Law Commons^™

Eloquence And Reason: Creating A First Amendment Culture, Robert L. Tsai

Robert L Tsai

This book presents a general theory to explain how the words in the Constitution become culturally salient ideas, inscribed in the habits and outlooks of ordinary Americans. "Eloquence and Reason" employs the First Amendment as a case study to illustrate that liberty is achieved through the formation of a common language and a set of organizing beliefs. The book explicates the structure of First Amendment language as a distinctive discourse and illustrates how activists, lawyers, and even presidents help to sustain our First Amendment belief system. When significant changes to constitutional law occur, they are best understood as the results …

Sport And Politics, Christine Bell

Human Rights & Human Welfare

I found the reflection interesting, but unsurprising. Protestors use the Olympic spotlight (or should we say torch?) to shine on China’s flaws, and China tries to re-direct or extinguish its beams.

A Primary Human Challenge, Carroy U. Ferguson

Carroy U "Cuf" Ferguson, Ph.D.

We may ask why, at both the individual and collective levels, it has seemed so difficult for us to choose to evolve our human games with Joy. There is no one answer for such a question, for each of us has the gift of free will. I will suggest, however, that built into our human games is what I call a primary human challenge. That primary human challenge is a dynamic tension, flowing from our creative urge for the freedom “to be” who we really are in our current physical form, and simultaneously to embrace our responsibility for our Being-ness.

Less Than Fundamental: The Myth Of Voter Fraudand The Coming Of The Second Great Disenfranchisement, David A. Schultz

David A Schultz

This article examines the issue of voter fraud and efforts to regulate it through new photo identification requirements. The overall thesis is that voting fraud is a pretext for a broader agenda to disenfranchise Americans and rig elections. However, the more specific focus of this article is both to examine the evidence of fraud and the litigation around voter IDs thus far, and what supporters of voting rights can learn from both as they move forward and challenge these laws in the future. The Article will argue that the evidence being offered for the photo IDs does not justify the …

Bargaining In The Shadow Of Violence: The Npt, Iaea, And Nuclear Non-Proliferation Negotiations, Arsalan M. Suleman

Arsalan Suleman

The NPT non-proliferation regime is both a multilateral treaty of international law and a dispute system designed to manage conflict over the use of nuclear technology. The system seeks to balance the competing desires of member-states to have access to peaceful nuclear technology and to provide national security. In the course of implementation, the system must handle disputes over alleged violations of the NPT and IAEA safeguards agreements. Negotiations, crucial to the functioning of the NPT dispute system, are undertaken in the shadow of the law and the shadow of violence. The NPT and any relevant agreement signed with the …

Assuming Bosnia: Democracy After Srebrenica, Timothy W. Waters

Timothy W Waters

Assuming Bosnia: Democracy after Srebrenica Timothy William Waters Associate Professor, Indiana University School of Law (Bloomington) This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, which requires one to consider several actors: Bosnia as a state, Bosnians as a people or peoples, and the international community. For since Dayton, the indispensable context for reform in Bosnia has been the international protectorate, which is to say the deliberate abrogation of autonomous, democratic, domestic processes for some defined, and hopefully higher, set of purposes. These purposes are expressed in the Dayton Accords, though increasingly the …

Assuming Bosnia: Taking The Polity Seriously In Ethnically Divided Societies, Timothy W. Waters

Timothy W Waters

This essay is a reflection on democracy, justice and intervention. It focuses on the Bosnian experience, where since the Dayton Accords the indispensable context for reform has been the international protectorate. This essay examines the assumptions used by the international community to govern Bosnia, which suggest a policy premised upon resistance to the fragmentation of the state under any circumstances, and a belief that the international intervention is simultaneously morally justified and a purely technical process for increasing efficiency. How necessary – indeed, how related at all – are those commitments to the dictates of justice? What is their relationship …

Indigenous Self-Determination: A Global Perspective, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The concepts of self-determination and sovereignty, from an Indigenous perspective, embrace values, attitudes, perspectives, and actions. Of course, as a result of the historical phenomenon known as colonialism, in which expansive European states sought to dominate the rights, resources, and lands of aboriginal people worldwide, one cannot discuss Indigenous self-determination and sovereignty without some corresponding discussion of how states and their policy makers understand these politically charged terms as well.

I have been thinking, acting, researching, and writing on these two vital concepts, intergovernmental relations, critical legal theory, and comparative Indigenous politics for nearly two decades. Along with this, I …

Shareholder Primacy's Corporatist Origins: Adolf Berle And The Modern Corporation, William W. Bratton, Michael L. Wachter

All Faculty Scholarship

No abstract provided.