Digital Commons Network^™

Border Fascism And The Fascistization Of Society, Nicholas P. De Genova

Emancipations: A Journal of Critical Social Analysis

The massive destruction and social dislocation wrought by capitalist crisis has culminated, historically, in the brutal cataclysms of fascism and other forms of authoritarian rule. Today, across the globe, we are confronted with the aggressive advance and entrenchment of a variety of such authoritarian political projects. Anxious discourses about ascendant fascism have become perfectly mainstream. These developments command our acute attention and critical analysis. This essay addresses these dire questions and the conceptual vexations surrounding the concept of fascism, particularly as it has been elaborated in various Marxist analyses.  Specifically, much of the debate around fascism as an analytical category …

From Humanitarian Aid To “Counterrevolution”: Foreign Assistance To Pentecostals In Soviet Ukraine And Its Criminalization By The Gpu–Nkvd, 1932–1935, Oleksandr Korotaiev

Occasional Papers on Religion in Eastern Europe

The article examines foreign assistance to Pentecostal communities in the Ukrainian SSR and the mechanisms of its criminalization by Soviet state security agencies in 1932–1935. Drawing on GPU–NKVD criminal investigation files, secret police reports, party-state documentation, personal correspondence, and memoir sources, the study reconstructs transnational channels of humanitarian support, practices of resource distribution, and the transformation of survival strategies into objects of political repression.

Particular attention is devoted to two distinct models of foreign assistance. The Odessa case demonstrates a centralized system connected to the former leadership of the All-Ukrainian Union of Christians of Evangelical Faith and transnational Pentecostal networks …

Constructing Geisha Representation: Textual Analysis Of Memoirs Of A Geisha On Social Media X, Khadijah Hamumpuni Setyawan, Rouli Esther Pasaribu

International Review of Humanities Studies

Geisha are professional entertainers who have mastered Japanese traditional arts and often appear in various media covering Japanese culture. However, there are frequent misunderstandings about geisha outside Japan. The release of the Japanese-produced film Shogun has sparked discussions about older films from the west that are set in Japan, such as Memoirs of a Geisha. This study aims to analyze the representation of geisha in Memoirs of a Geisha (2005) and how that representation is constructed and reinterpreted by Japanese and Western audiences through the social media platform X. Using textual analysis, this study examines the movie as a cultural …

Colonial To Neoliberal Governmentality In Monument Governance: Shifting Positionalities Of The Monument Adjacent Communities In India, Ujal Kumar Mookherjee, Shreyasi Bhattacharya

Socio-Legal Review

Organised monument governance in India began during the colonial rule. The colonial governance enterprise was bureaucratic and worked through stringent laws which often came down heavily on the monument-adjacent communities. The totalising nature of Indian colonial governmentality fractured the local community, disabling their engagement with the State either as civil society, as individuals or as social groups, while on the other hand enabling such engagement through a “community” constructed on religious lines. Colonial continuities in monument governance meant that a roughly similar position continued in the post-colony. On the international plane, however, there has been a discursive shift in valorisation …

The History Of The Constitution Is Our Future., Maggie Blackhawk

Michigan Law Review

The Constitution of the United States establishes a government; it also stands as the fundamental law of a people. It shapes daily life, distributes power, and sets a direction for the future. And yet when we ask about the reach and meaning of the Constitution, we are increasingly told to look backward. The answers to our future are said to lie in the past.

Concentration And Coordination: Antitrust Perspectives On Single-Family Rentals, Margaret Traubert

University of Cincinnati Law Review

No abstract provided.

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Summer 2026 issue of Parameters, which consists of two In Focus special commentaries, three forums (Indo-Pacific, Strategy, and Historical Studies) and the Strategic Competition Corner.

Turning Tactical Victories Into Strategic Success: Counterinsurgency In The Irish Civil War, 1922–23, Gareth Prendergast, John A. Nagl

The US Army War College Quarterly: Parameters

The fundamentals the Irish National Army used in the Irish Civil War (1922–23) are a model for the successful application of a classic counterinsurgency which, if understood earlier, could have made a difference in the United States’ most recent wars in Iraq and Afghanistan. The Irish Civil War has not been examined in-depth through the lens of modern counterinsurgency doctrine. This article draws on military history and recent counterinsurgency doctrines to provide US policymakers and military practitioners practical guidance for how counterinsurgent forces can foster trust and use appropriate tactics that lead to strategic success.

Parameters, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

A New Security Framework For Nato’S Eastern Flank, Matthew J. Kukla, Anna Batta

The US Army War College Quarterly: Parameters

This article argues for a NATO-EU–led security strategy to achieve long-term deterrence in Ukraine after the end of the Russia-Ukraine War. Unlike existing analyses, this article straddles the strategic level of deterrence, outlining an operational road map. Its historical example of the Iraq War shows that long-term security requires the development of plans before a conflict ends, long-term commitments, and multilateral—not unilateral—security efforts. The proposed solution provides strategic planners and policymakers with a low-risk, high-reward approach that leverages burden sharing through a multinational framework.

Resilience In Place Names: German-Hehe War Memories And Cultural Identity In Iringa Toponyms, Claudio G. Kisake, Sophilini M. Yisega, Spemba E. Spemba

Journal of Humanities and Social Sciences

Toponyms, or place names, act as vital markers of historical memory, cultural identity and resilience. In Iringa, Tanzania, toponymy offers valuable insights into the enduring impacts associated with the German-Hehe War (1890–1898), and colonial encounters on indigenous communities. This study explores how place names—such as Kitanzini (‘a place with a noose for hanging people’), Ilundamatwe or Lundamatwe (‘a collection of slaughtered heads’), and Gangilonga (‘the speaking stone’)—convey narratives of Hehe war superiority, resistance, and survival. Using a qualitative approach, the research incorporates archival sources, oral histories, and linguistic analysis to investigate the stories behind naming and renaming, the role of …

Historical Facts And Constitutional Law: New Challenges For Lawyers, Judges, And Scholars, Joseph Blocher, Brandon L. Garrett, H. Timothy Lovelace Jr.

Duke Law Journal

No abstract provided.

Legal Pluralism And The Reception Of Trial By Jury In The Republic Of Georgia, Anna Dolidze, Valerie P. Hans

International Law Journal

This Article explores the historical, political, and socio-legal dimensions of the introduction and evolution of jury trials in the Republic of Georgia, framed through the dual lenses of legal pluralism and legal transplantation. It examines Georgia’s historical practices of peer judgment, its adoption of jury trials in the early 20th century, the abolition of jury trials under Soviet rule, and their revival after constitutional reforms in 2004. The study incorporates insights from legal pluralism theory, which emphasizes the influence of indigenous legal traditions and the dynamic interplay of official and unofficial laws. The Article describes the significant role of U.S. …

How Many Supreme Court Justices Can Stand On The Point Of A Needle? Originalist Scholarship, Political Neutrality, And Other Constitutional Nonsense, Stephen M. Feldman

Washington and Lee Journal of Civil Rights and Social Justice

In the 1935 article, "Transcendental Nonsense and the Functional Approach," Felix Cohen compared formalist legal reasoning, as practiced by traditional legal scholars and Lochner-era Supreme Court justices, to the philosophical musings of scholastic theologians. Unconnected to empirical reality, formalist legal reasoning was as nonsensical as a disquisition on “‘[h]ow many angels can stand on the point of a needle?’” Nowadays, originalist scholars are similarly engaged in nonsense. These scholars defend, refine, and practice originalist methods of constitutional interpretation as if the Supreme Court justices truly decided cases in accordance with the theory. Regardless, the justices—even the avowed originalists—do not consistently …

Legal Method And Political Time, Odette Lienau, Aziz Rana

Law and Contemporary Problems

No abstract provided.

Romanist-Bourgeois Property And The Development Of The Modern Capitalist World System, Anna Di Robilant

Texas A&M Journal of Property Law

This article examines the role of Romanist-bourgeois property law in the development of the modern capitalist world system, focusing on how nineteenth-century jurists deliberately crafted and adapted Roman law-based property doctrines to address the evolving social relations of production in both Europe and its peripheries. Rather than viewing legal concepts as merely reflective of broader economic transformations, the author highlights the active role played by a professional class of jurists in shaping property law to legitimize and structure emergent capitalist class dynamics. The article critically engages with competing scholarly perspectives that either privilege market expansion or downplay class relations, arguing …

From The Editor In Chief, C. Anthony Pfaff

The US Army War College Quarterly: Parameters

Welcome to the Spring 2026 issue of Parameters, which consists of an In Focus special commentary, three forums (Clausewitz and Modern Warfare, Operational Considerations, and Historical Studies), and the Strategic Competition Corner.

Parameters Spring 2026, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.

Spezialpropaganda: The East German Military’S Covert Information-Warfare Program, Joe Cheravitch

The US Army War College Quarterly: Parameters

This article details the East German military’s extensive, innovative covert-propaganda program, which was designed to influence West German attitudes for almost two decades during the Cold War. Unlike existing scholarship that primarily addresses intelligence-led disinformation, this study exclusively analyzes military-led information warfare. The article uses previously classified East German military records to examine capabilities and tactics ranging from fake conscription notices to radio broadcasts. The findings offer contemporary US military planners and practitioners insight into the complexities of integrating information-warfare capabilities, measuring the effectiveness of propaganda, and understanding adversarial influence campaigns, with direct implications for current Joint Force planning and …

The Pro Bono Industrial Complex, Tanina Rostain

Georgetown Law Faculty Publications and Other Works

Recent settlements between corporate law firms and the Trump Administration, consisting of donations totaling nearly $1billion in free representation, have brought law firm pro bono to the fore. Pro bono has been institutionalized in corporate law firms since the turn of the 21^st century. Pro bono evangelists and corporate law firms contend that pro bono increases access to justice and protects individual rights. Scholarship on pro bono has not challenged these claims, focusing instead on managerial and organizational incentives that could increase the number of hours corporate firms devote to pro bono. Given the prominence of corporate law firm …

Courts Of Indian Offenses, Courts Of Indian Resistance, Alexandra Fay

Michigan Law Review

In the late nineteenth century, the Department of the Interior created the Courts of Indian Offenses with the express goal of eliminating elements of Native culture through the coercive power of criminal law. The courts stood on dubious constitutional grounds, were almost universally replaced by tribal courts in the twentieth century, and have been widely derided as crude assimilationist tools.

This Article examines the Courts of Indian Offenses to study how law and legal institutions operate as sites of colonial struggle. The Courts of Indian Offenses were formally created to criminalize Native culture. In practice, they were more complicated. Native …

Levers Of Default: Can The President Unilaterally Alter The Terms Of The National Debt?, Lev E. Breydo, Nathan B. Oman

Faculty Publications

The inviolability of America’s $30 trillion debt is a cornerstone of global markets and the U.S. economy. This Essay identifies a critical loophole: the President’s underappreciated power to dramatically change its legal structure—and argues that Congress should act to prevent a potential catastrophe.

The Essay details, for the first time in the literature, the arcane legal architecture underpinning America’s sovereign borrowings. Our analysis finds that although the President lacks authority to change the terms of outstanding debt retroactively, the President can accomplish similar goals by issuing new debt instruments that embed unprecedented powers. In surprisingly short order, a determined Executive …

Courts Of Indian Offenses, Courts Of Indian Resistance, Alexandra Fay

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Bibliography On Indigenous Rights In Canada, 1995-2025, Leslie Haddock, Kent Mcneil

All Papers

No abstract provided.

English Only: The Increasing Problem Of National Origin Discrimination In Federally Funded Clinical Research, Sarah Reckess

Health Matrix: The Journal of Law-Medicine

Title VI of the U.S. Civil Rights Act prohibits institutions receiving federal financial assistance from discriminating based on race, color, or national origin. The term “national origin” includes people with limited English proficiency (“LEP”). The number of LEP residents has increased in the United States to over 10% of the residents in the most populous states (Texas, California, New York, Florida, and Nevada). Executive Order 13166, issued in 2000, requires all federal agencies to comply with Title VI by establishing guidelines that remove language barriers to federal programs, services, benefits, and activities. Additionally, it allows federal agencies to withhold funding …

Coerced Corporate Consent, Jason J. Jarvis

Emory Law Journal

Corporations are not human beings, but they have rights, including the constitutional right of due process. The United States Supreme Court recently held in Mallory v. Norfolk Southern Railway Co. that due process is satisfied when a state requires that a corporation consent to personal jurisdiction before it can conduct business in that state. The Court did not analyze, however, whether such business registration statutes can be coercive and, if so, when. These unanswered questions expose corporations to previously unexplored risks.

Involuntary consent is an oxymoron. Consent must be knowing and voluntary, and consent extracted by threat is coerced and …

A Third Possibility: The Press Clause At The Founding, Matthew L. Schafer

Fordham Intellectual Property, Media and Entertainment Law Journal

With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to such influence as they lack a precedential counterweight. While Press Clause jurisprudence is shallow, historical research about the Press Clause is not. For decades, scholars who have considered the Press Clause’s historical meaning have generally concluded that the record is quite vague, and, for that reason, cautioned against absolutist conclusions as to its original understanding. …

A Third Possibility: The Press Clause At The Founding, Matthew L. Schafer

Fordham Intellectual Property, Media and Entertainment Law Journal

With the rise of history and tradition at the Supreme Court, scholarship purporting to define historical fact is likely to have outsized influence on the development of constitutional law. Underdeveloped constitutional rights like the First Amendment’s Press Clause are especially susceptible to such influence as they lack a precedential counterweight. While Press Clause jurisprudence is shallow, historical research about the Press Clause is not. For decades, scholars who have considered the Press Clause’s historical meaning have generally concluded that the record is quite vague, and, for that reason, cautioned against absolutist conclusions as to its original understanding. More recently, though, …

The Intertemporal Law Doctrine’S Application To The Acquisition Of Colonies In The Americas, Kent Mcneil

All Papers

The intertemporal doctrine provides that international disputes have to be resolved in accordance with the international law that existed at the time the events giving rise to the dispute took place, not at the time the matter is adjudicated.1 It is thought to be impermissible to apply current standards to events that occurred in the past when different legal principles and rules were the norm. This doctrine applies as much to acquisition of colonies as to other international issues.2 So in order to determine whether a European nation acquired sovereignty over an overseas territory, it is necessary to determine and …

The Notion Of Subordination And The Presumption Of Employment Relationship In The Perspective Of Comparative Labour Law, Adalberto Perulli

Comparative Labor Law & Policy Journal

The concept of subordination serves as the key criterion for accessing social protection across civil law systems. Theoretically, subordination corresponds to what common law systems define — through multifactorial tests — as an employment (or service) contract, distinguishing it from self-employment. While this historic dichotomy is widely regarded as unsatisfactory and has long been questioned, the notion of subordination remains central to ensuring that workers receive the protection guaranteed under the labour law systems. Part I will address the problem of subordination as a fundamental legal category of labour law, rooted in contract law. Regardless of the complex legal origins …