Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (30)
- Comparative and Foreign Law (24)
- International Law (21)
- Law and Politics (17)
- Law and Society (16)
-
- Social and Behavioral Sciences (14)
- Supreme Court of the United States (13)
- Law and Economics (12)
- Legislation (10)
- National Security Law (10)
- Criminal Law (9)
- International and Area Studies (9)
- Arts and Humanities (8)
- First Amendment (8)
- Legal History (8)
- Military, War, and Peace (7)
- Political Science (7)
- Civil Rights and Discrimination (6)
- Fourteenth Amendment (6)
- History (6)
- International Humanitarian Law (6)
- International Relations (6)
- International Trade Law (6)
- Transnational Law (6)
- Education (5)
- Evidence (5)
- Immigration Law (5)
- Labor and Employment Law (5)
- Political History (5)
- Institution
-
- University of Michigan Law School (36)
- Maurer School of Law: Indiana University (9)
- University of Georgia School of Law (8)
- Fordham Law School (4)
- St. Mary's University (4)
-
- Washington and Lee University School of Law (4)
- Selected Works (3)
- U.S. Naval War College (3)
- University of Denver (3)
- Villanova University Charles Widger School of Law (3)
- Notre Dame Law School (2)
- Portland State University (2)
- SelectedWorks (2)
- Touro University Jacob D. Fuchsberg Law Center (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- American University Washington College of Law (1)
- Bard College (1)
- Boston University School of Law (1)
- Brigham Young University (1)
- Case Western Reserve University School of Law (1)
- Chicago-Kent College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Duke Law (1)
- Duquesne University (1)
- Gettysburg College (1)
- Liberty University (1)
- Northwestern Pritzker School of Law (1)
- Nova Southeastern University (1)
- Publication Year
- Publication
-
- Michigan Law Review (34)
- Georgia Journal of International & Comparative Law (8)
- Fordham Law Review (4)
- Indiana Law Journal (4)
- Faculty Articles (3)
-
- Human Rights & Human Welfare (3)
- International Law Studies (3)
- Powell Speeches (3)
- Villanova Law Review (3)
- Articles by Maurer Faculty (2)
- Faculty Publications (2)
- Faculty Scholarship (2)
- Faculty Works (2)
- Maryland Series in Contemporary Asian Studies (2)
- Special Collections: Oregon Public Speakers (2)
- Touro Law Review (2)
- Articles in Law Reviews & Other Academic Journals (1)
- Bernard Campbell Gavit (1933-1951) (1)
- Book Chapters (1)
- Book Reviews (1)
- Case Western Reserve Law Review (1)
- Chicago-Kent Law Review (1)
- Freedom Center Journal (1)
- Hallowed Secularism (1)
- ILSA Journal of International & Comparative Law (1)
- IUSTITIA (1)
- Indiana Journal of Global Legal Studies (1)
- International Review of Humanities Studies (1)
- James T Struck (1)
- Justin Schwartz (1)
- Publication Type
Articles 1 - 30 of 116
Full-Text Articles in Law
The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes
The Three Laws: The Chinese Communist Party Throws Down The Data Regulation Gauntlet, William Chaskes
Washington and Lee Law Review
Criticism of the Chinese Communist Party (CCP) runs a wide gamut. Accusations of human rights abuses, intellectual property theft, authoritarian domestic policies, disrespecting sovereign borders, and propaganda campaigns all have one common factor: the CCP’s desire to control information. Controlling information means controlling data. Lurking beneath the People’s Republic of China’s (PRC) tumultuous relationship with the rest of the world is the fight between nations to control their citizens’ data while also keeping it out of the hands of adversaries. The CCP’s Three Laws are its newest weapon in this data war.
One byproduct of the CCP’s emphasis on controlling …
Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan
Justice In Hybrid-Democracy: Blood Feuds And Albania Post Communism, Isabella Mahan
Themis: Research Journal of Justice Studies and Forensic Science
In 1991, Albania shifted from severe communist rule to a regime claiming to be democratic. However, to this day, Albania maintains undemocratic elements. This paper analyzes the impact of hybrid state capacity in the context of state-led justice and the implications for citizen compliance. Albanian culture possesses a deep history of reliance on Kanun and traditional justice in conjunction with the state's inconsistency and unreliability. It further establishes the disconnect between people and the state. Despite attempts to progress towards modernity, traditions of blood feuds reemerged with the movement away from communism. The failure to properly transition from authoritarianism to …
Guilt By Association On The Docks And In The Casinos, Conor Byrnes
Guilt By Association On The Docks And In The Casinos, Conor Byrnes
Touro Law Review
No abstract provided.
Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals
Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals
Senior Honors Theses
This thesis’s foremost purpose is to illustrate the nature of the intellectual battle waged between Karl Marx and Adam Smith. A detailed summary of each philosopher’s respective ideology is given, as well as an explanation for how such ideologies arose. Furthermore, an illustration of how the writings of Marx and Smith impacted historical events is provided. Ultimately, this thesis seeks to explain the core differences between Marxism and the free market system, and why such differences exhibit a great need for the preservation of liberty.
Warrior Pride: General Macarthur Vs. The State, Ian Joseph Ullmann
Warrior Pride: General Macarthur Vs. The State, Ian Joseph Ullmann
Senior Projects Spring 2020
This is a joint project that analyzes a case study in civil-military relations. It explores the advantages and disadvantages of civilian control of the military in a time of war. Looking at the Korean War, this project evaluates MacArthur's leadership and breaks down the factors that led to his dismissal.
For Coöperation And The Abolition Of Capital, Or, How To Get Beyond Our Extractive Punitive Society And Achieve A Just Society, Bernard E. Harcourt
For Coöperation And The Abolition Of Capital, Or, How To Get Beyond Our Extractive Punitive Society And Achieve A Just Society, Bernard E. Harcourt
Faculty Scholarship
In hindsight, the term "capitalism" was always a misnomer, coined paradoxically by its critics in the nineteenth century. The term misleadingly suggests that the existence of capital produces a unique economic system or that capital itself is governed by economic laws. But that's an illusion. In truth, we do not live today in a system in which capital dictates our economic circumstances. Instead, we live under the tyranny of what I would call "tournament dirigisme": a type of state-directed gladiator sport where our political leaders bestow spoils on the wealthy, privileged elite.
We need to displace this tournament dirigisme with …
Confucius And The Chinese Legal Tradition, Chenglin Liu
Confucius And The Chinese Legal Tradition, Chenglin Liu
Faculty Articles
More than two thousand years ago, Confucius transformed and perfected an institution for governing Chinese people, which has been religiously replicated by subsequent dynasties. Within the Confucian institution, the King, at the pinnacle of the pyramid, held absolute authority; regional lords were loyal to the King; and commoners were submissive to the privileged. Confucius held that peace and order could only be achieved when people acted according to their hierarchical worth assigned by the ruler. This article offers an overview of the transformation of Confucianism. It then examines competing schools of thought-Legalism and Taoism-and explains why Confucianism triumphed to become …
Communism In Чебурашка (Čeburaška) Film: A Semiotic Study, Hendra Kaprisma
Communism In Чебурашка (Čeburaška) Film: A Semiotic Study, Hendra Kaprisma
International Review of Humanities Studies
This article discusses communism in the film titled Čeburaška by Eduard Uspenskij. The study aims to identify the ideology of communism in Čeburaška. The Roland Barthes' semiotic theory was used to analyse the film. In order to see communism contained in Čeburaška, the author used two stages of Roland Barthes' semiotic theory of denotation and connotation. The research used descriptive and criticism methods. In analysing communism in Čeburaška, the author also use the following concepts: the concept of character and characterization, ideology, and film as an ideology. The research result shows that Čeburaška contains elements of communism that can be …
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Pace International Law Review
China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …
Dignity Takings In Communist Poland: Collectivization And Slave Soldiers, Ewa Kozerska, Piotr Stec
Dignity Takings In Communist Poland: Collectivization And Slave Soldiers, Ewa Kozerska, Piotr Stec
Chicago-Kent Law Review
Poland’s history in the 20th century could be a swell script of a movie. A country that had lost its independence in the 18th century regained it in 1918 only to fall prey to Nazi Germany twenty years later. After World War II Poland was under Communist rule that ended in 1989 with the fall of the Iron Curtain. In this paper we deal with dignity takings as defined by Professor Bernadette Atuahene that took place mostly in the early phase of the Communist era.
Creation of the Communist “brave new world” required total transformation of the society, sometimes referred …
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Mutua
Mary L. Dudziak's Exporting American Dreams: Thurgood Marshall’S African Journey (Book Review), Makau Mutua
Makau Mutua
This review of Mary Dudziak’s hugely important book contends that the author conflates the struggle for civil rights in the United States with the struggle for black majority rule in Kenya. While the two struggles are linked by white domination and the quest for blacks to free themselves from that domination, the book fails to interrogate and contextualize the limitations of equal protection norms for minorities in two vastly different political milieus. Dudziak does not problematize Thurgood Marshall’s blind insistence that the independence Kenyan constitution accord the economically dominant and oppressive white minority in colonial Kenya the same equal protections …
Katja, Ketevahi 'Katje', Tsos
Katja, Ketevahi 'Katje', Tsos
TSOS Interview Gallery
Ketevahi “Katja” is from Georgia. She’s in her late 40’s. She grew up on a farm in the country and became the financial support for her family after her mother died and her father became “emaciated.” When Putin came to power, diplomatic ties deteriorated between Georgia and Russia, which eventually led to war. She fled her country using forged documents and first worked in Turkey but has now lived in Naples for nine years and regularly sends money home to her brother, who cares for their father.
Katja expresses her feelings about war, government, liberty, and what it means to …
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
Charter On Economic Rights And Duties Of States: A Solution To The Development Aid Problem?, Joseph C. Vanzant
Charter On Economic Rights And Duties Of States: A Solution To The Development Aid Problem?, Joseph C. Vanzant
Georgia Journal of International & Comparative Law
No abstract provided.
Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter
Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter
Georgia Journal of International & Comparative Law
No abstract provided.
A Legal Theory Of Collective Security, David Frolick
A Legal Theory Of Collective Security, David Frolick
Georgia Journal of International & Comparative Law
No abstract provided.
Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba
Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba
Georgia Journal of International & Comparative Law
No abstract provided.
Can The Constitutional Court Of The Russian Federation Lead The Way To The Creation Of A True Democratic Society In The New Russian In The 21st Century?, Shawn S. Cullinane
Can The Constitutional Court Of The Russian Federation Lead The Way To The Creation Of A True Democratic Society In The New Russian In The 21st Century?, Shawn S. Cullinane
Touro Law Review
No abstract provided.
Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li
Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li
Georgia Journal of International & Comparative Law
No abstract provided.
Soviet Attitudes Toward International Cooperation In Political Matters Revisited: The Case Of Inconsistent Consistency, Josef Rohlik
Soviet Attitudes Toward International Cooperation In Political Matters Revisited: The Case Of Inconsistent Consistency, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
University of Baltimore Journal of International Law
For those steeped in the Western legal tradition, the Chinese political and legal system is, in the famous words of Winston Churchill, a riddle wrapped in a mystery inside an enigma.1 Of course, Churchill was describing the potential actions of Russia, not China.2 But, to continue borrowing from Churchill, perhaps there is a key – Chinese national interest and the interest of the Chinese Communist Party.3 This research explores the interaction between political, economic, and legal reform, and posits that the Chongqing incident4 was ultimately a positive turning point in the country’s institutional development. The theory presented herein is that …
President Lech Walesa And President Nelson Mandela: 2014 Recipients, Ariel Guggisberg
President Lech Walesa And President Nelson Mandela: 2014 Recipients, Ariel Guggisberg
Freedom Center Journal
The activist and former Polish President Lech Walesa and civil rights activist and former South African President Nelson Mandela were chosen by the Freedom Center to receive the 2014 International Freedom Conductors Award. These two revolutionaries undoubtedly meet the criteria of "reflect[ing] the spirit and courageous actions of conductors on the historic Underground Railroad." Both recipients of the award have spear headed efforts to effect positive social change and dedicated much of their lives to the fight for freedom, and "exemplify the values of freedom and human rights worldwide.'
Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley
Russian Membership In The Imf: A Look At The Problems, Past And Present, Buck Wiley
Georgia Journal of International & Comparative Law
No abstract provided.
So We Ran..., Sara R. Bias
So We Ran..., Sara R. Bias
Student Publications
This paper tells the true story of a Hungarian refugee who's family fled the communist regime there in 1971. Gabriella Bercze's story reflects on what it was like to live in Hungary under communist rule, and her family's experience in escaping the country, and fleeing to Italy, where they lived in a refugee camp for months before immigrating to the United States in the early 70s.
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Law Reform In Vietnam: The Uneven Legacy Of Doi Moi, Spencer Weber Waller, Lan Cao
Lan Cao
No abstract provided.
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz
Justin Schwartz
Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
The Real Challenge To The Polish Revolution: Cleaning The Polish Environment Through Privatization And Preventive Market-Based Incentives, G. Nelson Smith Iii
Pepperdine Law Review
No abstract provided.
Harmonization, But Not Homogenization: The Case For Cuban Autonomy In Globalizing Economic Reforms, Heather Shreve
Harmonization, But Not Homogenization: The Case For Cuban Autonomy In Globalizing Economic Reforms, Heather Shreve
Indiana Journal of Global Legal Studies
Since 1959, Cuba has been an anomaly in the Western Hemisphere. From its fierce isolationism to its steadfast commitment to-communism and Fidel Castro, the Cuban model shunned many modern conventions and developments of the increasingly globalized world. However, in the last decade, subtle shifts in Cuban governance and control led some scholars to question if and how Cuba could participate in the modern, global economy. President Razil Castro answered the speculation in late 2010 with an announcement regarding Cuban economic modernization and, again, in 2011, as significant economic reforms were implemented. All of these changes beg the ultimate question: Can …
Introduction: The Politics Of Hate, Robert L. Tsai
Introduction: The Politics Of Hate, Robert L. Tsai
Faculty Scholarship
This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …
The Politics Of Hate, Robert Tsai
The Politics Of Hate, Robert Tsai
Articles in Law Reviews & Other Academic Journals
This is a special issue dedicated to the topic of hate and political discourse. Collectively, the peer-reviewed articles in this volume are concerned with the political aspects of hatred, i.e., psychology, motivations, organization, tactics, and ends. The articles approach the problem from a variety of disciplines, including anthropology, history, law, literature, philosophy, political science, psychology, and sociology. Among the subjects analyzed: group hatred as a heritable trait; hate as an irrational system of thought; Italian fascism's construction of the Communist other; the rise of the English Defence League and its anti-Islam activities; the persistent myth of blood libel; judicial handling …