Whose World and How?

A Review of Rethinking the American Race Problem by Roy L. Brook

Introduction: Symposium on Native American Law

The Symposium gathered here is a wonderfully illuminating core sample of contemporary legal scholarship on the relationship between the American government and Native Americans

Ironies of Intervention

I have detected in our deliberations this afternoon two ironies. The first is this: the dissentient receive more protection as enemies than as citizens. As we have heard today, there is greater opportunity for the assimilation of humanitarian law if the sides engaged in internal conflict are regarded as combatants and not as fellow citizens. With the application of the law of armed conflict comes the prospect that the opponents may observe some degree of mutual respect. Such dignity as the law accords thus becomes a function of formalized hostility rather than of civil affection, of open distrust rather than assumed trust. It is an odd lesson for law to teach--better enemy than friend. The second irony emerging from this afternoon\u27s session is this: the opening to the civilizing influence of humanitarian law is also an opening to the uncivil involvement of other states. When internal struggles become the combat of enemies, they invite the assimilation of international humanitarian law of armed conflict. But then they also, at the same time, justify the intervention of states. With the intervention of other states comes the transformation and escalation of hostilities. Exactly opposing tendencies depend upon the same occasion of externalizing internal conflict

Power from the People

A Review of Rebellious Lawyering: One Chicano\u27s Vision of Progressive Law Practice by Gerald P. Lópe

Onward Constitutional Soldiers

A Review of Constitutional Faith by Sanford Levinso

Stories of Origin and Constitutional Possibilities

Robert Cover once observed how [n]o set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution there is an epic, for each decalogue a scripture. Stories of origin locate law, invest it with legitimacy, and so lend it stability. As Cover went on to note, however, the narratives that legitimate a legal order also retain revolutionary force, for a return to the originating acts recounted in the narratives is always possible. A polity begun in revolution remains subject to revolution. There is an American story of origins. It is a good story. And a useful one. It legitimates the Constitution and gives it meaning. It supports the authority of the republic and helps to secure the foundations. It has also proved, at times, wonderfully transformative, helping to augment the foundations and expand the legal order to embrace those who were formerly excluded. There is abundant reason to celebrate the story of the founding, to retell and employ it, and to affirm it and its regenerative as well as conservative powers