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Articles 91 - 116 of 116
Full-Text Articles in Law
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
An Analysis Of The Supreme Court's Reliance On Racial "Stigma" As A Constitutional Concept In Affirmative Action Cases, Andrew F. Halaby, Stephen R. Mcallister
Michigan Journal of Race and Law
The Article's focus is confined to discussions of race-based affirmative action; it does not consider stigmatization arguments in the context of discrimination involving gender or disabilities, for example. Further, the Article's scope is limited to the stigmatization issue as between Whites and African Americans. Although similar issues exist with respect to other ethnic or racial groups, we view the White/African American paradigm as providing the clearest framework for analysis. Moreover, the cases of Plessy v. Ferguson and Brown v. Board of Education, joint progenitors of stigmatization as a concept having constitutional significance in interpreting the Equal Protection Clause of …
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Deconstructing The Ideology Of White Aesthetics, John M. Kang
Michigan Journal of Race and Law
In this Article, the author provides a discussion on the dynamic between race and aesthetics. The author states that because Whites are the dominant group in America, they dictate what is beautiful. The consequence of this power dynamic is that the dominant group, Whites, can exercise preferences in deciding how to look or express themselves, whereas people of color are limited to either conforming to an imposed White standard or rejecting it. The author starts by laying out some of the features to what he terms the "ideology of White aesthetics." He then commences to examine how this ideology has …
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Race-Conscious Diversity Admissions Programs: Furthering A Compelling Interest, Marty B. Lorenzo
Michigan Journal of Race and Law
This Article argues that narrowly tailored, race-conscious admissions programs can be employed to achieve a more diverse student body and consequently a more enlightened and egalitarian society. An admissions body which looks beyond traditional academic indicators and explores the whole person of each applicant will matriculate a group of students with a wide variety of race, gender, class and other backgrounds, thereby fostering a robust exchange of ideas among these students. Pointing to the enduring precedential value of Bakke as well as the ideological makeup of the Supreme Court, this Article asserts that the Courts would likely uphold a program …
In Sisterhood, Lisa C. Ikemoto
In Sisterhood, Lisa C. Ikemoto
Michigan Journal of Race and Law
A review of Where Is Your Body? by Mari Matsuda
Understanding "Rights" In Contemporary American Discourse, David Ray Papke
Understanding "Rights" In Contemporary American Discourse, David Ray Papke
Michigan Journal of Race and Law
A review of Legal Rights: Historical and Philosophical Perspectives edited by Austin Sarat and Thomas R. Kearns
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz
Michigan Journal of Race and Law
This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …
Toward A South African Administrative Justice Act, Michael Asimow
Toward A South African Administrative Justice Act, Michael Asimow
Michigan Journal of Race and Law
Section 33 of South Africa's Constitution provides fundamental principles of administrative justice. It also requires Parliament to adopt an Administrative Justice Act. This Article contends that without enactment of such legislation Section 33 will be ineffective in practice and may prove to be an obstacle to achieving the economic and social objectives of the Constitution. In addition, such legislation is essential to preserving the legitimacy and the effectiveness of the Constitutional Court.
Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford
Watching The Watchdog: Security Oversight Law In The New South Africa, Christopher A. Ford
Michigan Journal of Race and Law
This Article attempts to assess the experiences of post-apartheid South Africa in the realm of national security law by examining key issues from constitutional, statutory, and policy perspectives. It observes that South Africans now have a great "window of opportunity" that allows them to establish the habits and mores necessary to a working security oversight regime, and argues that the way in which South Africa strikes a balance between the requirements of national security and the preservation of personal liberties is of enormous importance to the Republic's future. It further contends that South Africa's choices in this arena could have …
Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio
Moving From Colonias To Comunidades: A Proposal For New Mexico To Revisit The Installment Land Contract Debate, Elizabeth M. Provencio
Michigan Journal of Race and Law
Communities of Mexican Americans in the Southwest, known as colonias, have provided many low-income buyers with affordable opportunities. Affordability, however, comes at a high price for the colonias residents. Most of the buyers live in colonias pursuant to installment land contracts, devices which allow buyers to spread the purchase price of property over a number of years but leave them without legal title or equity under New Mexico law. The buyers sacrifice their legal rights to "own" small, unimproved lots of land in developments that are often without electricity, gas, a sewage system, and indoor plumbing. The author argues …
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Michigan Journal of International Law
This paper addresses Article 36 of the Vienna Convention on Consular Relations, a treaty provision which is often violated by the United States.
A New Approach To Transnational Insolvencies, Robert K. Rasmussen
A New Approach To Transnational Insolvencies, Robert K. Rasmussen
Michigan Journal of International Law
Part I of this article sets forth the general problems associated with transnational bankruptcies. Part II then shows that, from an efficiency standpoint, the optimal solution would be to allow firms to select, at the time of incorporation, which set of bankruptcy rules will govern in the event of financial distress. Part III examines the transnational bankruptcy problem under the assumption that each nation will continue to dictate the content of its bankruptcy laws. The accepted wisdom is that under this assumption, the best solution to transnational insolvencies is for all countries to adopt a rule whereby the home jurisdiction …
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Her Honor: An Islamic Critique Of The Rape Laws Of Pakistan From A Woman-Sensitive Perspective, Asifa Quaraishi
Michigan Journal of International Law
This article critiques the rape laws of Pakistan from an Islamic point of view which is careful to include women's perspectives in its analysis. Unlike much of what is popularly presented as traditional Islamic law, this woman-affirming Islamic approach will reveal the inherent gender-egalitarian nature of Islam, which is too often ignored by its academics, courts, and legislatures. This article will demonstrate how cultural patriarchy has instead colored the application of certain Islamic laws in places like Pakistan, resulting in the very injustice which the Quran so forcefully condemns.
Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz
Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz
Michigan Journal of International Law
This article explores the past and present role of NGOs in international governance. Part One reviews the history of NGO involvement, focusing on the period between 1775 and 1949. It shows how NGO activism helped to engender international organizations. Part Two examines some key issues that arise from the expanding involvement of NGOs. It catalogs the pros and cons of an active NGO role, discusses various functions that NGOs fulfill, and lists ten techniques of NGO participation. Part Two also considers a hypothesis that NGO involvement is cyclical.
Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia
Decisionmaking And Dispute Resolution In The Free Trade Area Of The Americas: An Essay In Trade Governance, Frank J. Garcia
Michigan Journal of International Law
This Article examines certain theoretical and structural issues to be resolved in creation of the FTAA's governing institutions, and proposes an outline for these institutions, drawing upon regime theory's analysis of international organizations, the range of existing trade institutions found among the hemisphere's RTAs, and indications of the Summit countries' present goals and interests. The Article begins by summarizing Kenneth Abbott and Duncan Snidal's concept of "mesoinstitutions," a new regime theory tool for identifying the roles played and benefits conferred by 1Os in international relations. Parts I.B and I.C then apply mesoinstitutions theory to the primary governance mechanisms of the …
The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez
The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez
Michigan Journal of International Law
This article will describe how the World Court has abstained in a way that not only expresses its commitment to principled government but also implements a coordinate, participation-inducing agenda. The article argues that the most recent jurisprudence of the ICJ manifests an acceleration of this tendency in response not only to the need to conserve judicial resources in light of the increased use of the Court by States, but also, and more significantly, to the enhanced law-making activity of the political organs of the U.N.
The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg
The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg
Michigan Journal of International Law
This article analyzes the role that the Constitution assigns to the Senate in treatymaking and the implications of this role on the relationship between the President and the Senate. Part I examines the meaning of "advice and consent" in the Treaty Clause. It discusses the origins of the phrase "advice and consent," the history of the drafting of the Treaty Clause, and the implications of the Framers' decision to include the Treaty Clause in Article II of the Constitution.
Securing The Peace Dividend In The Middle East: Amending Gatt Article Xxiv To Allow Sectoral Preferences In Free Trade Areas, David R. Karasik
Securing The Peace Dividend In The Middle East: Amending Gatt Article Xxiv To Allow Sectoral Preferences In Free Trade Areas, David R. Karasik
Michigan Journal of International Law
How should Middle East nations structure their future economic relationships to secure their peaceful reconciliation while simultaneously fulfilling their WTO obligations? This note suggests two solutions to this quandary. First, the newly emerging bloc of peace-declaring nations in the Middle East should consider establishing a regional free trade area. However, instead of reducing the tariffs of "substantially all" of the region's products as would normally be required by Article XXIV of the General Agreement on Tariffs and Trade (GATT) 9-the authoritative provision regulating free trade areas-this note argues that a Middle East free trade area should reduce trade barriers only …
Policing Illicit U.S. Business Actions Overseas, Paula Stern, Alexander W. Koff
Policing Illicit U.S. Business Actions Overseas, Paula Stern, Alexander W. Koff
Michigan Journal of International Law
Review of The Foreign Corrupt Practices Act: Coping with Corruption in Transitional Economies by Jeffrey P. Bialos & Gregory Husisian
Throwing Away The Key: Limits On The Plenary Power?, Richard A. Boswell
Throwing Away The Key: Limits On The Plenary Power?, Richard A. Boswell
Michigan Journal of International Law
Review of From Welcomed Exiles to Illegal Immigrants: Cuban Migration to the U.S., 1959-1995 by Felix Masud-Piloto and The Abandoned Ones: The Imprisonment and Uprising of the Marial Boat People by Mark S. Hamm.
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Trade Policy Harmonization: Too Much Of A Good Thing?, Alexander W. Sierck
Michigan Journal of International Law
Review of Fair Trade and Harmonization: Prerequisites for Free Trade? by Jagdish N. Bhagwati & Robert E. Hudec
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Language Of Lullabies: The Russification And De-Russification Of The Baltic States, Sonia Bychkov Green
Michigan Journal of International Law
This article argues that the laws for promotion of the national languages are a legitimate means for the Baltic states to establish their cultural independence from Russia and the former Soviet Union.
Recent Books, Michigan Law Review
Recent Books, Michigan Law Review
Michigan Law Review
A list of books recently received by the Michigan Law Review.
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles
Fourth Amendment Accommodations: (Un)Compelling Public Needs, Balancing Acts, And The Fiction Of Consent, Guy-Uriel E. Charles
Michigan Journal of Race and Law
The problems of public housing-including crime, drugs, and gun violence- have received an enormous amount of national attention. Much attention has also focused on warrantless searches and consent searches as solutions to these problems. This Note addresses the constitutionality of these proposals and asserts that if the Supreme Court's current Fourth Amendment jurisprudence is taken to its logical extremes, warrantless searches in public housing can be found constitutional. The author argues, however, that such an interpretation fails to strike the proper balance between public need and privacy in the public housing context. The Note concludes by proposing alternative consent-based regimes …
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig
Michigan Journal of Race and Law
This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
South Africa's Amnesty Process: A Viable Route Toward Truth And Reconciliation, Emily H. Mccarthy
Michigan Journal of Race and Law
The road to democracy for South Africa was based on compromise. One of the most significant compromises made by the negotiators was the acceptance of an amnesty process culminating in the passage of the Promotion of National Unity and Reconciliation Act of 1995. The Act grants full indemnity from criminal and civil prosecution to anyone affiliated with a political organization who committed an "act associated with a political objective" and who fully discloses all relevant facts. The purpose of the Act is twofold: to establish the "truth" about the apartheid past and to promote "reconciliation" among South Africans. Unfortunately, such …
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Honesty, Privacy, And Shame: When Gay People Talk About Other Gay People To Nongay People, David L. Chambers, Steven K. Homer
Michigan Journal of Gender & Law
There is a longstanding convention among lesbians and gay men in the United States: Do not reveal the sexuality of a gay person to a heterosexual person; unless you are certain that the gay person does not regard his sexuality as a secret. Lie if necessary to protect her secret. Violating the convention by "outing" another person is widely considered a serious social sin.