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Full-Text Articles in Law

From The Crisis Of Critique To The Critique Of Crisis, Ben Golder Jan 2021

From The Crisis Of Critique To The Critique Of Crisis, Ben Golder

University of Colorado Law Review

No abstract provided.


Modernity And The Law: A Late Twentieth Century View, Robert P. Burns Jun 2020

Modernity And The Law: A Late Twentieth Century View, Robert P. Burns

Notre Dame Journal of International & Comparative Law

This Article explores Roberto Unger’s understanding of the specific significance that modernity has for law. It provides an account of the distinctions among customary law, bureaucratic law, the modern liberal rule of law ideal, and the unraveling of the rule of law in postliberal societies. It compares his views with those of other major theorists of modernity and with legal theorists. Finally, it discusses his speculations about then future developments and the relationship between central institutional and philosophical issues.


Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell Aug 2016

Book Review. Secession: The Morality Of Political Divorce From Fort Sumter To Lithuania And Quebec By Allen Buchanan, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam Jun 2016

Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam

Georgia Journal of International & Comparative Law

No abstract provided.


On The Poverty, Rise, And Demise Of International Criminal Law, Tiphaine Dickson Mar 2016

On The Poverty, Rise, And Demise Of International Criminal Law, Tiphaine Dickson

Dissertations and Theses

This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant …


The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles Dec 2014

The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles

Annelise Riles

No abstract provided.


Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia Oct 2011

Trade And Justice: Linking The Trade Linkage Debates, Frank J. Garcia

Frank J. Garcia

No abstract provided.


"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway Jan 2011

"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway

Indiana Journal of Global Legal Studies

The circulation and intersection of supranational rights, discourses, and practices with local struggles have contributed to victories, disappointments, and in many instances, new articulations and understandings of rights for local people. In Botswana, the everincreasing interaction of minority groups with international institutions, laws and conventions, nongovernmental groups (NGOs), and the Botswana courts has created a dialectic that continues to reshape vernacular rights discourses. The state has also been a party in this evolving dialectic and has found new means of intervening in the process. The Botswana state prides itself on its liberal practices and has received international acclaim as a …


A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar Jan 2010

A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar

ILSA Journal of International & Comparative Law

This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)


A Behavioral Approach To Human Rights, Andrew K. Woods Jan 2010

A Behavioral Approach To Human Rights, Andrew K. Woods

Law Faculty Scholarly Articles

For the last sixty years, scholars and practitioners of international human rights have paid insufficient attention to the ground level social contexts in which human rights norms are imbued with or deprived of social meaning. During the same time period, social science insights have shown that social conditions can have a significant impact on human behavior. This Article is the first to investigate the far-ranging implications of behavioralism—especially behavioral insights about social influence—for the international human rights regime. It explores design implications for three broad components of the regime: the content, adjudication, and implementation of human rights. In addition, the …


Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury Jan 2009

Empowerment Or Estrangement: Liberal Feminism's Visions Of The “Progress” Of Muslim Women, Cyra Akila Choudhury

Faculty Publications

This paper presents some thoughts on the progress of Muslim women towards gender justice. It argues that Liberal Legal feminism shares a common understanding of history and progress with those Liberal political theories that justified the British Empire. Because of this genealogy, Liberal feminism seeks to reform cultures and societies that do not comport with a particular Liberal teleology that forecloses the expression of alternative ideas of history, progress, and human flourishing. It further argues that Muslim women's organizations that partner with Northern organizations sometimes seek to fulfill Liberal expectations of victimhood at the hands of their culture. The consequence …


A Symposium On Confronting Global Terrorism And American Neo-Conservatism: The Framework Of A Liberal Grand Strategy. By Tom Farer. Oxford, Uk: Oxford University Press, 2008., Richard Falk, Dino Kritsiotis, Paul Taylor, Tom Farer Jan 2009

A Symposium On Confronting Global Terrorism And American Neo-Conservatism: The Framework Of A Liberal Grand Strategy. By Tom Farer. Oxford, Uk: Oxford University Press, 2008., Richard Falk, Dino Kritsiotis, Paul Taylor, Tom Farer

Human Rights & Human Welfare

A review of:

Confronting Global Terrorism and American Neo-Conservatism: The Framework of a Liberal Grand Strategy. By Tom Farer. Oxford, UK: Oxford University Press, 2008.


David P. Forsythe On John Charvet And Elisa Kaczynska-Nay. The Liberal Project And Human Rights: The Theory And Practice Of A New World Order. New York, Ny: Cambridge University Press, 2008. 446pp., David P. Forsythe Jan 2009

David P. Forsythe On John Charvet And Elisa Kaczynska-Nay. The Liberal Project And Human Rights: The Theory And Practice Of A New World Order. New York, Ny: Cambridge University Press, 2008. 446pp., David P. Forsythe

Human Rights & Human Welfare

A review of:

John Charvet and Elisa Kaczynska-Nay. The Liberal Project and Human Rights: The Theory and Practice of a New World Order. New York, NY: Cambridge University Press, 2008. 446pp.


Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz Jan 2007

Exploring Universal Rights: A Symposium, Jamie Mayerfeld, Brooke Ackerly, Henry Shue, Jack Donnelly, Kok-Chor Tan, Charles Beitz

Human Rights & Human Welfare

A review of:

Which Rights Should Be Universal? by William J. Talbott. New York, NY: Oxford University Press, 2005. 232pp.


The Universality Of Human Rights: A Response, William J. Talbott Jan 2007

The Universality Of Human Rights: A Response, William J. Talbott

Human Rights & Human Welfare

A response to:

Mayerfeld, J., Ackerly, B., Shue, H., Donnelly, J., Tan, K., & Beitz, C. (2007). Exploring universal rights: A symposium. Human Rights, Human Welfare, 7. https://digitalcommons.du.edu/hrhw/vol7/iss1/24/


Sofisma Y Realidad Del Paradigma Democrático Exterior Estadounidense, Ignacio De La Rasilla Del Moral Dec 2005

Sofisma Y Realidad Del Paradigma Democrático Exterior Estadounidense, Ignacio De La Rasilla Del Moral

Ignacio de la Rasilla del Moral, Ph.D.

Tomando como punto de partida las principales asunciones del realismo político y de la teoría de la paz democrática este trabajo se propone arrojar cierta luz sobre las razones que se hallan tras el “paradigma exterior democrático estadounidense”. Con el objeto de discernir entre sofisma y realidad al respecto, el autor retraza la evolución del neo-wilsonianismo desde los años de la “doctrina Reagan” hasta la actual “Doctrina Bush”. Como resultado de este análisis, el mito del excepcionalismo estadounidense se verá confrontado a las frías realidades del equilibrio del poder, la guerra contra el terrorismo y otros factores de orden económico …


National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein Jan 2005

National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein

Publications

No abstract provided.


Individualism In The Age Of Internationalism, Alyson Cole May 2001

Individualism In The Age Of Internationalism, Alyson Cole

Michigan Law Review

In the brief conclusion to The Empowered Self: Law and Society in the Age of Individualism, Thomas M. Franck asserts that he cannot satisfactorily summarize his book's argument. Even if it were achievable, he clarifies, he would not engage in such an endeavor, since it would "preempt the reader's autonomy and subvert his or her individual rights" (p. 278). That the author himself rejects the desirability of doing what reviewers generally do (i.e., condense and inevitably simplify complex tomes) is perhaps a somewhat awkward way to commence a discussion of his book. Nevertheless, this comment illustrates the extent to which …


Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth May 2000

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 May 2000

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 May 2000

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 …


Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki Apr 1998

Considering Multiple And Overlapping Sovereignties: Liberalism, Libertarianism, National Sovereignty, "Global" Intellectual Property, And The Internet, Keith Aoki

Indiana Journal of Global Legal Studies

No abstract provided.


The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr. Apr 1998

The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.

Indiana Journal of Global Legal Studies

No abstract provided.


Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer Apr 1998

Cyberspatial Sovereignties: Offshore Finance, Digital Cash, And The Limits Of Liberalism, Bill Maurer

Indiana Journal of Global Legal Studies

No abstract provided.


The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post Apr 1998

The "Unsettled Paradox": The Internet, The State, And The Consent Of The Governed, David G. Post

Indiana Journal of Global Legal Studies

No abstract provided.


On The Internet And Sovereignty, Saskia Sassen Apr 1998

On The Internet And Sovereignty, Saskia Sassen

Indiana Journal of Global Legal Studies

No abstract provided.


Libertad V. Liberalism: An Analysis Of The Helms-Burton Act From Within Liberal International Relations Theory, David Fidler Apr 1997

Libertad V. Liberalism: An Analysis Of The Helms-Burton Act From Within Liberal International Relations Theory, David Fidler

Indiana Journal of Global Legal Studies

Professor Fidler's article examines the Cuban Liberty and Democratic

Solidarity (LIBERTAD) Act of

1996,

Act, from within liberal international relations theory. He takes as his starting

point the controversy that the Helms-Burton Act has produced among liberal,

democratic states. Professor Fidler outlines the major tenets of the liberal

tradition in international relations thinking: promoting economic

interdependence, internationall aw, internationali nstitutions,a nd democracy.

He then looks at the arguments made by opponents of the Helms-Burton Act

from within each of these liberal tenets, showing how opponents believe the

Helms-Burton Act undermines economic interdependence, violates

international law, by-passes international institutions, and does …


Is International Law Fair?, Gerry J. Simpson Jan 1996

Is International Law Fair?, Gerry J. Simpson

Michigan Journal of International Law

Review of Fairness in International Law and Institutions by Thomas M. Franck


The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles Jan 1995

The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles

Cornell Law Faculty Publications

No abstract provided.


Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth Jan 1993

Gendered States: Feminist (Re)Visions Of International Relations Theory, Hilary Charlesworth

Michigan Journal of International Law

Review of the book edited by V. Spike Peterson.