predisposes their interpretive methods; legal scholars have incorporated concepts of justice in their work even as their overall pragmatic orientation has limited the nature of their inquiries. Many philospophers, for their part, have engaged with IL to some extent—at a minimum recognizing that …
Christianity And The International Economic Order, Daniel A. Crane
Christianity And The International Economic Order, Daniel A. Crane
Book Chapters
The relationship between Christianity and the global economic order is murky. The influence of certain Christian thinkers can be seen in certain aspects of the international economic system, but it would be difficult to sustain the case that the system pervasively reflects a Christian character. There is little ongoing engagement between formal Christian institutions (churches or church groups) and formal political institutions such as the WTO, IMF, or World Bank, because the work of elite global political institutions has become technical, technocratic, and specialized. At a retail level, Christians of course exert influence on the global economy in their capacities …
An Apology For Lawyers: Socrates And The Ethics Of Persuasion, Sherman J. Clark
An Apology For Lawyers: Socrates And The Ethics Of Persuasion, Sherman J. Clark
Michigan Law Review
Review Plato's "Apology of Socrates" in Six Great Dialogues: Apology, Crito, Phaedo, Phaedrus, Symposium, and The Republic.
Review Of Religion And Nationalism In Southeast Asia, Michael S. Barr
Review Of Religion And Nationalism In Southeast Asia, Michael S. Barr
Reviews
It is a sign of how much the field of social sciences has changed that a new book interrogating the linkages and relationships between religion and nationalism sits in a crowded field. A couple of decades ago, scholars like Peter van der Veer and Mark Jeurgensmeyer had the religious part of the field to themselves, even as historians and other area studies scholars shook their heads, wondering at this blind spot in international relations scholarship. Even more recently it was still fashionable to look forward to the death of nations and nationalism at the hands of regionalism, globalization, and cosmopolitanism.
Quentin Skinner, The Foundations Of Modern Political Thought, Donald J. Herzog
Quentin Skinner, The Foundations Of Modern Political Thought, Donald J. Herzog
Book Chapters
"In The Foundations of Modern Political Thought, Quentin Skinner has three aims: creating a sort of reference book for hundreds of primary texts in multiple languages, illuminating a more general historical theme using late medieval and early modern political texts, and giving us a history of political thought with a genuinely historical character. Skinner allows us to see political theorists creatively wrestling with difficult political problems of their day, and attempting to solve them through their writing. Skinner’s critics, however, cannot shake the sense that placing these texts in historical contexts robs them of some of their profundity and value …
Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow
Toward A History Of The Democratic State, William J. Novak, Stephen W. Sawyer, James T. Sparrow
Articles
Over the past generation, the history of the state has been experiencing a much-noted renaissance, especially in France and the United States. In the United States as late as 1986, Morton Keller complained to William Leuchtenburg in the Journal of American History: “To say that ‘there is much still to be learned about the nature of the State in America’ is … a major understatement. There is close to everything to be learned about the State.” In France as late as 1990, Pierre Rosanvallon’s powerful introduction to L’État en France suggested that an ambitious history of the state could not …
Democratic States Of Unexception: Towards A New Genealogy Of The American Political, William J. Novak, Stephen W. Sawyer, James T. Sparrow
Democratic States Of Unexception: Towards A New Genealogy Of The American Political, William J. Novak, Stephen W. Sawyer, James T. Sparrow
Book Chapters
This chapter takes issue with the history and theory of exception along these three lines. The first section offers a critique of the idea of law at the heart of the theory of exception. By taking a closer look at the history and theory of law in early nineteenth-century America, it offers an alternative reading of the role of exception in Emerson’s America – a place and time in which the exception in law was anything but exceptional. The second section offers a critique of the idea of state and sovereignty at the heart of the theory of exception in …
The Concept Of The State In American History, William J. Novak
The Concept Of The State In American History, William J. Novak
Book Chapters
Debates about the state rage in contemporary America. On the right, libertarian and tea party rhetoric fulminates about shrinking the state or shutting down the government, frequently in hyperbolic terms like the Americans for Tax Reform notion of" drowning it in a bathtub." On the left, concern about the fate of the welfare state and an ever-expanding warfare and penal state produces equally impassioned retorts. Discussion of the American state-its nature, its size, and its uncertain future-dominates the political landscape as perhaps never before.
The Paradigm Of The Holocaust Will Not Last Forever, Richard A. Primus
The Paradigm Of The Holocaust Will Not Last Forever, Richard A. Primus
Book Chapters
In college I studied political theory. In class after class, I noticed that instructors and students alike regularly used the Holocaust as a way to test ideas. Any successful principle of political morality must show that the Nazis were wrong; any successful theory of political institutions must be structured to prevent Nazis from rising to power again. These were the implicit rules of the discipline. I preferred to argue in other ways. The Holocaust was personal, and too big to be put to use. Surely I could ground my ideas in something else, some problem or event other than the …