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Articles 241 - 270 of 10415
Full-Text Articles in Entire DC Network
No Law Is An Island: A Dialogical Rejoinder To Authoritarian Legalism, Julen Etxabe
No Law Is An Island: A Dialogical Rejoinder To Authoritarian Legalism, Julen Etxabe
All Faculty Publications
A new form of “autocratic legalism” (Scheppele) that relies on law rather than guns raises a serious challenge to democratic constitutionalism. While authors tend to focus on the “illiberal” challenge, this article is concerned with its jurisprudential dimension: what exactly is wrong with autocratic legalism? That is, to what extent does legalism, understood as the formalistic and one-sided instrumentalization of law, represent a hollowed-out, defective, and potentially harmful theory of law? And if legalism is such a theory of law, perhaps prone to authoritarianism, whence can we draw the resources to flesh out a “non-legalistic” and democratic conception of …
Constitutional Futurisms, Jeremiah Chin
Constitutional Futurisms, Jeremiah Chin
Northwestern University Law Review
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Infrastructure Equality, Deborah N. Archer, Yuvraj Joshi
Northwestern University Law Review
The United States’ racialized geographies have left communities of color with systematically inferior essential infrastructure that perpetuates their social and economic exclusion. From roads, public transportation, and sewage systems, to banks, high-speed internet, and high-quality public schools, people and communities of color have limited access to the fundamental infrastructure necessary to lead socially and economically vibrant lives. This Essay introduces “infrastructure equality” as a unifying framework to address the critical intersection of physical, social, and legal infrastructures that feed racial inequality. Drawing on multidisciplinary research, it argues that infrastructure—the interconnected and vital system of physical structures, networks, and social institutions—should …
Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems, Kelik Wardiono, Arief Budiono, Saepul Rochman, Jan Alizea Sybelle
Prophetic Law In Indonesia And South Africa: A Comparative Constitutional Study On The Integration Of Religious Law Into Legal Systems, Kelik Wardiono, Arief Budiono, Saepul Rochman, Jan Alizea Sybelle
Padjadjaran Jurnal Ilmu Hukum (Journal of Law)
Prophetic law is an ancient legal framework rooted in divine commandments, such as God's Ten Commandments to Moses, as well as Christian and Islamic laws, nowadays commonly referred to as religious law. The meaning of prophetic law is religious law from Abrahamic religions. Particularly, Christian law has significantly influenced Western civilization, with its impact extending to regions like South Africa besides customary law. Similarly, Islamic law has also left a lasting impression on Indonesia's legal system besides customary law. This article employs a comparative law method to analyze the constitutions of Indonesia and South Africa, focusing on the legalization of …
Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards
Re-Imagine Paradise: The Impacts Of The Illegal Annexation Of Hawai'i & Tourism On Native Hawaiians, Paige Edwards
SMU Journal of Undergraduate Research
This literature review presents a vital exploration of colonialism, the illegal annexation of Hawai’i, and the subsequent emergence of the tourism industry as a neocolonial enterprise. Neocolonialism is the process of colonial dominance through modern exploitation, which is masked through economic opportunities and has left territories and their native people dependent on it. By tracing the major historical events in Hawai’i highlights how education was a vital aspect of Native Hawaiian culture, empowering its people - a stark contrast to the current education system where the education system perpetuates the commodification of Native Hawaiian culture. Education has played a pivotal …
Social Thought From The Ruins: Quixote’S Dinner Party, David A. Westbrook
Social Thought From The Ruins: Quixote’S Dinner Party, David A. Westbrook
Books
Through stories, conversations, and essays, this book pursues interwoven critical and philosophical inquiries into the nature of the contemporary in the North Atlantic, asking how are we to live as intellectuals, individually and in community? Social Thought From the Ruins: Quixote’s Dinner Party is the product of informal discussion and academic work done over the last two decades among an international group of social scientists. An extended critique of academic life today and the context of our own thinking, this book interrogates aspects of our modernity, with its pervasive sense of crisis and uncertainty, and the difficulty of thinking clearly …
"Common Good Constitutionalism": Rule Of Law, Rule By Law, Or Something Else Entirely?, Jan-Werner Müller
"Common Good Constitutionalism": Rule Of Law, Rule By Law, Or Something Else Entirely?, Jan-Werner Müller
Law and Contemporary Problems
No abstract provided.
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Law and Contemporary Problems
No abstract provided.
Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin
Paradise Lost In The Patent Law? Changing Visions Of Technology In The Subject Matter Inquiry, Dana Remus Irwin
Florida Law Review
In recent decades, the Patent and Trademark Office and the federal courts have dramatically expanded the scope of patentable subject matter—the set of inventions eligible for patent protection. Existing scholarship has taken a narrow view of this expansion. Scholars argue on efficiency grounds that without more meaningful limits on the scope of patentable subject matter, future invention will be impeded rather than encouraged. This Article takes a broader view of the subject matter inquiry, tracing its historical development and its changing theories of technology, from the patent system’s inception to the present. This Article demonstrates that through these theories of …
Development Analysis Of South Africa: Potential Impacts Of The Democratic Alliance’S Presence In The New Coalition, Mitchell Susswein
Development Analysis Of South Africa: Potential Impacts Of The Democratic Alliance’S Presence In The New Coalition, Mitchell Susswein
Dartmouth Undergraduate Journal of Politics, Economics and World Affairs
No abstract provided.
Watching The Clock: Time-Tracking And The Erosion Of Privacy And Dignity At Work, Tammy Katsabian
Watching The Clock: Time-Tracking And The Erosion Of Privacy And Dignity At Work, Tammy Katsabian
Comparative Labor Law & Policy Journal
This article examines the rise of time-tracking technologies as a dominant form of digital workplace surveillance and their implications for workers’ privacy and dignity. Often framed as neutral tools for enhancing productivity, these systems embed continuous algorithmic oversight into daily work routines, intensifying managerial control and reshaping the employment relationship. Drawing on legal, philosophical, and socio-technical scholarship, the article argues that privacy and dignity are mutually reinforcing values, both of which are undermined by pervasive surveillance practices. Privacy is not treated here as a waivable entitlement grounded in individual consent, but rather as a structural safeguard that protects autonomy and …
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Caste Formalism: The Law And Politics Of Equality In India, Madhav Khosla, Pratap Bhanu Mehta
Faculty Scholarship
In modern constitutional democracies, achieving equality has long been a challenge. In recent years, theorists have focused on understanding the meaning of discrimination and determining when and how discrimination becomes problematic. One critical issue that has long animated discussions on both the general guarantee of equality and the specific goals of anti-discrimination law is the relationship between individuals and groups. If a constitutional order aims to take equality seriously, how should it address the experiences of specific groups historically subjected to discrimination? Indeed, questions of equality and discrimination often converge around the issue of affirmative action, sometimes at the expense …
Constitutional Futurisms, Jeremiah Chin
Constitutional Futurisms, Jeremiah Chin
Articles
How do we reckon with the past? The Supreme Court’s recent embrace of originalism as a mode of constitutional analysis relies almost exclusively on a view of history and tradition that would bind us to an understanding of principles and ideals that legitimized the exclusion of minority voices. Cases such as New York State Pistol and Rifle Ass'n v. Bruen use flavors of originalism as a framework to define rights and governmental powers through their historical antecedents, but this broad standard of interpretation is notably absent in the Court’s recent discussions of histories and traditions of racism in the United …
The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin
The Regulations Of Social Meaning In The Digital Platform Era, Peter O'Loughlin
Akron Law Review
The regulation of social meaning has traditionally been subjected to rational choice theory (RCT) perspectives in an age when the internet and technology were in nascent stages of development. Today, social meaning is being regulated in much more subtle but powerful ways by digital platforms who are leveraging behavioral economic (BE) insights to control, dictate, and reshape the social meaning of a variety of social roles, conduct, objects, and events. Whilst this form of social government (or private ordering of society’s social fabric) has obvious and desirable benefits to recalibrating society as a collective and assuaging or reversing the stereotyping …
Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman
Social Capital And Mobility Of Starling Madura Coffee Traders In Jakarta, Yeni Priana, Manneke Budiman
International Review of Humanities Studies
This study aims to generate knowledge about the social capital underlying the resilience of Starling Madura coffee traders in Jakarta. The idea that underlies this analysis is Bourdieu's social capital theory, in which social capital formed through networks is able to provide independence in overcoming social and economic problems. In addition to social capital, mobility strategies are utilized as opportunities by Starling Madura coffee traders in an effort to survive sustainably in the context of the informal economic order in Jakarta. This study provides data and analysis that strengthen the idea that Starling Madura coffee traders adopt distinctive social capital …
Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok
Indian Cosmology And Archaeoastronomy Of The Khmer Stone Temples In Sakon Nakhon-Thailand, Duangden Boonpok
International Review of Humanities Studies
This article is multidisciplinary study of cosmology, archaeology and astronomy of the Khmer stone temples in Sakon Nakhon. The study investigates of the temple’s architectural structure and environmental geography which related to the astronomical knowledge. The result of study found that the plan and structure of temples is influenced by the concept of Indian cosmology which has Mount Meru as the central axis. Buildings is signified as mountain or heaven with high and multi-layered base. The main building is symbolically important as the origin of power for the whole temple. The objects and positions are the transforming of cosmology concept …
Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi
Representation Of Women’S Role In Sumbanese Ikat Weaving (Tenun Ikat), Tasya Widya Krisnadi
International Review of Humanities Studies
The craft of weaving is not merely an economic or artistic activity, but also plays a central role in the identity and social life of the Sumba community, particularly in the Kodi District of Southwest Sumba Regency. Women in Sumba play a crucial role in the practice of tenun ikat. They are not only the custodians of the skills and technical knowledge of weaving, but also the bearers of cultural values embedded in the process. This research aims to reveal the role of Sumbanese women as preservers of tradition amidst the currents of modernization. This study employs qualitative methods with …
The Representation Of Indonesian National Identity In Syuhada Mosque, Kotabaru, Yogyakarta, Muthia Zahri Mardhiyah, Ali Akbar
The Representation Of Indonesian National Identity In Syuhada Mosque, Kotabaru, Yogyakarta, Muthia Zahri Mardhiyah, Ali Akbar
International Review of Humanities Studies
This article examines the concept of national identity as embodied by the Syuhada Mosque, located in Kotabaru, Yogyakarta. Completed in 1952, the mosque was established as a monument to the independence of the Republic of Indonesia. This research addresses whether Syuhada Mosque genuinely represents national identity. The study aims to describe the architectural form of Syuhada Mosque and elucidate the representations of national identity embedded within its structure. The research methodology aligns with the framework proposed by Sharer and Ashmore, encompassing formulation, implementation, data collection, data processing, analysis, interpretation, and publication. Based on its historical background, the foundational ideas and …
The Influence Of The Dutch East Indies Government’S Ethnic Politics On Discrimination Against The Chinese Ethnic Group In Batavia (1946–1950), Zaky Rizqy Zaidaan Fadrin, Fajar Muhammad Muhammad Nugraha
The Influence Of The Dutch East Indies Government’S Ethnic Politics On Discrimination Against The Chinese Ethnic Group In Batavia (1946–1950), Zaky Rizqy Zaidaan Fadrin, Fajar Muhammad Muhammad Nugraha
International Review of Humanities Studies
This study explains how discrimination was experienced by ethnic Chinese in Batavia in the early post-independence period in 1946–1950, with an emphasis on the influence of ethnic politics practiced by the Dutch East Indies colonial government. The purpose of this study is to analyze the pattern of discrimination against ethnic Chinese influenced by the legacy of colonial racial segregation. The method used is qualitative historical descriptive. The main sources of this study come from letters of complaint from the Chinese community in 1946–1949 in the National Archives of the Republic of Indonesia (ANRI) and newspaper articles from 1950 from De …
The Comparison Of Classical Tafsir And Contemporary Interpretation Regarding The Verses Of Astrophysics And Cosmology In The Qur’An, Azra Ansharullah, Basuni Imamuddin
The Comparison Of Classical Tafsir And Contemporary Interpretation Regarding The Verses Of Astrophysics And Cosmology In The Qur’An, Azra Ansharullah, Basuni Imamuddin
International Review of Humanities Studies
As time progressed, various kinds of discoveries in the field of science emerged one by one, especially in the field of Astronomy and its "little brother" Astrophysics. This opens up opportunities for everyone to research things that have been researched from a new perspective, such as researching the Koran from a science and technology perspective. There are 310 instances in the Qur'an where the word "heaven" is mentioned, and within them, there are various statements regarding the nature, phenomena, and other things related to the sky. With the progress of technology, there is undoubtedly a gap in the interpretation and …
The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote
The British Colonial Land Policy And The Development Of Plantation Agriculture In Colonial Southwestern Nigeria, Adesola S. Adesote
International Review of Humanities Studies
The main thrust of this paper is to critically analyse the impact of the colonial land policy of the British on plantation agriculture in colonial Southwestern Nigeria. Although land legislation had been introduced as far back as the late 19th century, such as the Public Lands Ordinance of 1876 later renamed the Public Lands Acquisition Ordinance of 1917, it was vigorously pursued with the imposition of colonial rule in the period between 1900 and 1960. It argued that the introduction of land policy by the British in order to achieve her economic objective in Nigeria led to the commercialisation …
Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko
Symbols And Power Discourses In Three Shadow Puppet Performances Of The Murwakala Play, Ayuk Latifah, Darmoko Darmoko
International Review of Humanities Studies
This study analyzes the symbols and discourses of power in three Purwa shadow puppet performances of the Murwakala play, styles of Surakarta, Yogyakarta, and Banyumas. The Murwakala play, centered on themes of purification and the transformation of power, contains a rich narrative for analyzing power dynamics through the interactions between characters such as Batara Kala (a form of destructive power), Batara Wisnu (a form of constructive power), and Batara Guru (a form of cosmic order). Using a qualitative approach, this research integrates Geertz's theory of cultural symbolism and Foucault's discourse of power to analyze how power is represented and negotiated …
Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims
Soft Power: Brics Cultural Diplomacy And The Rebalancing Of Global Narratives, Brice Tseen Fu Lee, Kotchaphop Kornphetcharat, Juan Pablo Sims
International Review of Humanities Studies
BRICS has broadened its agenda beyond finance to cultivate soft power through coordinated cultural diplomacy. Examining official statements, press releases, and scholarly commentary on the bloc’s flagship film, sports, and ministerial initiatives, this article shows that cooperation is advancing from one-off spectacles toward structured, recurring institutions. Findings indicate two simultaneous dynamics: outwardly, BRICS venues amplify Global-South perspectives that diversify international cultural flows; inwardly, member states use the same platforms to signal national prestige, revealing persistent status competition. The result is an early but uneven cultural architecture—one that counters Euro-Atlantic narrative dominance yet has not crystallized into a fully coherent BRICS …
Constitutionalizing Traveling Feminisms In Kenya, Nkatha Kabira
Constitutionalizing Traveling Feminisms In Kenya, Nkatha Kabira
Cornell International Law Journal
This Article uses selected provisions of the Constitution of Kenya 2010 to argue that although elaborate legal and institutional frameworks for promoting women’s empowerment have been adopted in Kenya’s legal framework, implementation of these provisions remains a challenge. Why is the law in the books so different from the law in action? This is the question this Article seeks to address. By mapping out how feminist ideas travel through collective action, colonial encounters, local, regional and world conferences, legislation, and other means, the Article demonstrates that the reason why implementation remains a challenge is that these ideas are often in …
Representing Vietnam’S Political Leadership In International Media: A Critical Discourse Analysis Of Coverage From 2018 To 2024, Jackson Andre William Kumaat
Representing Vietnam’S Political Leadership In International Media: A Critical Discourse Analysis Of Coverage From 2018 To 2024, Jackson Andre William Kumaat
International Review of Humanities Studies
International media play a powerful role in shaping global perceptions of political legitimacy, particularly in states where authoritarian governance coexists with economic success. Vietnam—often described as a one-party socialist state with rapid economic growth—has attracted increased attention in international news coverage, yet little research has examined how its leadership is discursively constructed through media narratives. This study addresses that gap by analyzing how Vietnam’s political leadership was represented in international media from 2018 to 2024. Using Norman Fairclough’s Critical Discourse Analysis (CDA) and Stuart Hall’s theory of representation, the research investigates how ideology, power, and meaning are embedded in news …
The 15-Minute City And Social Behavior Changes In The Tod Area: Blok M-Sisingamangaraja Tod Case Study, Dede Julfikar, Lin Yola
The 15-Minute City And Social Behavior Changes In The Tod Area: Blok M-Sisingamangaraja Tod Case Study, Dede Julfikar, Lin Yola
International Review of Humanities Studies
The changing process of the city can be due to economic development that results in urbanization then enlarges the city. This situation affects the growth and evolution of other activities in urban areas such as the emergence of new residential areas, industrial zones, and trade and service (commercial) areas. The government of DKI Jakarta is targetting to develop many public transportation infrastructure due to its target of 2040 70% of Jakarta residents live near by transit points. So that the distance of residential residents to urban facilities can be reached within 15 minutes of walking, cycling or using public transportation. …
The Establishment Of Jakarta International Schoolin Indonesia As A Reflection Of Globalisation Through Education, Brandon Cahyadhuha Rusdy, Linda Sunarti
The Establishment Of Jakarta International Schoolin Indonesia As A Reflection Of Globalisation Through Education, Brandon Cahyadhuha Rusdy, Linda Sunarti
International Review of Humanities Studies
"This article examines the establishment of Jakarta International School (JIS) within the context of the globalisation of Indonesia. Established in 1951 under the name International School of Djakarta by Antoinette Stepanek, an educator from the United States, it was the first school to provide an English-language education for the children of expatriates in Jakarta, Indonesia. The school underwent several name changes throughout its history. In 1965, the school was renamed to Joint Embassy School to reflect the support from a coalition of embassies, consisting of the United States, United Kingdom, Australia and Yugoslavia. In 1978, the school was renamed again …
The Middle Class, The Youth, The Highways: Production Of Space And Urban Memory In Blok M, Jakarta, Bimana Novantara, Yudi Bachrioktora, Lilawati Kurnia
The Middle Class, The Youth, The Highways: Production Of Space And Urban Memory In Blok M, Jakarta, Bimana Novantara, Yudi Bachrioktora, Lilawati Kurnia
International Review of Humanities Studies
This paper examines the historical and contemporary dynamics of the Blok M area in Jakarta as a public space undergoing a process of spatial, cultural, and symbolic transformation. Using Henri Lefebvre’s theory of the production of space and then relating it to the discourse of urban memory according to Abidin Kusno, this study traces how Blok M developed from the modernist urban planning of Kebayoran Baru after independence to be the epicenter of youth festivity, then declined until it rose again through a place that utilized the memory of this area in the past. This study highlights how the politics …
Advertising Appeals Through Instagram Caption Code Switching, Irma Aulia Irawan, Myrna Laksman-Huntley
Advertising Appeals Through Instagram Caption Code Switching, Irma Aulia Irawan, Myrna Laksman-Huntley
International Review of Humanities Studies
The COVID-19 disease required everyone to go into lockdown. All activities and communications were carried out through mobile devices, driving online content consumption to double. The Instagram app, which is part of social media, increased its visits by 43 percent during the lockdown of the COVID-19 pandemic. As users turn to social media, influencers are emerging as figures in shaping online interactions and trends. One of the popular French influencers is Léna Mahfouf (@lenamahfouf). As a global fashion influencer, Mahfouf often uses English transitions in her captions. This qualitative research will identify the types of code-switching found with Poplack's theory …
Language Of Love: Kafka’S Affective Meaning In Briefe An Milena, Kafka Aisyah Triny, Julia Wulandari
Language Of Love: Kafka’S Affective Meaning In Briefe An Milena, Kafka Aisyah Triny, Julia Wulandari
International Review of Humanities Studies
Franz Kafka is known for his twisted literature filled with dark atmosphere and word choices, however when it comes to writing letters to his muse, Milena, he uses words unknown to him. He expresses his barest soul to her using word choices that indicate someone who is amazed. For a person like Kafka, love is not all about complementing word choices and emotions, seen by his internal battles with himself and uncertainty regarding the topic of love. This research will use Geoffrey Leech’s semantic framework along with Monica Schwarz and Jeannette Chur’s Wortfeld theory. The study aims to examine Kafka’s …