Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Journal

Nationalism

Discipline
Institution
Publication Year
Publication

Articles 1 - 30 of 68

Full-Text Articles in Law

Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu May 2024

Examining The Historical Evolution And Contemporary Significance Of Human Rights, Ailing Lu

Themis: Research Journal of Justice Studies and Forensic Science

This paper delves into the complex concept of human rights, examining its historical evolution and contemporary significance through the perspectives of Lynn Hunt's "Inventing Human Rights," Michelline R. Ishay's "The History of Human Rights," and Samuel Moyn's "The Last Utopia." Hunt's work explores the 18th-century Enlightenment, highlighting the political foundations of natural, equal, and universal rights. Ishay provides a comprehensive account spanning ancient civilizations to modern globalization, emphasizing the dynamic nature of human rights struggles. Moyn challenges conventional views, asserting the mid-20th century emergence of contemporary human rights amidst the Cold War and failed utopian visions. While each historian offers …


Mcculloch's "Perpetually Arising" Questions, David S. Schwartz Sep 2020

Mcculloch's "Perpetually Arising" Questions, David S. Schwartz

Arkansas Law Review

I’m truly honored to have my book be the subject of a symposium on Balkinization, and I’m deeply grateful to Jack Balkin and John Mikhail for organizing and hosting it. Among its many gratifications for me personally, the symposium guaranteed that at least eight people would read the book. That these readers have engaged with it so closely and insightfully is icing on the cake. My first article on McCulloch four years ago, which became the basis for a couple of the early chapters in the book, insisted that McCulloch was properly interpreted as far less nationalistic than we were …


The Grip Of Nationalism On Corporate Law, Mariana Pargendler Apr 2020

The Grip Of Nationalism On Corporate Law, Mariana Pargendler

Indiana Law Journal

Part I provides a brief overview of the relationship between corporate law and nationalism and demonstrates their interaction in the historical experiences of several key jurisdictions. These vignettes are merely illustrative, but they indicate how deep the link between nationalism and corporate law can be. Part II summarizes the evidence on the economic effects of foreign corporate control, showing that it is ultimately inconclusive. Part III explains why corporate law can be an attractive instrument to accomplish nationalist objectives and explores the possible regulatory responses to this phenomenon. Part IV analyzes the implications of these findings for future developments in …


Trump's Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne Lindgren Sep 2019

Trump's Angry White Women: Motherhood, Nationalism, And Abortion, Yvonne Lindgren

Hofstra Law Review

A majority of white women-- fifty-two percent-- voted for Donald Trump in the 2016 presidential election. White working-class women supported Trump in even greater numbers: sixty-one percent of white women without college degrees voted for Trump. This result seems remarkable considering Trump's derogatory statements about women and his staunch opposition to legal access to abortion. Why did white women, especially those most likely to need access to reproductive healthcare-- poor and working-class women-- vote heavily against their own interests to embrace a candidate who called for punishing women who access abortion? Much recent commentary has considered this question and drawn …


Evidence Struggles: Legality, Legitimacy, And Social Mobilizations In The Catalan Political Conflict, Susana Narotzky Feb 2019

Evidence Struggles: Legality, Legitimacy, And Social Mobilizations In The Catalan Political Conflict, Susana Narotzky

Indiana Journal of Global Legal Studies

Different kinds of evidence are put forward to make an argument and justify political action by agents situated in diverse social, cultural, and power positions. The Catalan political conflict is a case in point. The central Spanish government's arguments are mostly of a juridical nature and rest on the anti-constitutionality of the Catalan government and other civil society organizations' actions. Instead, most arguments of Catalan supporters of independence are based on historical interpretations of grievances referring to national institutions and identity. Supporters of independence, under the politically inspired actions of major civil society associations, have mobilized hundreds of thousands of …


To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook Feb 2019

To Secede Or Not Secede? Is It Even Possible?, T. Z. Cook

Indiana Journal of Global Legal Studies

Secession seems like a concept of the past. In our increasingly globalizing world, nationalism was growing archaic and halting progress. But secession has seen a surge in the last ten years. Kosovo declared independence from Serbia in 2008. The United Kingdom seceded from the European Union in the infamous "Brexit." And in 2017, Catalonia's grab for independence sparked the worst crisis in Spain since the days of Francisco Franco.1 Alongside these high-profile secessions, smaller movements, which until now were simply brewing and bubbling, are becoming inspired. One such movement is "The South is My Country," a coalition of three southern …


Migration And Conflict, Padraig O’Malley Sep 2018

Migration And Conflict, Padraig O’Malley

New England Journal of Public Policy

The United Nations is ill-equipped to prevent, much less end, intrastate conflicts. Today’s conflicts and an explosive mix of other interrelated causes—including violence, famine, extreme poverty, climate-related disasters and political oppression—have led to a global migration and population-displacement crisis. This article examines the intersection of conflict and migration. It presents the data on migrants, refugees, and internally displaced persons (IDPs) and exposes the rise of extreme nationalist tendencies in the West—in particular, Europe, where several measures to stem the flow of refugees have been imposed. The article concludes with a warning about global poverty and marginalization—a prescription for violent conflict …


Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi Dec 2016

Hannah Arendt And Natives As Extras: Towards An Ontology Of Palestinian Presence?, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

The essay grew out of Hannah Arendt’s reflection on the roles and uses of the mask, a meditation on the ontology of the transient public figure or persona vs. one that restitutes the person to the unadulterated Selbstdenken dimension of the Epicurean philosopher-in-hiding. The author individuates in the resulting caesura between the donning and the taking off of the mask the primal source of that paradox in Hanna Arendt’s political behavior that alternately compelled her to confront the ontological presence of the Palestinian people, and made her withdraw into philosophical hiding without ever really coming to terms with it. In …


Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand Jun 2016

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


Inventing Equal Sovereignty, Leah M. Litman May 2016

Inventing Equal Sovereignty, Leah M. Litman

Michigan Law Review

The Supreme Court’s 2013 decision in Shelby County v. Holder relied on the “fundamental principle” and “historic tradition” of equal sovereignty to hold one of the Voting Rights Act’s key provisions unconstitutional. Yet almost three years after Shelby County, and despite a recent wave of equal sovereignty challenges to major federal programs, the equal sovereignty principle remains largely unexamined. This Article seeks to provide some clarity—both to establish the contours of the equal sovereignty doctrine and to evaluate whether it is a sound rule of constitutional federalism. The principle of equal sovereignty, as initially articulated by courts and subsequently …


Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba Apr 2016

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.


Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne Apr 2016

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li May 2015

Reflections On The Current Drive Toward Greater Legalization In China, Victor H. Li

Georgia Journal of International & Comparative Law

No abstract provided.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz Apr 2015

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


Federalism And Nationalism: Time For A Détente?, Heather K. Gerken Jan 2015

Federalism And Nationalism: Time For A Détente?, Heather K. Gerken

Saint Louis University Law Journal

No abstract provided.


Nationalism As The New Federalism (And Federalism As The New Nationalism): Complementary Account (And Some Challenges) To The Nationalist School, Abbe R. Gluck Jan 2015

Nationalism As The New Federalism (And Federalism As The New Nationalism): Complementary Account (And Some Challenges) To The Nationalist School, Abbe R. Gluck

Saint Louis University Law Journal

No abstract provided.


Response To Heather Gerken’S Federalism And Nationalism: Time For A Détente?, Erin Ryan Jan 2015

Response To Heather Gerken’S Federalism And Nationalism: Time For A Détente?, Erin Ryan

Saint Louis University Law Journal

No abstract provided.


Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi Jun 2014

Immigrants, Roma And Sinti Unveil The “National” In Italian Identity, Francesco Melfi

Cultural Encounters, Conflicts, and Resolutions

This essay picks up a few threads in the ongoing debate on national identity in Italy. Immigration and the intertwining of cultures locally have stretched the contours of the nation state to a breaking point. As a result, the social self has become a sharply contested terrain between those who want to install a symbolic electronic fence around an imagined fatherland and those who want a more inclusive nation at home in a global world. After discussing the views of Amin Maalouf (2000), Alessandro Dal Lago (2009), Abdelmalek Sayad (1999) and Patrick Manning (2005) on national identity and migration in …


The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali Apr 2014

The Immigrant "Other": Racialized Identity And The Devaluation Of Immigrant Family Relations, Anita Maddali

Indiana Law Journal

This Article explores how current terminations of undocumented immigrants’ parental rights are reminiscent of historical practices that removed early immigrant and Native American children from their parents in an attempt to cultivate an Anglo-American national identity. Today, children are separated from their families when courts terminate the rights of parents who have been, or who face, deportation. Often, biases toward undocumented parents affect determinations concerning parental fitness in a manner that, while different, reaps the same results as the removal of children from their families over a century ago. This Article examines cases in which courts terminated the parental rights …


Introducing The Medieval Globe, Carol Symes Jan 2014

Introducing The Medieval Globe, Carol Symes

The Medieval Globe

The concept of “the medieval” has long been essential to global imperial ventures, national ideologies, and the discourse of modernity. And yet the projects enabled by this powerful construct have essentially hindered investigation of the world’s interconnected territories during a millennium of movement and exchange. The mission of The Medieval Globe is to reclaim this “middle age” and to place it at the center of global studies.


Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman Jan 2014

Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman

Case Western Reserve Journal of International Law

No abstract provided.


Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim Jan 2012

Citizenship And Marriage In A Globalizing World: Multicultural Families And Monocultural Nationality Laws In Korea And Japan, Erin Aeran Chung, Daisy Kim

Indiana Journal of Global Legal Studies

This Article analyzes how individual and local attempts to address low fertility rates in Korea and Japan have prompted unprecedented reforms in monocultural nationality laws. Korea and Japan confront rapidly declining working-age population projections; yet, they have prohibited the immigration of unskilled workers, until recently in Korea's case, on the claim that their admission would threaten social cohesion. Over the past two decades, both countries have made only incremental reforms to their immigration policies that fall short of alleviating labor shortages and the fiscal burdens of maintaining a large elderly population. Instead, prompted by the growth of so-called multicultural families …


Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss Nov 2011

Hard Times For Peace Between Two Internally Divided Societies, Claudia Heiss

Human Rights & Human Welfare

These are not promising days for those who desire peace between Israelis and Palestinians, with two states respected by each other and recognized by the international community, living securely side by side. Richard Falk’s article rightly stresses the negative role played by the US Government in its sharp rejection of the Palestinian bid for statehood at the United Nations Security Council. The problem, however, seems to lie deeper in these complex societies and their current political leaderships.


“Failed States Are Everyone’S Problem”, Devin Joshi Aug 2011

“Failed States Are Everyone’S Problem”, Devin Joshi

Human Rights & Human Welfare

This article raises interesting issues but cannot answer its own puzzles because it fails to define what constitutes a threat or danger to US national security. As an American citizen, the security of the Central African Republic is in my personal interest. The CAR is a country where it has been reported that one out of every sixteen mothers dies during childbirth. That is a serious problem! Who is to say it is not in Americans’ interest to prevent state failure there? If the US government is not interested in Central Africans' security, obviously, there is a disconnect between the …


Symptoms For Scalia And Texas: Gay Rights And American Nationalism, Daniel Gordon Oct 2010

Symptoms For Scalia And Texas: Gay Rights And American Nationalism, Daniel Gordon

Golden Gate University Law Review

Matti Bunzl in Symptoms of Modernity: Jews and Queers in Late-Twentieth Century Vienna expressed great faith in the multicultural fairness of American Society. Bunzl recognized the threat of Christian Conservatives in the United States to gay and lesbian civil rights and civil liberties, and he evidenced some skepticism of American multiculturalism. However, overall Bunzl remained optimistic about the future of civil rights for gays and lesbians in the United States noting "it was in the United States that a postmodern sensibility of minority politics was pioneered.'' This article utilizes Bunzl's work along with the work of urban religion sociologists to …


Protecting Antiquities And Saving The Universal Museum: A Necessary Compromise Between The Conflicting Ideologies Of Cultural Property, Nicole Klug Jan 2010

Protecting Antiquities And Saving The Universal Museum: A Necessary Compromise Between The Conflicting Ideologies Of Cultural Property, Nicole Klug

Case Western Reserve Journal of International Law

No abstract provided.


Aliens In The Garden, Jared A. Goldstein Jan 2009

Aliens In The Garden, Jared A. Goldstein

University of Colorado Law Review

This Article examines environmental rhetoric and argues that a nationalist conception of nature has long distorted environmental policies. Environmental discourse frequently seeks to explain the natural world by reference to the world of nations, a phenomenon that can be characterizeda s the "nationalizationo f nature." A contemporary example of the nationalization of nature is the rhetoric of "Invasive species," which depicts harmful foreign plants and animals in ways that bear an uncanny resemblance to the demonization of foreigners by opponents of immigration. A typical newspaper article about invasive species, bearing the headline "Eeeeek! The eels are coming!," warned about an …


Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman Jan 2008

Rights And The Hijâb: Rationality And Discourse In The Public Sphere, Howard Adelman

Human Rights & Human Welfare

The Rights of Others: Aliens, Residents, and Citizens by Seyla Benhabib. Cambridge, UK: Cambridge University Press, 2004. 251 pp.

and

Why the French Don’t Like Headscarves: Islam, the State, and Public Space by John R. Bowen. Princeton: Princeton University Press, 2006. 290 pp.

and

Muslim Girls and the Other France: Race, Identity Politics & Social Exclusion by Trica Danielle Keaton. Bloomington: Indiana University Press, 2006. 223 pp.

and

Human Rights and Religion: The Islamic Headscarf Debate in Europe by Dominic McGoldrick. Portland, Oregon: Hart Publishing, 2006. 320 pp.


Patriotic Homosocial Discourse, Kim H. Pearson Apr 2006

Patriotic Homosocial Discourse, Kim H. Pearson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


A National Perspective Toward Innovation, James P. Mcllroy Jan 2006

A National Perspective Toward Innovation, James P. Mcllroy

Canada-United States Law Journal

No abstract provided.