“Make the Ring in Your Mind” (book review)

aking All the Difference, by Martha Minow, promised to render the multiple differences of race, gender, disability, and orientation, part of a whole discourse on difference. In this, the book is a success. Yet, the contradiction which Minow’s ideas play with her genre is bothersome. It is not that her way of writing is not valuable. Minow is remarkably lucid. But what she names at the outset—a relational approach, with a sensitivity to boundaries—she does not deliver. That conundrum, and why it seems to be—but is not—the unavoidable dilemma of the gifted female scholar in law today, is worth investigating

Saving the News: Why the Constitution Calls for Government Action to Preserve Freedom of Speech by Martha Minow

In Saving the News, Martha Minow, former Dean of the Harvard Law School and the 300th Anniversary University Professor at Harvard University, analyzes how the rise of internet platforms and social media has led to a decline in the viability of the American press and the spread of misinformation. Arguing that a viable press is fundamental to a constitutional democracy, Minow makes a case for the need for change and outlines the legal basis and specific policy initiatives that could be instituted to remedy the failures of the contemporary ecosystem of the news. She does so while navigating the potential constitutional barriers to such reforms imposed by the judiciary’s current libertarian interpretation of the First Amendment. In addition, she advocates for government action to combat the technological developments that are currently eroding the trust, production, and distribution of the news

Law and Justice are not Always the Same : Creating Community-Based Justice Forums for People Subjected to Intimate Partner Abuse

What constitutes justice in cases involving intimate partner abuse has historically been determined not by the person subjected to abuse, but rather an actor within the legal system—a police officer, a prosecutor, an advocate, or a judge—and those individuals most often define justice in terms of what the legal system has to offer. People subjected to abuse may conceive of justice quite differently, however, in ways that the legal system is not well suited to address. For people subjected to abuse who are interested in punishment, whose goals are congruent with the legal system’s goals of safety and accountability (as defined by the state), and who are willing to use state based systems, society offers a response: the criminal justice system. Imperfect though that response might be, in theory it meets the justice needs of some people subjected to abuse. For people who are more interested in healing and are willing to work through state systems, society also offers a response, albeit a more limited one: restorative justice. But for those who are not interested in a state-based response, little by way of justice exists for people subjected to abuse. This article seeks to fill that void by suggesting the development of community based forums to deliver justice. In her 2003 article, Battering, Forgiveness and Redemption, law professor Brenda Smith suggested a number of alternative models that might be used to address intimate partner abuse. Building on her work, and recognizing that there are parallels between the experiences of people seeking justice for violations of human rights and people subjected to intimate partner abuse, this article borrows from the structures used to find justice after atrocity, including truth commissions and community-based courts, to flesh out what community-based justice forums to address intimate partner abuse might look like. The article imagines how international human rights processes might productively inform efforts to create new alternatives for finding individualized justice, voice, validation and vindication outside of the criminal justice system and considers the crucial questions that such a radical reimagining of justice provision raises--about the role of the state, the problems of gendered justice, the existence of community, and the provision of resources