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Articles 1 - 23 of 23
Full-Text Articles in Legal Writing and Research
Democratic Justice In Transition, Marion Smiley
Democratic Justice In Transition, Marion Smiley
Michigan Law Review
Ruti Teitel's Transitional Justice and Ian Shapiro's Democratic Justice come out of very different academic traditions. But they both develop a view of justice that might loosely be called pragmatic by virtue of its treatment of justice as a value that is simultaneously grounded in practice and powerful in bringing about social and political change. Moreover, they both use this shared pragmatic view of justice to provide us with two things that are of great importance to the study of transitional justice and democracy in general. The first is an explanatory framework for understanding how legal institutions and claims about …
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Michigan Law Review
The essence of James Thuo Gathii's criticism of Governmental Illegitimacy in International Law is that my study seeks to answer a doctrinal question rather than to challenge the "Eurocentric" assumptions that pervade doctrinal thinking. Although I (inevitably) take exception to some of Professor Gathii's characterizations of the book's details, an elaborate clarification and defense of these finer points would amount to an uninteresting response to an interesting essay. Indeed, since Gathii characterizes the book as "well written, well-argued, and well-researched," and since I am in sympathy with the considerations that prompt him to go beyond the scope of what I …
Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii
Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii
Michigan Law Review
Brad R. Roth's Governmental Illegitimacy in International Law is a neoconservative realist response to liberal internationalists (or universalists). As a critique, the book unsurprisingly legitimizes the subject of its attack: liberal internationalism. That is so since in their opposition to each other, liberal internationalists and neoconservative realists fall within the same discursive formation - a Euro-American hegemony of thinking, writing, critiquing, engaging, producing, and practicing international law. This Review is an antihegemonic critique. It seeks to decenter this Euro-American opposition between liberal internationalism and neoconservative realism that has characterized the study of international law, especially in the post-Cold War period. …
Rejoinder: Twailing International Law, James Thuo Gathii
Rejoinder: Twailing International Law, James Thuo Gathii
Michigan Law Review
Brad Roth's response to my Review of his book seeks to privilege his approach to international law as the most defensible. His response does not engage one of the central claims of my Review - that present within international legal scholarship and praxis is a simultaneous and dialectical coexistence of the dominant conservative/liberal approach with alternative or Third World approaches to thinking and writing international law. Roth calls these alternative approaches critical and does not consider them insightful for purposes of dealing with issues such as anticolonialism. Roth's characterization of my Review as falling within critical approaches to international law …
Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer
Wainhouse: International Peace Observation-A History And Forecast, D. V. Sandifer
Michigan Law Review
A Review of International Peace Observation-a History and Forecast By David W. Wainhouse in association with Bernhard G. Bechhoefer, John C. Dreier, Benjamin Gerig and Harry R. Turkel.
Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal
Hay: Federalsim And Supranational Organizations. Patterns For New Legal Structures., Thomas Buergenthal
Michigan Law Review
A Review of Federalsim and Supranational Organizations. Patterns for New Legal Structures. By Peter Hay
Whiteman: Digest Of International Law, William W. Bishop Jr.
Whiteman: Digest Of International Law, William W. Bishop Jr.
Michigan Law Review
A Review of Digest of International Law. Edited by Marjorie M. Whiteman
Stein & Hay: Cases And Materials On The Law And Institutions Of The Atlantic Area, Homer G. Angelo
Stein & Hay: Cases And Materials On The Law And Institutions Of The Atlantic Area, Homer G. Angelo
Michigan Law Review
A Review of Cases and Materials on the Law and Institutions of the Atlantic Area Edited by Eric Stein and Peter Hay.
Kaplan & Katzenbach: The Political Foundations Of International Law, Leo Gross
Kaplan & Katzenbach: The Political Foundations Of International Law, Leo Gross
Michigan Law Review
A Review of The Political Foundations of International Law. By Morton A. Kaplan and Nicholas deB. Katzenbach.
International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey
International Commission Of Jurists: The Rule Of Law In A Free Society: A Report On The International Congress Of Jurists, William B. Harvey
Michigan Law Review
A Review of The Rule of Law in a Free Society: a Report on the International Congress of Jurists. Geneva, Switzerland: International Commission of Jurists, 1960.
Taylor: Indonesian Independence And The United Nations, Durward V. Sandifer
Taylor: Indonesian Independence And The United Nations, Durward V. Sandifer
Michigan Law Review
A Review of Indonesian Independence and the United Nations. By Alastair M. Taylor.
Henkin: Arms Control And Inspection In American Law, Eric Stein
Henkin: Arms Control And Inspection In American Law, Eric Stein
Michigan Law Review
A Review of Arms Control and Inspection in American Law. By Louis Henkin. With a Foreword by Philip C. Jessup.
Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde
Stein And Nicholson: American Enterprises In The European Common Market: A Legal Profile, Volume 1, James N. Hyde
Michigan Law Review
A Review of American Enterprises in the European Common Market: A Legal Profile, Volume 1. Edited by Eric Stein and Thomas L. Nicholson.
Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb
Moskowitz: Human Rights And World Order. The Struggle For Human Rights In The United Nations, Egon Schwelb
Michigan Law Review
A Review of Human Rights and World Order. The Struggle for Human Rights in the United Nations. By Moses Moskowitz.
Clark & Sohn: World Peace Through World Law, Harding Bancroft
Clark & Sohn: World Peace Through World Law, Harding Bancroft
Michigan Law Review
A Review of World Peace Through World Law. By Grenville Clark and Louis B. Sohn.
Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.
Snee & Pye: Status Of Forces Agreement: Criminal Jurisdiction, B. J. George Jr.
Michigan Law Review
A Review of Status of Forces Agreement: Criminal Jurisdiction: Criminal Jurisdiction. By Joseph M. Snee, S.J. and Kenneth A. Pye
Jessup: Transnational Law, Eric Stein
Jessup: Transnational Law, Eric Stein
Michigan Law Review
A Review of Transnational Law. By Phillip C. Jessup.
Garcia-Mora: International Law And Asylum As A Human Right, Alona E. Evans
Garcia-Mora: International Law And Asylum As A Human Right, Alona E. Evans
Michigan Law Review
A Review of International Law and Asylum as a Human Right. By Manuel R. Garcia-Mora.
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Comparative Legal Research, Some Remarks On "Looking Out Of The Cave", Hessel E. Yntema
Michigan Law Review
Despite this risk and without limiting discussion of comparative legal research to a Platonic theory of knowledge-to which I for one would not accede-the text prompts first the inquiry, unavoidable in a constructive discussion of the matter, whether contemporary legal study in the United States is concerned with shadows in an intellectual cave-or in other words, whether it is true, as I was told years ago, partly perhaps in jest, by a late distinguished member of the Supreme Court, then Attorney General, when, encountering me on a visit to the Department of Justice, he kindly asked what I was looking …
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Lawson: A Common Lawyer Looks At The Civil Law, F. S. C. Northrop
Michigan Law Review
A Review of A Common Lawyer Looks at the Civil Law. By F. H. Lawson.
Cohen: The Principles Of World Citizenship, Samuel I. Shuman
Cohen: The Principles Of World Citizenship, Samuel I. Shuman
Michigan Law Review
A Review of The Principles of World Citizenship. By L. Jonathan Cohen
Notes, Michigan Law Review
Notes, Michigan Law Review
Michigan Law Review
The information given in the notes is derived from inspection of the books, publishers' literature, and the ordinary library sources.
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Book Reviews, Nathan Isaacs, Horace Lafayette Wilgus, Arthur H. Basye, Leonard D. White, Victor H. Lane, Edwin D. Dickinson
Michigan Law Review
What does a judge do when he decides a case? It would be interesting to collect the answers ranging from those furnished by primitive systems of law in which the judge was supposed to consult the gods to the ultra-modern, rather profane system described to me recently by a retrospective judge: "I make up my mind which way the case ought to be decided, and then I see if I can't get some legal ground to make it stick." Perhaps the widespread impression is the curiously erroneous one lampooned by Gnaeus Flavius (Kantorowitz). The judge is supposed to sit at …