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Full-Text Articles in Law
Theorizing American Freedom, Anthony O'Rourke
Theorizing American Freedom, Anthony O'Rourke
Michigan Law Review
Some intellectual concepts once central to America's constitutional discourse are, for better and worse, no longer part of our political language. These concepts may be so alien to us that they would remain invisible without carefully reexamining the past to challenge the received narratives of America's constitutional development. Should constitutional theorists undertake this kind of historical reexamination? If so, to what extent should they be willing to stray from the disciplinary norms that govern intellectual history? And what normative aims can they reasonably expect to achieve by exploring ideas in our past that are no longer reflected in the Constitution's …
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Keeping The State Out: The Separation Of Law And State In Classical Islamic Law, Lubna A. Alam
Michigan Law Review
The implementation and enforcement of Islamic law, especially Islamic criminal law, by modem-day Muslim nation-states is fraught with controversy and challenges. In Pakistan, the documented problems and failures of the country's attempt to codify Islamic law on extramarital sexual relations have led to efforts to remove rape cases from Islamic law courts to civil law courts. In striking contrast to Pakistan's experience, the Republic of the Maldives recently commissioned a draft of a penal law and sentencing guidelines based on Islamic law that abides by international norms. The incorporation of Islamic law into the legal systems of various countries around …
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Custody, Maintenance, And Succession: The Internalization Of Women's And Children's Rights Under Customary Law In Africa, Allison D. Kent
Michigan Journal of International Law
In this Note, the author examines the process of international human rights norm internalization into areas traditionally governed exclusively by customary law, and the resulting evolution of customary law. Assuming, arguendo, that customary law is to be modified, I argue that a societal norm internalization approach is the most effective means to bring customary law into conformity with international human rights law. After a brief discussion of the fieldwork on which I rely, this Note describes the historical influence of colonialism on the development of customary law in Africa, with a particular focus on the repugnancy clauses of the …
The Promise Of A Post-Genocide Constitution: Healing Rwandan Spirit Injuries, Adrien Katherine Wing, Mark Richard Johnson
The Promise Of A Post-Genocide Constitution: Healing Rwandan Spirit Injuries, Adrien Katherine Wing, Mark Richard Johnson
Michigan Journal of Race and Law
This Article hopes to extend Critical Race Theory's social construction of race theory by emphasizing ethnicity as well as race. The Rwandans are undoubtedly within the so-called "Black race." Historically, they have also been socially constructed as consisting of different races and ethnicities, even though many scholars and Rwandans do not see ethnic, much less racial, distinctions. Some of these Rwandans who did see such differences participated in the genocide.
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Puerto Rico: Cultural Nation, American Colony, Pedro A. Malavet
Michigan Journal of Race and Law
This Article articulates a theory of Puerto Rican cultural nationhood that is largely based on ethnicity. In linking ethnicity and citizenship, it is imperative, however, to avoid the evils of ethnic strife and balkanization, while celebrating rather than imposing difference; community consciousness cannot degenerate into fascism.
Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau
Can Money Whiten? Exploring Race Practice In Colonial Venezuela And Its Implications For Contemporary Race Discourse, Estelle T. Lau
Michigan Journal of Race and Law
The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase "Whiteness" from their King. The author exposes the irony of this system, developed in a society obsessed with "natural" ordering that labeled individuals according to their precise racial ancestry. While recognizing that the Gracias al Sacar provided opportunities for advancement and an avenue for material and social struggle, the author argues that it also justified the persistence of racial hierarchy. The Article concludes that the Gracias al Sacar, along with their present-day …
Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley
Perestroika African Style: One-Party Government And Human Rights In Tanzania, John Quigley
Michigan Journal of International Law
The one-party systems in Africa have drawn negative reactions from Western States that provide economic aid. The article assesses the one-party system in light of international human rights law and asks whether aid-giving States must consider whether one-party rule in recipient States violates international standards. In this connection, the article asks whether the rights of association and political freedom as developed in Europe can fairly be applied to Africa, given its historical experience.
The United Nations, International Law, And The Rhodesian Independence Crisis, Gary A. Macdonald
The United Nations, International Law, And The Rhodesian Independence Crisis, Gary A. Macdonald
Michigan Law Review
A Review of The United Nations, International Law, and the Rhodesian Independence Crisis by Jericho Nkala
Chroust: The Rise Of The Legal Profession In America, William Wirt Blume
Chroust: The Rise Of The Legal Profession In America, William Wirt Blume
Michigan Law Review
A Review of The Rise of the Legal Profession in America 2 vol. by Anton-Hermann Chroust
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Crosskey And The Constitution: A Reply To Goebel, Sylvester Petro
Michigan Law Review
The immediate purpose of this paper is to demonstrate the inadequacies of the most embittered of the reviews of Crosskey's book which I have read, "Ex Parte Clio,'' written by Professor Goebel (hereinafter sometimes referred to as "the reviewer"). Demonstrating these things will involve repeated reference to the thesis and the methodology of the book, and comparison of the book with the contentions advanced by the reviewer. The reading will probably be as tedious as the writing has been, but that cannot be helped, for the longer aim of this paper cannot be achieved in any other manner. That aim …
Neutrality Of British Dominions, C D. Allin
Neutrality Of British Dominions, C D. Allin
Michigan Law Review
The recent Cannes conference has revived the question of the -international status of the British dominions. Article IV of the proposed Anglo-French Alliance provided that "the present treaty shall impose no obligation upon any of the dominions of the British Empire unless and until it is approved by the dominion concerned." In short, the dominions were left free to pursue an independent foreign policy in European affairs.