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Full-Text Articles in Law

Who Decides On Security?, Aziz Rana Dec 2014

Who Decides On Security?, Aziz Rana

Aziz Rana

Despite over six decades of reform initiatives, the overwhelming drift of security arrangements in the United States has been toward greater—not less— executive centralization and discretion. This Article explores why efforts to curb presidential prerogative have failed so consistently. It argues that while constitutional scholars have overwhelmingly focused their attention on procedural solutions, the underlying reason for the growth of emergency powers is ultimately political rather than purely legal. In particular, scholars have ignored how the basic meaning of "security" has itself shifted dramatically since World War II and the beginning of the Cold War in line with changing ideas …


The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana Dec 2014

The Lawyer's Role In A Contemporary Democracy, Tensions Between Various Conceptions Of The Lawyer's Role, Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Aziz Rana

No abstract provided.


Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana Dec 2014

Statesman Or Scribe? Legal Independence And The Problem Of Democratic Citizenship, Aziz Rana

Aziz Rana

No abstract provided.


Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana Dec 2014

Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana

Aziz Rana

No abstract provided.


Responses To The Ten Questions, Aziz Rana Dec 2014

Responses To The Ten Questions, Aziz Rana

Aziz Rana

This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.


Obama And The New Age Of Reform, Aziz Rana Dec 2014

Obama And The New Age Of Reform, Aziz Rana

Aziz Rana

No abstract provided.


What Future Democracy?, Aziz Rana Dec 2014

What Future Democracy?, Aziz Rana

Aziz Rana

The threat posed by Aids to the development of democracy in Africa plays no part in current discussions of the impact of the disease.


Settlers And Immigrants In The Formation Of American Law, Aziz Rana Dec 2014

Settlers And Immigrants In The Formation Of American Law, Aziz Rana

Aziz Rana

This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …