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Full-Text Articles in Law
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
The Paradox Of Silence: Some Questions About Silence As Resistance, Dorothy E. Roberts
University of Michigan Journal of Law Reform
In Part I, I note the difficulty in distinguishing between silencing and silence as resistance. This difficulty has often led people in power to misinterpret the silence of people of color. Part II further explores the complications of incorporating the study of silence into resistance scholarship. I illustrate this complexity by discussing the silencing of welfare mothers and the use of language by women of color to challenge dominant medical discourse. Part III considers Professor Montoya's proposal to use silence as a pedagogical tool. Continuing my examination of silence as both liberating and accommodating, I distinguish between silence in the …
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
Expanding Directions, Exploding Parameters: Culture And Nation In Latcrit Coalitional Imagination, Elizabeth M. Iglesias, Francisco Valdes
University of Michigan Journal of Law Reform
The articles and commentaries in this Symposium are excellent points of departure for reflecting upon the advances thus far achieved in the evolution of this still very young community of scholars. The articles and commentaries that follow this brief Introduction comprise the second "free-standing" law review Symposium on LatCrit theory organized specifically in response to student interests and initiatives. The timing is fitting, for this Symposium also coincides with the fifth anniversary of LatCrit theory's emergence in the American legal academy. Since then, five annual conferences and four additional colloquia have produced, in total, nine published symposia in both mainstream …
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
Culture, Nationhood, And The Human Rights Ideal, Berta Esperanza Hernández-Truyol, Sharon Elizabeth Rush
University of Michigan Journal of Law Reform
This Symposium on nation and culture illustrates these LatCrit goals and advances them. The two main works and the commentaries on them are rich explorations and representations of the voices and concerns of LatCrit theory. This Foreword engages all the works by focusing on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a progressive methodology to analyze and detect the exclusion or silencing of myriad voices. This Part develops a LatCritical Human Rights paradigm …
The Secret Of The Court In The Netherlands, Niels F. Van Manen
The Secret Of The Court In The Netherlands, Niels F. Van Manen
Seattle University Law Review
The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …
Toleration, Autonomy And Respect, Colin J. Harvey
Toleration, Autonomy And Respect, Colin J. Harvey
Michigan Journal of International Law
Review of On Toleration by Michael Walzer