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Articles 1 - 9 of 9
Full-Text Articles in Law
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Postmodern Constitutionalism As Materialism, Francis J. Mootz Iii
Michigan Law Review
Professor J.M. Balkin's recent essay in the Michigan Law Review assesses the implications that postmodernism holds for constitutional law. Although I agree with Balkin about many of the specific issues that he believes must be addressed in a postmodern constitutionalism, I find that his manner of talking about postmodernism is unproductive in an important way. Balkin quite correctly argues that a postmodern constitutionalism should not mimic the fragmented and superficial culture of postmodernity, nor should it devolve simply to normative claims that postmodernity is desirable and should be embraced or adopted within the law. However, Balkin's thesis that a postmodern …
Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack
Rethinking Guild, Juries, And Jeopardy, George C. Thomas Iii, Barry S. Pollack
Michigan Law Review
We have attempted in this article to "begin over again and concentrate" by taking a fresh look at the interplay between guilt and jury verdicts. Somewhat to our surprise, we discovered that guilt is undefinable without reference to the larger society. We also discovered that our risk-of-error experiments implicated the principle of double jeopardy. When we began this thought experiment, we intended only to test the risk of error in various jury configurations and verdicts. We ended, however, by articulating a more fundamental principle: guilt is nothing more, and nothing less, than the judgment of society. Any verdict that accurately …
Minority Cultures And The Cosmopolitan Alternative, Jeremy Waldron
Minority Cultures And The Cosmopolitan Alternative, Jeremy Waldron
University of Michigan Journal of Law Reform
I have chosen not to talk in this Article about the warning that Rushdie is sounding in his essay In Good Faith, but to discuss more affirmatively the image of the modern self that he conveys. Still, I hope that we do not lose sight of the warning. The communitarianism that can sound cozy and attractive in a book by Robert Bellah or Michael Sandel can be blinding, dangerous, and disruptive in the real world, where communities do not come ready-packaged and where communal allegiances are as much ancient hatreds of one's neighbors as immemorial traditions of culture.
Playing With The Rules, Mark V. Tushnet
Playing With The Rules, Mark V. Tushnet
Michigan Law Review
A Review of Playing by the Rules: A Philosophical Examination of Rule-Based Decision-Making in Law and Life by Frederick Schauer
Conceptions Of Value In Legal Thought, Richard H. Pildes
Conceptions Of Value In Legal Thought, Richard H. Pildes
Michigan Law Review
A Review of Love's Knowledge by Martha C. Nussbaum
The Quest For Justice, James S. Fishkin
The Quest For Justice, James S. Fishkin
Michigan Law Review
A Review of Affirmative Action and Justice: A Philosophical and Constitutional Inquiry by Michel Rosenfeld
Law, Politics, And The Claims Of Community, Stephen A. Gardbaum
Law, Politics, And The Claims Of Community, Stephen A. Gardbaum
Michigan Law Review
This article aims to provide this needed analysis and then to show how it illuminates many of the exchanges taking place within the legal academy. It argues that the first step toward understanding "the claims of community" - whether in law or moral and political theory - is to recognize that, as the phrase itself suggests, more than one claim is involved. Merely to observe that the various proponents of community have as yet failed to establish a common and coherent communitarian position, though certainly true, is to miss the more critical insight: they are not engaged in such an …
Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen
Breaking The Deadlock: Toward A Socialist-Confucianist Concept Of Human Rights For China, David E. Christensen
Michigan Journal of International Law
This Note offers an alternative perspective on international human rights that seeks to bypass the dead-end universalist-cultural relativist debate, and proposes a concept of human rights that is harmonious with the modern collectivist and socialist Chinese order. Since human rights protect dignity, this study finds the source of human dignity in China in society, not in nature. This analysis opens the door to the development of a meaningful set of guaranteed individual rights for a socialist state and a Confucian order.
Capitalism And Democracy, Owen M. Fiss
Capitalism And Democracy, Owen M. Fiss
Michigan Journal of International Law
Socialism has collapsed. The long, historic struggle between capitalism and socialism has come to an end, and capitalism has emerged the victor. This turn of events was foreshadowed by the privatization movement of the late 1970s and 1980s that swept England, the United States, and a number of Latin American countries. History still awaited the renunciation of socialism by those who lived it, but that soon came in the form of the revolutions of 1989 in Eastern Europe and in the spiraling chain of events, set in motion by "perestroika," that ultimately led to the dissolution of the Soviet Union …