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Articles 1 - 9 of 9
Full-Text Articles in Law
Wealth And Democracy, Jedediah Purdy
Wealth And Democracy, Jedediah Purdy
Faculty Scholarship
The renewed debate over inequality has highlighted a set of deficits in much of the last fifty-plus years of thinking on the topic. The late twentieth-century tradition of thinking about distributive justice largely assumed (1) that market dynamics would produce stable and tolerable levels of inequality; and (2) that a relatively powerful, competent, and legitimate state could effectively redistribute to mitigate what inequality did arise. What was largely overlooked in this thought and has since risen to central attention is the prospect that (1) accelerating levels of market-produced inequality will (2) undermine the legitimacy and efficacy of the state and …
Less Enforcement, More Compliance: Rethinking Unauthorized Migration, Emily Ryo
Less Enforcement, More Compliance: Rethinking Unauthorized Migration, Emily Ryo
Faculty Scholarship
A common assumption underlying the current public discourse and legal treatment of unauthorized immigrants is that unauthorized immigrants are lawless individuals who will break the law—any law—in search of economic gain. This notion persists despite substantial empirical evidence to the contrary. Drawing on original empirical data, this Article examines unauthorized immigrants and their relationship to the law from a novel perspective to make two major contributions. First, I demonstrate that unauthorized immigrants view themselves and their noncompliance with U.S. immigration law in a manner that is strikingly different from the prevalent view of criminality and lawlessness found in popular and …
The Politics Of Chinese Land: Partial Reform, Vested Interests And Small Property, Shitong Qiao
The Politics Of Chinese Land: Partial Reform, Vested Interests And Small Property, Shitong Qiao
Faculty Scholarship
This paper investigates the evolution of the Chinese land regime in the past three decades and focus on one question: why has the land use reform succeeded in the urban area, but not in the rural area? Through asking this question, it presents a holistic view of Chinese land reform, rather than the conventional "rural land rights conflict" picture. This paper argues that the socalled rural land problem is the consequence of China's partial land use reform. In 1988, the Chinese government chose to conduct land use reform sequentially: first urban and then rural. It was a pragmatic move because …
How Local Discrimination Can Promote Global Public Goods, Timothy Meyer
How Local Discrimination Can Promote Global Public Goods, Timothy Meyer
Faculty Scholarship
International negotiations struggle to keep pace with global problems like climate change. To fill this gap, local governments increasingly take matters into their own hands. For example, to promote the benefits of clean energy, a local government might give subsidies to renewable energy companies. Since 2001, California has given $2 billion in such subsidies, while states ranging from Minnesota to Kansas and Mississippi have doled out hundreds of millions of dollars each. Cities, such as Austin and Los Angeles, have also gotten into the act, contributing millions to renewable energy firms. To build support for these measures, the local government …
Transnationalizing Comparative Law, Ralf Michaels
Transnationalizing Comparative Law, Ralf Michaels
Faculty Scholarship
Comparative law will not die in the 21st century, but nor can it remain unchanged. Comparative law as we have it today still retains its roots in 1900: it is focused on states, on positive law, and on a scientific approach. Comparative law in the age of transnationalism will have to transnationalize: it must move beyond the state, it must move beyond positive law, and it must endorse cultural approaches. We must retain our critique of legal nationalism, but we must add our critique of uncritical legal universalism.
Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Foreword: Reflections On Our Founding, Guy-Uriel Charles, Luis E. Fuentes-Rohwer
Faculty Scholarship
Law Journals have been under heavy criticism for as long as we can remember. The criticisms come from all quarters, including judges, law professors, and even commentators at large. In an address at the Fourth Circuit Judicial Conference almost a decade ago, for example, Chief Justice Roberts complained about the “disconnect between the academy and the profession.” More pointedly, he continued, “[p]ick up a copy of any law review that you see, and the first article is likely to be, you know, the influence of Immanuel Kant on evidentiary approaches in 18th Century Bulgaria, or something, which I’m sure was …
That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy
That We Are Underlings: The Real Problems In Disciplining Political Spending And The First Amendment, Jedediah Purdy
Faculty Scholarship
In the area of money in politics, change at the doctrinal level will follow only from change at the political level. The current doctrine is coherent, intelligible, and profoundly misplaced. Shifting it will take a movement.
Markets, Morals, And Limits In The Exchange Of Human Eggs, Kimberly D. Krawiec
Markets, Morals, And Limits In The Exchange Of Human Eggs, Kimberly D. Krawiec
Faculty Scholarship
No abstract provided.
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Habermas, The Public Sphere, And The Creation Of A Racial Counterpublic, Guy-Uriel Charles, Luis Fuentes-Rohwer
Faculty Scholarship
In The Structural Transformation of the Public Sphere, Jürgen Habermas documented the historical emergence and fall of what he called the bourgeois public sphere, which he defined as “[a] sphere of private people come together as a public . . . to engage [public authorities] in a debate over the general rules governing relations in the basically privatized but publicly relevant sphere of commodity exchange and social labor.” This was a space where individuals gathered to discuss with each other, and sometimes with public officials, matters of shared concern. The aim of these gatherings was not simply discourse; these gatherings …