| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
| Maxine Burkett |
Behind the Veil: Climate Migration, Regime Shift, and a New Theory of Justice |
53 Harvard Civil Rights-Civil Liberties Law Review 445 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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Climate change is as much a sociopolitical phenomenon as it is a geophysical one. Beyond contentious domestic politics and the intricacies of global climate governance, evinced by the United Nations Framework Convention on Climate Change (UNFCCC) and over 25 years of subsequent negotiation, unabated climate change promises to upend centuries-old... |
2018 |
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| Ariela J. Gross |
Bob Gordon's Critical Historicism and the Pursuit of Justice |
70 Stanford Law Review 1633 (May, 2018) |
Law Review Articles and Other Secondary Sources |
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My initial encounter with critical legal historicism was as a graduate student in history at Stanford trying to decide whether to stay in graduate school, teach, and do research, or go to law school to pursue politics. During my first year, I lurked around the law school, attending my first legal history workshop. It was a discussion of Bob... |
2018 |
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Book Notes |
43 Law and Social Inquiry 1130 (Summer, 2018) |
Law Review Articles and Other Secondary Sources |
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L1-2CONTENTS Civil Rights. 1131 Constitutional Theory and History. 1131 Courts and Judges. 1131 Criminal Justice and Social Control. 1132 Human Rights. 1133 Jurisprudence and Sociolegal Theory. 1133 Justice and the University. 1134 Law and Family Relationships. 1134 Law and Immigration. 1134 Law and Indigenous Peoples. 1134 Law and Islam. 1135 Law... |
2018 |
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| Lynn M.G. Ta, Benjamin A.T. Graham |
Can Quasi-judicial Bodies at the World Bank Provide Justice in Human Rights Cases? |
50 Georgetown Journal of International Law 113 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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The Inspection Panel and Compliance Advisor/Ombudsman (CAO) are quasi-judicial bodies that hear human rights complaints related to World Bank projects. The Inspection Panel and CAO have adjudicated nearly 250 complaints, and at least seventeen other development finance institutions have created similar bodies in their likeness. Unfortunately, we... |
2018 |
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| Christine Gibbons |
Cedaw, the Islamic State, and Conflict-related Sexual Violence |
51 Vanderbilt Journal of Transnational Law 1423 (November, 2018) |
Law Review Articles and Other Secondary Sources |
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Tales of the Islamic State (ISIL) and the group's brutality shocked the world for several years. Now, however, ISIL has been nearly defeated. As ISIL has lost territorial control, the world has learned more details about its cruel enslavement system, including the severe sexual violence that ISIL inflicted on the Yazidis. Now, many advocates are... |
2018 |
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| Ann Kennedy |
Chronic Harm |
25 William and Mary Journal of Race, Gender, and Social Justice 131 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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Introduction I. Reproductive Justice and the Anti-archive II. Chronic Harm: Reproductive Justice and the Exploitation of Care Labor In this Article, I argue that critical race feminism provides a lens for dismantling the current system of U.S. laws that regulate labor and reproduction, a set of laws that are often represented as unrelated race- and... |
2018 |
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| Twila L. Perry |
Conscious and Strategic Representations of Race: Prince, Music, Black Lives, and Race Scholarship |
27 Southern California Interdisciplinary Law Journal 549 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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Prince has often been described in the media as an artist who transcended barriers of race, gender and music genre. However, the context of race has received much less attention than the contexts of gender and music. Although discussions of Prince in the media have seldom focused on his racial identity as an African-American, an examination of... |
2018 |
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| Leszek Bosek , Katarzyna Królikowska |
Constitutional Dimensions of the Judicial Restitution of Wrongfully Expropriated Property in Poland |
41 Loyola of Los Angeles International and Comparative Law Review 369 (Winter 2018) |
Law Review Articles and Other Secondary Sources |
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The issue of post-war property nationalization and its possible restitution is important for all Central Eastern European countries, but definitely holds a special significance for Poland. This article deals with the legal difficulties associated with restituting property and receiving compensation for property taken in the process of mass... |
2018 |
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| John Tehranian |
Copyright's Male Gaze: Authorship and Inequality in a Panoptic World |
41 Harvard Journal of Law & Gender 343 (Summer, 2018) |
Law Review Articles and Other Secondary Sources |
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When Erin Andrews found out that an intimate recording of her had leaked online, the authorship-as-fixation doctrine told her that the felon who illicitly captured the footage owned the copyright, not her. When Lynn Thomson's creative partner, Jonathan Larson, died tragically just hours after the final rehearsal for the musical Rent, joint... |
2018 |
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| Carrie L. Rosenbaum |
Crimmigration--structural Tools of Settler Colonialism |
16 Ohio State Journal of Criminal Law L. 9 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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The systems of immigration and criminal law come together in many important ways, one of which being their role in instilling difference and undermining inclusion and integration. In this article, I will begin a discussion examining the concept of integration, simplistically described as inclusion into American life, not in the more traversed... |
2018 |
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| Anjali Vats , Deidré A. Keller |
Critical Race Ip |
36 Cardozo Arts and Entertainment Law Journal 735 (2018) |
Law Review Articles and Other Secondary Sources |
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ABSTRACT. 736 Introduction. 737 I. Why Critical Race IP. 743 A. The Rise of the Intellectual Property Economy. 746 B. From CLS to Critical IP. 752 II. Locating Critical Race IP. 755 A. What is the Race in Critical Race IP?. 759 B. What is the IP in Critical Race IP?. 762 C. (Un)bounding Critical Race IP. 764 1. Storytelling as Critical Race IP... |
2018 |
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| Peter Margulies |
Curbing Remedies for Official Wrongs: the Need for Bivens Suits in National Security Cases |
68 Case Western Reserve Law Review 1153 (Summer, 2018) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1153 I. History and Founding Era. 1156 II. Abbasi and the Story of the Post-9/11 Immigration Roundup. 1164 A. Immigration, Detention, and National Security. 1164 B. Retrenching on Remedies: The Court's Decision in Ziglar v. Abbasi. 1167 III. Critiquing Abbasi's Anti-Remedy Presumption. 1171 A. The Difference Between Constitutional and... |
2018 |
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| Lateef Mtima |
Digital Tools and Copyright Clay: Restoring the Artist/audience Symbiosis |
38 Whittier Law Review 104 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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©Lateef Mtima, Professor of Law, Howard University School of Law, Director, Institute for Intellectual Property and Social Justice. I would like to thank the participants in the Whittier Law Review Symposium Emerging Dilemmas in Entertainment Law: Resolving Technology's New Ethical Concerns for their insights and also Professor Tuneen Chisolm for... |
2018 |
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| Timothy Webster |
Discursive Justice: Interpreting World War Ii Litigation in Japan |
58 Virginia Journal of International Law 161 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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Since the 1980s, human rights litigation has spread around the world. I propose an analytical framework by which to interpret the multiple motivations and results of human rights litigation. By examining a recent spate of lawsuits brought by victims of World War II against Japan and Japanese corporations, this Article illuminates the... |
2018 |
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| David A. Singleton |
Disrupting Victim Exploitation |
69 Mercer Law Review 805 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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Violent-crime survivors have powerful stories to tell. Prosecutors use these stories to convict the accused and advocate for harsh sentences. Legislators use these narratives to pass punitive sentencing measures locking away the convicted for increasing periods of time. Though prosecutors and legislators serve the entire community, many present... |
2018 |
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| David B. Oppenheimer |
Dr. King's Dream of Affirmative Action |
21 Harvard Latinx Law Review 55 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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President Trump and Attorney General Sessions have decided to challenge affirmative action policies in higher education as a form of discrimination against white people. We should expect them to soon be citing Dr. King's I Have A Dream speech as evidence that Dr. King would be supporting their position if he were still alive. We should also expect... |
2018 |
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| Bill Piat |
Entrada: Slavery, Religion and Reconciliation |
13 Intercultural Human Rights Law Review Rev. 1 (2018) |
Law Review Articles and Other Secondary Sources |
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Santa Fe is a beautiful, culturally rich and diverse city. I am a native Santa Fean, and my mixed Hispanic/Indian/Anglo/African blood reflects the ethnic makeup of the region. Each year the city celebrates a Fiesta. One component, the Entrada, celebrates the peaceful re-conquest of the Indigenous people by the Spanish colonizers. Controversy has... |
2018 |
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| Carla M. Newman |
Essay: Bartering from the Bench: a Tennessee Judge Prevents Reproduction of Social Undesirables; Historic Analysis of Involuntary Sterilization of African American Women |
10 Georgetown Journal of Law & Modern Critical Race Perspectives 53 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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At various points during American history, there have been stark moments where the autonomy of the African American female body has been compromised, degraded, and subjected to abuse due to the status of African American women. African American women who were victims of the slave trade experienced exploitation not only because of their race, but... |
2018 |
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| Steven M. Richman, Esq. |
Ethical Issues for Business Lawyers under the United Nations Guiding Principles |
51 International Lawyer 423 (2018) |
Law Review Articles and Other Secondary Sources |
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We are all human rights lawyers now. Such concerns are no longer the sole province of public interest lawyers or those who otherwise specialize in human rights issues. Commercial lawyers in private practice representing private companies must be attentive to human rights issues. This article arose from various presentations made during my tenure as... |
2018 |
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| Charles Cronin |
Ethical Quandaries: the Holocaust Expropriated Art Recovery Act and Claims for Works in Public Museums |
92 Saint John's Law Review 509 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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In 2016 agents from United States Homeland Security Investigations stopped by Craig Gilmore's house in Los Angeles to determine whether he owned a painting by the seventeenth-century artist Melchior Geldorp. The picture they were seeking, Portrait of a Lady, had been owned by the National Museum in Warsaw, but had disappeared when the Nazis... |
2018 |
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| Stephen R. Munzer |
Examining Nontherapeutic Circumcision |
28 Health Matrix: Journal of Law-Medicine Matrix 1 (2018) |
Law Review Articles and Other Secondary Sources |
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C1-2Contents I. Introduction. 2 II. Nature of the Inquiry. 2 III. Circumcision and Possible Harms. 4 IV. Bodily Integrity and Autonomy. 8 V. A Tissue Loss Argument. 11 VI. A Genital Salience Argument. 17 VII. A Permanent Modification Argument. 25 VIII. A Gender Equality Argument. 28 IX. Asserted Medical Benefits of Neonatal Circumcision. 35 X.... |
2018 |
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| April Johnson |
Fair Housing Issues: a Call for Mandated Housing Integration |
50 University of Toledo Law Review 107 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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OWNING a home has long been regarded as having a slice of the American Dream. Yet, as history has shown us, homeownership in integrated communities is increasingly unavailable for African Americans and other minorities. In essence, it is far more difficult for African Americans to realize the American Dream--by purchasing a home--than it is for... |
2018 |
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| Christophe Geiger |
Freedom of Artistic Creativity and Copyright Law: a Compatible Combination? |
8 UC Irvine Law Review 413 (May, 2018) |
Law Review Articles and Other Secondary Sources |
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Copyright was originally intended to serve creators as an engine of free expression, protecting them from the interference of others and from all risk of censorship. To this end, a balance was conceived between exclusive control and freedom in order to enable future creativity. Some uses were kept outside the control of the right owner through... |
2018 |
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| Barak Atiram |
From Brown to Rule 23: the Rise and Fall of the Social Reform Class Action |
37 Review of Litigation 47 (Winter, 2018) |
Law Review Articles and Other Secondary Sources |
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In modern class action lawsuits, we've grown accustomed to clientless representation. Class action attorneys usually initiate the legal suit and assume the active role of determining its claims and requested remedies, while class members remain passive, and in most cases oblivious, to the fact that a legal suit is filed and litigated on their... |
2018 |
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| E. Tendayi Achiume |
Governing Xenophobia |
51 Vanderbilt Journal of Transnational Law 333 (March, 2018) |
Law Review Articles and Other Secondary Sources |
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The problem of xenophobia has gained remarkable notoriety of late, and reports from around the world paint a chilling picture of its virulence, especially where refugees and other involuntary migrants are concerned. How should one understand this global picture of xenophobic contestation and its fallout, and specifically, how should one understand... |
2018 |
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| Minjung (Michelle) Hur |
Hangeul as a Tool of Resistance Against Forced Assimilation: Making Sense of the Framework Act on Korean Language |
27 Washington International Law Journal 715 (June, 2018) |
Law Review Articles and Other Secondary Sources |
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Abstract: Language policies that mandate a government use a single language may seem controversial and unconstitutional. English-only policies are often seen as xenophobic and discriminatory. However, that may not be the case for South Korea's Framework Act on Korean Language, which mandates the use of the Korean alphabet, Hangeul, for official... |
2018 |
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| Pedro Jimenez Cantisano, Mariana Armond Dias Paes |
Legal Reasoning in a Slave Society (Brazil, 1860-88) |
36 Law and History Review 471 (August, 2018) |
Law Review Articles and Other Secondary Sources |
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In 1866, Benta and her daughter Benedicta sued Antonio Silva in the Municipal Court of Atibaia, in the province of São Paulo, Brazil (Figure 1), asking for the legal recognition of their freedom. Although Benta and Benedicta lived as Silva's slaves, their legal status was unclear. Benta's master, Francisca das Chagas, had left in her will one... |
2018 |
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| Archie Zariski |
Mansfield, Atkin, Weinstein: Three Responsive Judges at the Nexus of Law, Politics, and Economy |
67 IUS Gentium 311 (2018) |
Law Review Articles and Other Secondary Sources |
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Abstract This chapter examines a judge's role and function in responding to those unique, but not uncommon, cases which attract public attention to civil litigation normally considered to be of a private nature. It suggests that in such situations judges have an additional responsibility and opportunity to be responsive. The chapter surveys... |
2018 |
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| Christopher C. Ligatti |
Max Weber Meets the Fair Housing Act: "Life Chances" and the Need for Expanded Lost Housing Opportunity Damages |
6 Belmont Law Review 78 (2018) |
Law Review Articles and Other Secondary Sources |
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Introduction. 79 I. Background. 81 A. The Root of Mobility Based Programs in Life Chances Theory. 82 1. Max Weber's Life Chances Theory. 82 2. Neighborhood Effects and the Geography of Opportunity as Understood Through the Lens of Life Chances. 87 3. The Negative Consequences of Low-Opportunity Areas. 88 4. The Benefits of Moving to... |
2018 |
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| Laurel Fletcher, Harvey Weinstein |
North-south Dialogue: Bridging the Gap in Transitional Justice |
36 Berkeley Journal of International Law 218 (2018) |
Law Review Articles and Other Secondary Sources |
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Keynote Address. 218 Introduction. 225 I. Discussion #1. 227 II. Discussion #2. 249 III. Discussion #3. 271 IV. Discussion #4. 294 V. Closing Remarks. 313 Participant Biographies. 317 |
2018 |
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| Kimberly Kessler Ferzan |
Patty Hearst Reconsidered: Personal Identity in the Criminal Law |
15 Ohio State Journal of Criminal Law 367 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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I cannot imagine that there is single criminal law professor or student who does not know Joshua Dressler's name. Between his casebook, his treatise, and his voluminous publications, Dressler's reach has encompassed the entirety of criminal law (and this is ignoring his similar mastery of criminal procedure). Despite the breadth of his reach,... |
2018 |
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| Enrique Boone Barrera |
Property Rights as Human Rights in International Investment Arbitration: a Critical Approach |
59 Boston College Law Review 2635 (November, 2018) |
Law Review Articles and Other Secondary Sources |
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Abstract: The treaty-based regime of investment protection is said to protect the property rights of foreign investors. Arbitral tribunals are usually tasked with settling investment disputes using principles of international law, some of which refer to the doctrine of protection of aliens. These features have led some commentators to compare the... |
2018 |
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| Michael A. Lawrence |
Racial Justice Demands Truth & Reconciliation |
80 University of Pittsburgh Law Review 69 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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The Negro race in America, stolen, ravished and degraded, struggling up through difficulties and oppression, needs sympathy and receives criticism; needs help and is given hindrance, needs protection and is given mob-violence, needs justice and is given charity, needs leadership and is given cowardice and apology, needs bread and is given a stone.... |
2018 |
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| André Douglas Pond Cummings |
Reforming Policing |
10 Drexel Law Review 573 (2018) |
Law Review Articles and Other Secondary Sources |
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C1-2Table of Contents Introduction. 575 I. Historical Evolution of Policing in the United States. 578 II. Connecting History with Current Practices. 583 III. Nationwide Police Reform Efforts Finding Success. 591 A. Policing in a Multiracial Society Project. 591 B. The Use of Force Project. 595 C. Community Policing in Cincinnati. 597 D.... |
2018 |
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| Joyce Rodriguez, Esq. |
Resolving Legal Claims Between the United States and Cuba: Applying International Law Where Diplomacy Alone Falls Short |
14 South Carolina Journal of International Law & Business 143 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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At the heart of the nearly sixty-year-old conflict between the United States and the Republic of Cuba lies the $1.9 billion U.S. claim against Cuba for the mass expropriation of American-owned property and assets in Cuba during the early years of the Cuban revolution. Cuba's socialist revolution and uncompensated expropriation of U.S. property... |
2018 |
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| Eli Keene |
Resources for Relocation: in Search of a Coherent Federal Policy on Resettling Climate-vulnerable Communities |
48 Texas Environmental Law Journal 119 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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I. Introduction 119 II. Introducing Community Relocation 121 A. Community Relocation 122 B. Legal and Financial Obstacles to Community Relocation 125 C. Alternative Policies 127 III. The Missing Question: An Institutional Rationale for Relocation 129 IV. The Possible Rationales for Prioritizing Communities for Relocation 134 A. Federal Indian Law... |
2018 |
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| Kenneth W. Mack |
Second Mode Inclusion Claims in the Law Schools |
87 Fordham Law Review 1005 (December, 2018) |
Law Review Articles and Other Secondary Sources |
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In October 2015, a group of Harvard Law School (HLS) students calling themselves Royall Must Fall announced their presence on both Facebook and Twitter, declaring their solidarity with the Rhodes Must Fall movement --which had called for the removal of a statue of Cecil Rhodes at the University of Cape Town. While the immediate concern of the... |
2018 |
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| Susan D. Carle |
Selected Historical Bibliography on African American Women's Activism (Focusing on 1880 to 1920) |
47 Hofstra Law Review 117 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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At the colloquium, some of the activist/scholars in the room complained about the apparent lack of literature on activism by U.S. women of color in early historical periods. As a participant pointed out, this apparent gap can lead to a lack of inspiration and role models for contemporary lawyer/activists. But this perceived gap in the historical... |
2018 |
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| Andrew Gilden |
Sex, Death, and Intellectual Property |
32 Harvard Journal of Law & Technology 67 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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C1-2Table of Contents I. Introduction. 67 II. IP's Shifting Terrain. 72 A. The Garcia Roadblock. 73 B. Missing Voices. 76 III. Sex, Death, and Non-Traditional IP Assertions. 79 A. Sexual Autonomy. 81 1. Revenge Porn. 82 2. Celebrity Sex Tapes. 87 3. Other Intersections of IP and Sexual Autonomy. 91 B. Death, Mourning, and Legacy. 93 IV. Towards a... |
2018 |
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| Emeka Duruigbo |
Small Tract Owners and Shale Gas Drilling in Texas: Sanctity of Property, Holdout Power or Compulsory Pooling? |
70 Baylor Law Review 527 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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In some sense, oil and gas law in Texas simultaneously strips small mineral owners of their property freedom while affording protection from uncompensated drainage. In another sense, owners of small mineral interests are left at the mercy of oil and gas producers who can drain their resources without compensation. This article proposes the... |
2018 |
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| Olivia Ensign |
Speaking Truth to Power: an Analysis of American Truth-telling Efforts Vis-à-vis the South African Truth and Reconciliation Commission |
42 New York University Review of Law and Social Change Change 1 (2018) |
Law Review Articles and Other Secondary Sources |
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by Forrest Hamer Truth and Reconciliation Commission, South Africa I don't know what kind of man I am. I know it was not hate I felt; It was not the disgust and the stone in my belly. The world is a mystery and they were my question. We were strangers again. The final report of the South African Truth and Reconciliation Commission (SATRC) remains... |
2018 |
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| Jesse Merriam |
Stephen Presser's Love Letter to the Law, in Five Parts Law Professors: Three Centuries of Shaping American Law. By Stephen B. Presser. St. Paul: West Publishing, 2017. Pp. Xii + 486. $48.00 (Cloth) |
33 Constitutional Commentary 71 (Winter, 2018) |
Law Review Articles and Other Secondary Sources |
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This book on law professors, Stephen Presser writes in the Preface, is a love letter to the teaching of law (p. v). But this is no mere love letter. The twenty-four chapters read more like a break-up letter, sounding with each successive chapter the ominous tone of a betrayed lover--more like Søren Kierkegaard's regretful reflections on losing... |
2018 |
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| Alicia LeDuc |
Strategic Alliances as an Impact Litigation Model: Lessons from the Sepur Zarco Human Rights Case in Guatemala |
25 Willamette Journal of International Law and Dispute Resolution 150 (2018) |
Law Review Articles and Other Secondary Sources |
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I. INTRODUCTION. 151 II. THE SEPUR ZARCO TRIAL. 154 A. Historical and Cultural Context of State-Sanctioned Violence Against Indigenous Populations in Guatemala. 154 B. State-Sanctioned Violence Against Civilians at the Sepur Zarco Military Base. 157 C. Aftermath of the Internal Armed Conflict. 163 D. Widows Searching for Justice. 165 E. The... |
2018 |
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| Ana Beduschi |
The Big Data of International Migration: Opportunities and Challenges for States under International Human Rights Law |
49 Georgetown Journal of International Law 981 (2018) |
Law Review Articles and Other Secondary Sources |
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Technology, as the epitome of our contemporary society, permeates the realm of international migration. Migrants and refugees are increasingly using mobile phones and digital features available online to prepare for migration and while on the move. Concurrently, advances in computer science allow for progressively more accurate analysis of the data... |
2018 |
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| Lucy A. Jewel |
The Biology of Inequality |
95 Denver Law Review 609 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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We have known for quite some time that disadvantaged individuals suffer from poorer health outcomes and lower life spans than the advantaged. The disadvantaged do not perform as well on educational tests than their wealthier peers. In some situations, racial discrimination intersects with poverty to worsen these outcomes for minorities. With the... |
2018 |
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| Hiroshi Fukurai, Alice Yang |
The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech |
45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... |
2018 |
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| Dorothy E. Roberts |
The Most Shocking and Inhuman Inequality: Thinking Structurally about Poverty, Racism, and Health Inequities |
49 University of Memphis Law Review 167 (Fall, 2018) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 167 II. Social Inequality and the Structure of Health Disparities. 170 III. How Poverty and Racism Intersect to Produce Health Injustice. 175 IV. Health Disparities and Biological v. Structural Explanations of Inequality. 178 V. Conclusion. 181 |
2018 |
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| Ori Aronson |
The next Forty Presidents |
24 William and Mary Journal of Women and the Law 235 (Winter, 2018) |
Law Review Articles and Other Secondary Sources |
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A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women... |
2018 |
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| Scott L. Cummings |
The Social Movement Turn in Law |
43 Law and Social Inquiry 360 (Spring, 2018) |
Law Review Articles and Other Secondary Sources |
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The rise of social movements in US legal scholarship is a current response to an age-old problem in progressive legal thought: harnessing law for social change while maintaining a distinction between law and politics. This problem erupted in controversy around the civil rights-era concept of legal liberalism defined by activist courts and lawyers... |
2018 |
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| Jochen von Bernstorff |
The Use of Force in International Law Before World War I: on Imperial Ordering and the Ontology of the Nation-state |
29 European Journal of International Law 233 (February, 2018) |
Law Review Articles and Other Secondary Sources |
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This contribution builds on the assumption that the largely unregulated employment of force practised by Europeans outside of central Europe in the last decades before World War I, between 1914 and 1918, for the first time developed its full destructive potential in a catastrophic war between industrialized Western countries. It focuses on... |
2018 |
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