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Articles 1 - 3 of 3
Full-Text Articles in Law
Cultural Culprits, Michelle Mckinley
Cultural Culprits, Michelle Mckinley
Studio for Law and Culture
This paper draws from a longer Article that examines questions of agency, victimization, and cultural essentialism in U.S. asylum adjudication and cultural defense cases specifically, and in international human rights law more broadly. I explore the adjudication of FGC asylum claims based on cultural persecution” that encode a racialized view of culture. I describe the historical trajectory of contemporary FGC claims through a detailed analysis of colonial anti-excision campaigns. I compare early 19th century anti-excision campaigns with contemporary maternal imperialism, as international law, UN agencies, and international financial institutions became more responsive to feminist concerns about eradicating FGC. Throughout the …
Uncooperative Federalism, Jessica Bulman-Pozen, Heather K. Gerken
Uncooperative Federalism, Jessica Bulman-Pozen, Heather K. Gerken
Faculty Scholarship
This Essay addresses a gap in the federalism literature. Scholars have offered two distinct visions of federal-state relations. The first depicts states as rivals and challengers to the federal government, roles they play by virtue of being autonomous policymakers outside the federal system. A second vision is offered by scholars of cooperative federalism, who argue that in most areas states serve not as autonomous outsiders, but supportive insiders – servants and allies carrying out federal policy. Legal scholarship has not connected these competing visions to consider how the state's status as servant, insider, and ally might enable it to be …
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt
Post-Modern Meditations On Punishment: On The Limits Of Reason And The Virtues Of Randomization, Bernard E. Harcourt
Faculty Scholarship
This chapter presents an authoritative overview of punishment, with particular emphasis on the limits of reason and the virtue of randomization. It includes comments by some of the nation's top legal scholars from the field of criminal law, tackling topics such as the Enlightenment ideal of social engineering through punishment and the role of chance in the administration of criminal justice.