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The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks Jun 2003

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

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The New Leviathan, Dennis Patterson May 2003

The New Leviathan, Dennis Patterson

Michigan Law Review

Reputation in any field is an elusive phenomenon: part notoriety, part honor, part fame, part critical assessment. Even in legal scholarship it has an uneven, unpredictable quality. It is hard to imagine a book by a law professor that has had more immediate impact on world leaders than Philip Bobbitt's The Shield of Achilles. Much of the national-security strategy devised by the U.S. administration after the September 11 attacks expresses ideas Bobbitt conceived long before; and from a different point on the political spectrum is the Archbishop of Canterbury, whose televised nationwide address in January explicitly took the book as …

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Justices At Home: Three Supreme Court Memoirs, Laura Krugman Ray May 2003

Justices At Home: Three Supreme Court Memoirs, Laura Krugman Ray

Michigan Law Review

The Supreme Court, once an austere and remote institution, is increasingly the focus of popular attention. The Justices are profiled in the New York Times Magazine and the New Yorker, photographed with family members for mass-market books, and - on the evening the Court decided Bush v. Gore - televised leaving the courthouse parking garage. In the spring 2002 television season, two hour-long programs were set in the Supreme Court; both were briskly cancelled, but during their brief runs they featured Justices as heroic figures played by prominent actors. When a former law clerk recently published his account of internecine …

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Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

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Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt Jan 2003

Yahoo! Cyber-Collision Of Cultures: Who Regulates?, Horatia Muir Watt

Michigan Journal of International Law

This Article furthers this comparison of cyberconflicts and the real world, attempting to ascertain what lessons, if any, can be drawn from it. Part I of the Article explores the interests at stake in cyberconflicts and the relationship between technology and the law. Part II uses the French Yahoo! court's decision to show that real-world conceptions of prescriptive jurisdiction retain their legitimacy in cyberspace. Finally, Part III notes that the prospect of near perfect compliance offered by Internet technology provides the opportunity to engineer mature, well-calibrated solutions to international regulatory conflicts, which might then even serve as a model in …

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Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton Jan 2003

Land And Liberation: Lessons For The Creation Of Effective Land Reform Policy In South Africa, Hasani Claxton

Michigan Journal of Race and Law

Based upon the premise that land reform is essential to creating socio-economic equality, easing racial tensions and stemming the tide of violence in South Africa, this note will provide suggestions for effective land reform policy. To accomplish this, this Note will examine the paths taken by several other transitional African governments in land reform policy. It will attempt to extract practical lessons from their experiences and apply them towards the development of effective land redistribution policy in South Africa. Part I of this note will provide a historical overview of colonialism and land law in Africa. Part II will examine …

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Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe Jan 2003

Obligations Impaired: Justice Jonathan Jasper Wright And The Failure Of Reconstruction In South Carolina, Caleb A. Jaffe

Michigan Journal of Race and Law

Part I of this article, on the historiography of South Carolina Reconstruction, explains the difficulty scholars have had in uncovering the documentary history of Reconstruction, and outlines the development of historical interpretations of Reconstruction from the Nineteenth century Redeemer-era accounts to the revisionists of the 1970's. Part II provides brief biographies of both Justice Wright and William James Whipper. Parts III and IV track the different approaches of Whipper and Wright on two vital issues of their day: (1) whether to repudiate all private debts relating to slavery; and (2) how to construct a homestead law to protect cash-poor landowners. …

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Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez Jan 2003

Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez

Michigan Journal of International Law

Review of Globalization and Its Discontents by Joseph E. Stiglitz

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Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short Jan 2003

Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short

Michigan Journal of Race and Law

This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …

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In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar Jan 2003

In Defense Of The Search And Seizure Exclusionary Rule (Law And Truth - The Twenty-First Annual National Student Federalist Society Symposium On Law And Public Policy - 2002), Yale Kamisar

Articles

think Dean Pye's advice about casebook writing was sound,6 and what he had to say also applies to discussions and debates about such issues as the search and seizure exclusionary rule. We cannot (at least we should not) begin with Mapp v. Ohio. We need a prelude.

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A Little Rebellion Now And Then Is A Good Thing, James Forman Jr. May 2002

A Little Rebellion Now And Then Is A Good Thing, James Forman Jr.

Michigan Law Review

What do George Washington and Eldridge Cleaver have in common? Or John Brown and Mahatma Gandhi? The Stern Gang and the Palestine Liberation Organization? Jefferson Davis and Eugene Debs? In Rebels with a Cause: The Minds and Morality of Political Offenders, Nicholas Kittrie says they are all political offenders - men and women who, "professing loyalty to a divine or higher law, to the call of individual conscience, or to the imperatives of some perceived public good, have challenged the legitimacy and authority of the institutions of their governments" (p. 6). Kittrie sets out to study the whole lot: "Civil …

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Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust Jan 2002

Antiterrorism Military Commissions: The Ad Hoc Dod Rules Of Procedure, Jordan J. Paust

Michigan Journal of International Law

While the article Antiterrorism Military Commissions: Courting Illegality was set for publication, the Department of Defense formally issued its first set of Procedures for Trials by Military Commission of Certain Non-United States Citizens in the War Against Terrorism. The President's November 13th Military Order had set up several per se violations of international law. Instead of attempting to avoid them, the DOD Order of March 21, 2002 continued the violations, set up additional violations of international law, and created various rules of procedure and evidence that, if not per se violative of international law, are highly problematic. This is a …

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The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth Jan 2002

The Cedaw As A Collective Approach To Women's Rights, Brad R. Roth

Michigan Journal of International Law

This Article will identify the individualist paradigm with the main current of contemporary liberal-individualist political thought, and more specifically with the approach to women's rights reflected in the International Covenant on Civil and Political Rights (ICCPR), which can be read most straightforwardly as reflecting a liberal-individualist conception of how the individual, society, and the State interrelate. This approach, dominant in the international human rights system as well as in the legal systems of some of the most influential States, can usefully be identified as that of the political Center.

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(Dis)Embedded Women, Rhoda E. Howard-Hassmann Jan 2002

(Dis)Embedded Women, Rhoda E. Howard-Hassmann

Michigan Journal of International Law

The position argued in this Article is that women's rights are individual rights. To explain this position, the Article will progress along the following arguments: 1) The dichotomy between Western individualism and non-Western collectivism is false. 2) Much of the debate regarding the role of women and women's rights confuses interest and identity. 3) Women do not necessarily constitute a social group. 4) "Women's" rights are actually universal human rights: they pertain mostly to women, but also to men. 5) The debate about whether women are a social group is rooted in part in differing conceptions of women's embeddedness in …

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Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers Jan 2002

Fit And Functional In Legal Ethics: Developing A Code Of Conduct For International Arbitration, Catherine A. Rogers

Michigan Journal of International Law

In this Article, the author develops a methodology for prescribing the normative content of a code of ethics for international arbitration, and in a forthcoming companion article, integrated mechanisms for making those norms both binding and enforceable are proposed. In making these proposals, the author rejects the classical conception of legal ethics as a purely deontological product derived from first principles. This Article argues, instead, that ethics derive from the inter-relational functional role of advocates in an adjudicatory system, and that ethical regulation must correlate with the structural operations of the system. The fit between ethics and function, the author …

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Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson Jan 2002

Persecution In The Fog Of War: The House Of Lords' Decision In Adan, Michael Kagan, William P. Johnson

Michigan Journal of International Law

In this Article, we argue that the House of Lords' reasoning in Adan was seriously flawed. The House of Lords correctly recognized that evidence that minorities face a heightened risk of being persecuted can be sufficient to show a nexus to a Convention ground. Yet it erred when it went on to hold that only differentially at-risk individuals or groups can benefit from refugee status. If a person's risk of being persecuted is causally linked to his or her race, religion, nationality, membership of a particular social group, or political opinion, the nexus requirement is satisfied irrespective of whether the …

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Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman Jan 2002

Those Who Remember The Past May Not Be Condemned To Repeat It, Stephan Landsman

Michigan Law Review

In The Hague, Slobodan Milosevic is on trial for crimes committed in Bosnia, Kosovo and Croatia; in Arusha, Tanzania, Jean Paul Akayasu, a Rwandan bourgmestre, was convicted of genocide; in London, Augusto Pinochet was detained and adjudged amenable to an arrest warrant issued by a Spanish magistrate for acts of torture carried out in Chile; in Belgium, a Hutu Roman Catholic former mother superior was convicted of complicity in the Rwandan genocide; and in Rome a treaty was signed commencing the process that will result in the creation of the International Criminal Court ("ICC"). All these events underscore the startling …

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What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White Jan 2002

What's Wrong With Our Talk About Race? On History, Particularity, And Affirmative Action, James Boyd White

Michigan Law Review

One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy - who tragically died not long after his graduation - the Symposium not only brought an important topic to the forefront of legal thinking, it did so in an extraordinarily interesting way. For this was not a mere collection of papers; the authors met in small editorial groups to discuss their work in detail, and as a result the whole project has a remarkable coherence and …

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Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School Sep 2001

Vol. 52, No. 1, September 18, 2001, University Of Michigan Law School

Res Gestae

•'Til Tuesday •Human Spirit •In the Wake of the News •Apocalypse When •Never the Same Again •The Case for Rage and Retribution •Video Crop Anemic •The Insider •Crossword

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"An Eye Single For Righteousness", Mark Sidel May 2001

"An Eye Single For Righteousness", Mark Sidel

Michigan Law Review

In an era in which American internationalism has once again met American empire on the field of law and politics, Henry Wallace's life and work are instructive. Wallace, one of the great internationalists of his era, was Secretary of Agriculture, Secretary of Commerce, Vice President under Franklin D. Roosevelt, the 1948 presidential nominee of the Progressive Party, and founder of Pioneer Hy-Bred, for decades the world's dominant hybrid seed company (pp. 82, 90). John Culver and John Hyde's new biography of Wallace brings this life before a newer generation of Americans concerned with America's place in the law and political …

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Vol. 51, No. 10, April 1, 2001, University Of Michigan Law School Apr 2001

Vol. 51, No. 10, April 1, 2001, University Of Michigan Law School

Res Gestae

•Ave Maria Signs Lehman •Grades Shock Students •Basking in the Blue Glow •Rick's Under New Management •The Outsider •New Clinic Course Announced •Impress Your Friends

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Rescue And The War Story, William Ian Miller Apr 2001

Rescue And The War Story, William Ian Miller

Law Quadrangle (formerly Law Quad Notes)

It is precisely in the domain of rescue that twentieth-century battle has made its peculiar addition to the styles of the heroic. Our war stories often become rescue stories even when they start out as efforts in the old genre, sonletirnes it seems, in spite of themselves.

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Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust Jan 2001

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …

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Rescue And The War Story, William I. Miller Jan 2001

Rescue And The War Story, William I. Miller

Articles

It is precisely in the domain of rescue that twentieth-century battle has made its peculiar addition to the styles of the heroic.

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The Second Amendment: Structure, History, And Constitutional Change, David Yassky Dec 2000

The Second Amendment: Structure, History, And Constitutional Change, David Yassky

Michigan Law Review

A fierce debate about the Second Amendment has been percolating in academia for two decades, and has now bubbled through to the courts. The question at the heart of this debate is whether the Amendment restricts the government's ability to regulate the private possession of firearms. Since at least 1939 - when the Supreme Court decided United States v. Miller, its only decision squarely addressing the scope of the right to "keep and bear Arms" - the answer to that question has been an unqualified "no." Courts have brushed aside Second Amendment challenges to gun control legislation, reading the Amendment …

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Vol. 51, No. 5, November 7, 2000, University Of Michigan Law School Nov 2000

Vol. 51, No. 5, November 7, 2000, University Of Michigan Law School

Res Gestae

•The Insider •Shout Out to My Holmes •Letter: RG Lacks Sensitivity, Embarrassment to Law Community •Letter: Smackin' the Ho, Yingtao Knows Nothing About Football •Your Guide to the 2000 National Election •Election Year Photo Phunnies •For What It's Worth... •Thanksgiving Under the Federal Rules •Compacted Disc Reviews

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Casting Light On Cultural Property, John J. Costonis May 2000

Casting Light On Cultural Property, John J. Costonis

Michigan Law Review

Theorists of private property invite comparison to theorists of light. For centuries, the latter have debated whether light is best understood as a wave or as a photon. The rivalry has been intense because each hypothesis explains some characteristics of light very well, but others very poorly. Wave theory outstrips photon theory in explaining such phenomena as light's frequencies and diffraction patterns. But photon theory, which reduces light to a succession of particles, more effectively explains such subatomic phenomena as changes in an atom's orbital shell produced by the interaction of photons and electrons. Property theorists too can be viewed …

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Zen And The Art Of Jursiprudence, Matthew K. Roskoski May 2000

Zen And The Art Of Jursiprudence, Matthew K. Roskoski

Michigan Law Review

Lawyer bashing is by no means a remarkable phenomenon. It was not remarkable when Shakespeare wrote, "[t]he first thing we do, let's kill all the lawyers," and it's not remarkable today. Paul Campos, however, has written a particularly readable example, blending venerable Western lawyer-bashing and pop psychology with unsystematic invocations of Eastern religion. Jurismania is named after Campos's theory that the American legal system has a lot in common with a person suffering from an obsessive-compulsive disorder, an addiction to law that does neither the patient nor those around him much good. In Jurismania, Campos criticizes our insistence on regulating …

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Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School Mar 2000

Vol. 50, No. 11, March 28, 2000, University Of Michigan Law School

Res Gestae

•Blood Will Flow Thursday •LSSS Ballot Box Opens Next Week •South Africa II •Interview •Grade Curve •Movie Reviews •The Final Darrow

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New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy Jan 2000

New Era, New Threats: Wrestling With Interstitial Actors, Joshua A. Levy

Michigan Journal of International Law

Hopefully, the symposium will spark meaningful action toward creating such desperately needed solutions in the intersecting fields of law and national security policy as well as the study of international security law in law schools world-wide. Without such education, continued dialogue, and action, we mark the beginning of the end. With them, however, this world may continue on its road toward becoming a collection of secure democracies, held fast by the rule of law.

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