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Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

The Internationalism Of Justice Harry Blackmun, Margaret E. Mcguinness

Faculty Publications

(Excerpt)

Throughout the symposium we have heard a host of adjectives to describe Justice Harry Blackmun and his jurisprudence, among them "willful," "liberal," "conservative," and "humble." Added to this list is what Professor Ruger calls "the ultimate compound taxonomy" for Justice Blackmun, a "'White Anglo-Saxon Protestant Republican Rotarian Harvard Man from the Suburbs.'" One adjective that is conspicuously missing is "internationalist," a term that describes an important, though less discussed, dimension of Justice Blackmun and his jurisprudence. Internationalism is, in part, reflected in Justice Blackmun's "preference change" or shift from "relatively conservative to relatively liberal." At the same time, internationalism …

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Sacred Visions Of Law, Robert Tsai

Articles in Law Reviews & Other Academic Journals

Around the time of the Bicentennial Celebration of the U.S. Constitution's framing, Professor Sanford Levinson called upon Americans to renew our constitutional faith. This article answers the call by examining how two legal symbols - Marbury v. Madison and Brown v. Board of Education - have been used by jurists over the years to tend the American community of faith. Blending constitutional theory and the study of religious form, the article argues that the decisions have become increasingly linked in the legal imagination even as they have come to signify very different sacred visions of law. One might think that …