Informal Constitutional Amendment as an Argument Against Court Packing
In: Cardozo Law Review, Forthcoming
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In: Cardozo Law Review, Forthcoming
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In: Washington & Lee Legal Studies Paper No. 2015 - 23
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Working paper
In: Washington & Lee Legal Studies Paper No. 2015 - 21
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In: Washington & Lee Legal Studies Paper No. 2015 - 19
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In: Washington & Lee Legal Studies Paper No. 2015 - 20
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In: Washington & Lee Legal Studies Paper No. 2015-27
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Working paper
In: Kentucky Law Journal, Band 101
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In: 39 Cap.U.L.Rev. 51 2011
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In: DREXEL LAW REVIEW, Band 4
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In: Catholic University Law Review, Vol. 63 (Forthcoming)
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In: 29 Harvard Journal on Racial & Ethnic Justice 95, Spring 2013
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In: Society and natural resources, Band 25, Heft 2, S. 127-140
ISSN: 1521-0723
In: Humanity & society, Band 31, Heft 2-3, S. 248-259
ISSN: 2372-9708
In America mobility is seen as a measure of success, especially for persons born in rural areas, who are assumed to want to "move on up" as soon as possible. This pressure toward both social and spatial mobility is especially strong when the birthplace is an oppressed region such as Appalachia. Ironically, while the rest of the world has disowned Appalachia, the residents of the mountains have repeatedly proclaimed the significance of cultural investment in land. This article approaches the concept of place, illuminating several variations on the theme, while particularly illustrating the strength of place claimed by Appalachia.
In: Humanity & society, Band 31, Heft 1, S. 108-122
ISSN: 2372-9708
During genocide, populations are frequently displaced from their homelands. In the process of reparations, displacement is often viewed as a problem of shelter, food, and safety. In this framework, land is treated as an economic commodity—any given piece of land is interchangeable with another or for money. This approach is a product of Enlightenment thinking, which emphasizes the rights of the individual over communal rights to land, and conceptualizes land and social identity as strongly separated. This Enlightenment framework of rights, and the accompanying de-emphasis of place, is particularly strong in the United States. Because American legal principles have played a substantial role in the development of human rights laws internationally, there are global implications for how American courts understand land and displacement. By examining Native American claims for land and sovereignty, this essay explores the philosophical and legal understandings of land and culture that are endorsed by American courts. The themes found in American litigation of indigenous land claims are likely to permeate American foreign policy and our involvement in reparations issues internationally. If the American de-emphasis of land continues internationally, effective reparations are unlikely. Homelands are not an interchangeable economic commodity precisely because social identity is not separate from land, but rather rooted firmly in a particular place. When victims of genocide are able to reclaim homelands, there is the possibility of truly effective reparations, particularly achieving the goal of stabilizing and repairing social identity.
In: Peace review: the international quarterly of world peace, Band 19, Heft 3, S. 365-370
ISSN: 1040-2659