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Series

Faculty Scholarship

Duke Law

2007

Law and Society

Articles 1 - 3 of 3

Full-Text Articles in Law

Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams Jan 2007

Mae Ngai's Impossible Subjects: Illegal Aliens And The Making Of Modern America, Kerry Abrams

Faculty Scholarship

No abstract provided.


Race, Redistricting, And Representation, Guy-Uriel Charles Jan 2007

Race, Redistricting, And Representation, Guy-Uriel Charles

Faculty Scholarship

This Essay, which was written for the Ohio State Law Journal's symposium on Election Law and the Roberts Court, examines the Court's decision in League of United Latin American Citizens (LULAC) v. Perry. The Essay explores two ways of reading LULAC: first as a racial representation case and second as a case concerned with representation itself. The essay argues that politics not race is the majority's worry in LULAC and that the case is the first application of Justice Kennedy's representation rights concept first introduced in Vieth.


Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy Jan 2007

Property And Empire: The Law Of Imperialism In Johnson V. M’Intosh, Jedediah Purdy

Faculty Scholarship

Chief Justice's Marshall's opinion in Johnson v. M'Intosh, 21 U.S. (8 Wheat.)543 (1823) has long been a puzzle, both in its doctrinal structure and in long, strange dicta which are both triumphal and elegiac. In this Essay, I show that the opinion becomes newly intelligible when read in the context of the law and theory of colonialism, concerned, like the case itself, with the expropriation of continents and relations between dominant and subject peoples. I examine several instances where the seeming incoherence of the opinion instead shows its debt to imperial jurisprudence, which rested on ...