Yale Law Journal: Volume 125, Number 2 - November 2015


Book Description

The contents of the November 2015 issue of the Yale Law Journal (Volume 125, Number 2) include: Articles • "The Un-Territoriality of Data," by Jennifer Daskal • "Political Entrenchment and Public Law," by Daryl Levinson & Benjamin I. Sachs Review • "18 Years On: A Re-Review," by Richard A. Posner Note • "Financing the Class: Strengthening the Class Action Through Third-Party Investment," by Tyler W. Hill Comment • "Law Enforcement and Data Privacy: A Forward-Looking Approach," by Reema Shah Quality ebook formatting includes fully linked footnotes and an active Table of Contents (including linked Contents for individual Articles and Notes), proper Bluebook formatting, and active URLs in footnotes. This is the second issue of Volume 125, academic year 2015-2016.




Warriors and Scribes


Book Description

Anglo-America has possessed neither a uniform imperialist vocation, nor the consistent capacity to impose it.




Plasticity Into Power


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Volume 3 of Politics, a work in constructive social theory.




Negative Liberties


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DIVA revisionary view of the history of liberalism in the USA, and an assessment of its viability in the present./div




Of Law and the World


Book Description

A searching dialogue between two leading legal scholars exploring the place of law in global affairs. The modern world is legalized: legal language, institutions, and professionals are everywhere. But what is law’s power in global life? What does all this legality have to do with hegemony, with hierarchy and inequality, and with the diversity of human experience? What is its history and how does that history matter in world affairs? Above all, what does it mean to think “critically” about law and global affairs? In this poignant and iconoclastic book, two leading scholars take us to the heart of the matter, examining law’s relationship with history, power, and political economy. David Kennedy and Martti Koskenniemi have often inspired each other and are both considered “critical” voices in international law, but they have never explored their similarities and differences as deeply as they do here. Of Law and the World takes the form of a conversation, as the authors reflect on the study of international law, the motivations underlying their research, and the payoffs and limitations of their investigations into law’s role in global affairs. They revisit and renew debates about the past and future of the many legalities that shape our world. Erudite, open-minded, and informed by decades of experience and observation, Of Law and the World is an unflinchingly honest confrontation with humanity’s struggle to live together.




Coexisting Contemporary Civilizations


Book Description

Some important questions are discussed in this book: Are there any civilisations other than the Western one living in our so-called Global-Age? 'Eastern civilisation'? Is the concept of East anything more than non-West? Or does there exist, in reality, a distinct Chinese, Indian, Arabo-Muslim, and Western civilisation? Is the construction of large civilisation-states such as China and India an unparalleled historical achievement? Do economic ties always eclipse other forms of affiliation such as those formed through kinship or between speech communities? What is the role of the 'Latin' and the Jewish Peoples in our Anglo-American-led Western world? Is English today the global language or merely an international one? Is the Chinese thought pattern closely related to its writing system? Is today's world one of (symmetrical) interdependence? Or rather one of hegemony? If the so-called North-South or East-West dialogue fails in constructing a universally accepted world civilisation, then what is the appropriate arrangement for reaching such a consensus within humankind?




Why Nations Fail


Book Description

Brilliant and engagingly written, Why Nations Fail answers the question that has stumped the experts for centuries: Why are some nations rich and others poor, divided by wealth and poverty, health and sickness, food and famine? Is it culture, the weather, geography? Perhaps ignorance of what the right policies are? Simply, no. None of these factors is either definitive or destiny. Otherwise, how to explain why Botswana has become one of the fastest growing countries in the world, while other African nations, such as Zimbabwe, the Congo, and Sierra Leone, are mired in poverty and violence? Daron Acemoglu and James Robinson conclusively show that it is man-made political and economic institutions that underlie economic success (or lack of it). Korea, to take just one of their fascinating examples, is a remarkably homogeneous nation, yet the people of North Korea are among the poorest on earth while their brothers and sisters in South Korea are among the richest. The south forged a society that created incentives, rewarded innovation, and allowed everyone to participate in economic opportunities. The economic success thus spurred was sustained because the government became accountable and responsive to citizens and the great mass of people. Sadly, the people of the north have endured decades of famine, political repression, and very different economic institutions—with no end in sight. The differences between the Koreas is due to the politics that created these completely different institutional trajectories. Based on fifteen years of original research Acemoglu and Robinson marshall extraordinary historical evidence from the Roman Empire, the Mayan city-states, medieval Venice, the Soviet Union, Latin America, England, Europe, the United States, and Africa to build a new theory of political economy with great relevance for the big questions of today, including: - China has built an authoritarian growth machine. Will it continue to grow at such high speed and overwhelm the West? - Are America’s best days behind it? Are we moving from a virtuous circle in which efforts by elites to aggrandize power are resisted to a vicious one that enriches and empowers a small minority? - What is the most effective way to help move billions of people from the rut of poverty to prosperity? More philanthropy from the wealthy nations of the West? Or learning the hard-won lessons of Acemoglu and Robinson’s breakthrough ideas on the interplay between inclusive political and economic institutions? Why Nations Fail will change the way you look at—and understand—the world.




The Rise of Post-Modern Conservatism


Book Description

This book is designed as a timely analysis of the rise of post-modern conservatism in many Western countries across the globe. It provides a theoretical overview of post-modernism, why post-modern conservatism emerged, what distinguishes it from other variants of conservatism and differing political doctrines, and how post-modern conservatism governs in practice. First developing a unique genealogy of conservative thought, arguing that the historicist and irrationalist strains of conservatism were ripe for mutation into post-modern form under the right social and cultural conditions, then providing a new unique theoretical framework to describe the conditions for the emergence of post-modern conservatism, The Rise of Post-modern Conservatism applies its theoretical framework to a concrete analysis of the politics of the day. Ultimately, it aims to help us understand the emergence and rise of identity oriented alt right movements and their “populist” spokesmen particularly in the United States, the United Kingdom, Hungary, Poland, and now Italy.




Law and the Order of Culture


Book Description

Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines. Law and the Order of Culture is an outstanding collection of essays that explores the cultural creation of legal meaning, addressing interpretive processes within the law as well as the social constitution of legal doctrine. Originally published in Representations, these essays are at the center of the "law and literature" movement which exemplifies a burgeoning literature in feminist jurisprudence, critical legal studies, and other work that has focused on law as evidence of cultural orderings. For this edition Robert Post has written a new introduction, proposing an analytic framework for this literature and discussion of the seven essays contained within the book. Ranging over a variety of interdisciplinary perspectives, the contributors to the volume address such central issues as the construction of legal normativity, interpretive theory and practice in constitutional law, the function of legal metaphors, the interpretive foundations of the law/fact distinction, and the role of politics in contemporary critical legal studies. Law and the Order of Culture will attract a broad and eclectic readership across many disciplines.