Law Commons^™

The Property Question.Pdf, William A. Edmundson

William A. Edmundson

Just Back From The Human Rights Council, Makau Mutua

Makau Mutua

The piece critically looks at the transition from the UN Commission on Human Rights to the UN Human Rights Council in 2006 and questions whether the change is one of substance or form. It argues that the same paralysis that dogged the Commission will continue to afflict the Council because power politics and regional blocs - fueled by the global asymmetries of power - will not go away. The piece also contends that the charge by the West that the Commission was utterly compromised by the Third World was without merit because it was the one forum where developing could …

A Critique Of Rights In Transitional Justice: The African Experience, Makau W. Mutua

Makau Mutua

Published in Rethinking Transitions: Equality and Social Justice in Societies Emerging from Conflict, Gaby Oré Aguilar & Felipe Gómez Isa, eds.

This chapter interrogates the concept and application of transitional justice as a medium for the reclamation of post-conflict states in Africa. While it argues that transitional justice is an important – often indispensable – process in reconstructing post-despotic and battered societies, it nevertheless casts a jaundiced eye at traditionalist human rights approaches. It contends that individualist, non-collective, or non-community, approaches to transitional justice have serious limitations. It posits that the Nuremberg model, on which the ICTR and ICTY were …

Global Warming And European Private Law. Remarks At The Opening Session Of The 22d Common Core General Meeting, Lecce, 2016., Ugo Mattei

Ugo Mattei

Corporate Power And Instrumental States: Toward A Critical Reassessment Of The Role Of Firms, States And Regulation In Global Governance, Dan Danielsen

Dan Danielsen

In this chapter, the author critically examines the view, commonly held among political liberals and conservatives alike, of the nation-state as the primary institutional safeguard against economic instability, and the correlative conception of “economic crises” as primarily the result of “regulatory failure,” either in the form of too much or too little oversight by states over the economy. Building on the author’s recent work exploring the “global economic order” as a complex co-production of states and economic actors bargaining over and adapting in relation to the rules that govern them, the author suggests that the modern nation state might be …

Why International Law Favors Emigration Over Immigration, Thomas Kleven

Thomas Kleven

No abstract provided.

The End Of The Cold War: Can American Constitutionalism Survive Victory?, Stephen M. Feldman

Stephen M. Feldman

The nation's Cold War battle against the Soviet Union pervasively influenced American law and society, as numerous scholars have observed. The Cold War, for instance, spurred the strengthening of civil rights and the capitalist economy. The federal government needed to protect civil rights, at least symbolically, to deflect Soviet denunciations of democracy. Meanwhile, the ostentatious exhibition and use of American consumer products contrasted American economic prosperity with Soviet struggles. Thus, during the Cold War, the government and the capitalist leaders were bonded together in a struggle against the communist enemy. The overriding desire for Cold War victory tempered potential political …

Healthy, Wealthy, And Wise: How Corporate Power Shaped The Affordable Care Act, Kevin A. Young, Michael Schwartz

Kevin Young

No abstract provided.

Projecting Capitalism: A History Of The Internationalization Of The Construction Industry, Marc Linder

Marc Linder

No abstract provided.

The Dilemmas Of Laissez-Faire Population Policy In Capitalist Societies: When The Invisible Hand Controls Reproduction, Marc Linder

Marc Linder

No abstract provided.

Book Review: Capital And Its Discontents: Conversations With Radical Thinkers In A Time Of Tumult By Sasha Lilly (Pm Press, 2011), Nick J. Sciullo

Nick J. Sciullo

No abstract provided.

Black Tuesday And Graying The Legitimacy Line For Governmental Intervention: When Tomorrow Is Just A Future Yesterday, Donald J. Kochan

Donald J. Kochan

Black Tuesday in October 1929 marked a major crisis in American history. As we face current economic woes, it is appropriate to recall not only the event but also reflect on how it altered the legal landscape and the change it precipitated in the acceptance of governmental intervention into the marketplace. Perceived or real crises can cause us to dance between free markets and regulatory power. Much like the events of 1929, current financial concerns have led to new, unprecedented governmental intervention into the private sector. This Article seeks caution, on the basis of history, arguing that fear and crisis …