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Full-Text Articles in Law
Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo
Culture Clash: Teaching Cultural Defenses In The Criminal Law Classroom, Susan S. Kuo
Saint Louis University Law Journal
No abstract provided.
The Ethnic Question In Law And Development, Lan Cao
The Ethnic Question In Law And Development, Lan Cao
Michigan Law Review
World on Fire: How Exporting Free Market Democracy Breeds Ethnic Hatred and Global Instability, by Professor Amy Chua, is an analytically complex narrative of contemporary ethnic violence in the current era of globalization. Although such violence has historical roots, according to Chua it has also been fueled by free-market forces and democratization. The book is a forceful and provocative indictment of the current U.S. policy of promoting and exporting markets and democracy to developing and formerly communist, market-transitional countries. In her book, Professor Chua applies her thesis - that ethnicity, global capitalism, and democracy are a volatile mix - …
The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane
The Use Of Human Rights Discourse To Secure Women's Interests: Critical Analysis Of The Implications, Renu Mandhane
Michigan Journal of Gender & Law
This article highlights the significant theoretical constraints of universalism, the tendency of human rights advocates to ignore the underlying cause of rights violations, as well as problems associated with the concept of and informal hierarchy between rights. The article suggests that there are certain circumstances in which INGOs that rely primarily on human rights language in their advocacy efforts may wish to supplement their analysis with explicit reference to feminist legal theory in order to more effectively secure women's interests globally. These ideas will be developed with ongoing reference to the recent and successful campaign initiated by Nepali women to …
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Copyright Infringement, Sex Trafficking, And Defamation In The Fictional Life Of A Geisha, Susan Tiefenbrun
Michigan Journal of Gender & Law
Memoirs of a Geisha has sold and made millions for Arthur Golden since 1997. This is his first novel, and it has earned him worldwide acclaim. A feature film version directed by Steven Spielberg is in the works. The book is translated into more than twenty languages. This article uses the book and the legal controversy that ensued after its publication to ask, and hopefully answer, two questions: First, is the geisha tradition as described by Golden in his fictional biography a variant of sex trafficking and sexual slavery which, despite possible cultural justifications, should be abolished by law? Second, …
For Of All Sad Words Of Tongue Or Pen, The Saddest Are “It Might Have Been”—Free Culture: How Big Media Uses Technology And The Law To Lock Down Culture And Control Creativity, Katherine Kelly
William Mitchell Law Review
Review of Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity. By Lawrence Lessig. Penguin Press, 2004. 348 pages, $24.95
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Beyond State Sovereignty: The Protection Of Cultural Heritage As A Shared Interest Of Humanity, Francesco Francioni
Michigan Journal of International Law
In this paper the author will try to explore the topic from a different perspective: i.e. the emergence of cultural heritage as part of the shared interest of humanity, with the consequent need for international law to safeguard it in its material and living manifestations, including the cultural communities that create, perform and maintain it. Culture in itself is not extraneous to the formation of the modern nation State. Especially in the history of nineteenth century Europe, culture as language, religion, literary and artistic traditions provided the cement and the legitimizing element to support the claim to independent statehood.
Commentary To Professor Guibernau, Annika Tahvanainen
Commentary To Professor Guibernau, Annika Tahvanainen
Michigan Journal of International Law
Commentary on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
National Self-Determination And Ethnic Minorities, Olli Lagerspetz
National Self-Determination And Ethnic Minorities, Olli Lagerspetz
Michigan Journal of International Law
The paper will include three parts. In the first part, the relation between nationality and popular sovereignty is explored. In the second part, there is a somewhat analogous discussion of the concept of ethnicity. In the last part, the conclusions are applied in a discussion of ethnic nationalism.