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Since the rise of the behavioralist revolution in the 1950s and 1960s the political science discipline has struggled to find agreement on a uniform vision of the study of politics, particularly as it relates to the employment of methods. This article addresses behavioralism's influence on the decline of public law analysis in the field of presidential studies. Specifically, it focuses on the work of presidential scholars Edward Corwin and Richard Neustadt in highlighting the changes to the study of the presidency. Attention is also paid to the decline of normative types of public law analysis. The article concludes with a call for greater acceptance, and practice, of public law analysis. [ABSTRACT FROM AUTHOR]

This article researches the medialization of research policy in Germany. The concept of medialization focuses on adaptation processes by the micro (individuals), meso (organizations), and macro levels (social systems) of society to the logic of (mostly journalistic) mass media. Below, the focus lies on how decision makers in the field of research policy perceive the journalistic logic as well as adaptation processes to this logic in their fields of expertise and their organizations. The study is based on 35 semistandardized interviews with stakeholders in organizations from politics, science, and research funding. [ABSTRACT FROM AUTHOR]

This article seeks to create a historical contextualization of the first female law professor in America, Helen Silving-Ryu (1906–1993). Relying on Pierre Bourdieu’s work on the social and historical determinants of cultural production, this article situates Silving in her days at the University of Vienna as one of the first six female students to be admitted and as the only female scholar to be mentored by Hans Kelsen (1881–1973). Much of this article deals with Kelsen’s importance to Silving’s intellectual development, particularly because they worked together again in Harvard after both escaped National Socialism. Despite Silving’s later academic contributions and successes, her history has received little attention from the legal discipline by and large. Apart from recovering Silving’s voice, through what she calls ‘Acts of Providence’, this article also shows why, and more importantly how, Silving – and thus also a part of Kelsen’s history – has been forgotten. [ABSTRACT FROM PUBLISHER]

The article aims to contribute from a history of science angle to the recent debate on the relation between legal scholarship, utopian ideals, and practice, which was spurred by the EJIL Symposium on Antonio Cassese’s ‘Realizing Utopia’ and subsequent publications in this journal. It defends a conception of legal scholarship that keeps a reflexive distance vis-à-vis practice and current political trends in international relations. It focuses on traditional background assumptions of international legal scholarship, which constantly threaten this reflexive distance. Arguably these background assumptions are a 19th century legacy and today – in a context of fragmentation and globalization – stand in the way of developing the full potential of international legal scholarship as a medium of societal reflection. The classic role of the scholar as a law reformer in the current context turns out to be more problematic than it may have been in the past. Inspired by Kelsenian concerns and Nietzschean metaphorics, the article instead suggests that international legal scholarship functions as a cooling medium for the overheated discursive operations of the political, economic and legal subsystems of World Society. [ABSTRACT FROM PUBLISHER]

The article focuses on the Great Depression and the Depression-era Law School Crisis during 1929-1939. Topics discussed include practical training, theoretical research and the appropriate length of law school, the economic crisis of the Great Depression and the differentiated courses of legal study offered at law schools. It mentions the two year masters as well as three year doctorate in law or J.D. curriculum introduced at law schools along with the history of legal education.

In the world ofconstitutional law, theory and practice are moving in opposite directions. As a matter of legal practice, since the end ofthe Second World War a groundbreaking constitutional paradigm has emerged. This paradigm integrates (1) a constitution that exhaustively establishes the conditions for the valid exercise of all public authority, (2) a constitutionally entrenched bill of rights that delineates the right of persons, by virtue of their dignity, to just governance, and (3) a politically independent judicial body to which any individual can bring a constitutional complaint challenging the validity of any exercise of public authority that violates a constitutional right. As a matter of theoretical justification, however, this phenomenon remains enigmatic. Its defenders often argue that modern constitutionalism is justified because it contributes to the realization of some morally desirable outcome, for example, elevated levels of public debate or just decisions. Such justifications are open to a devastating skeptical challenge: The various benefits that constitutionalism is purported to bring may be realized in its absence, while the presence of constitutional arrangements provide no guarantee that the benefits will accrue. This essay formulates a justification of modern constitutionalism that is not vulnerable to this objection. Instead of justifying modem constitutionalism by appealing to benefits that could be achieved in its absence, the author argues that modem constitutionalism is a systematic response to a moral problem involving public authority that every legal system must address, but that cannot be addressed apart from the legal and institutional structure of a modem constitutional state. The problem-common to all precursors of modern constitutionalism-is not that the government necessarily exercises public authority in a manner that violates the human dignity of the ruled, but that in the event of a violation one or more persons are left without legal recourse. To address this problem, one requires a legal and institutional structure that enables any individual to challenge the validity ofany exercise of public authority by raising a constitutional complaint. This is exactly what the modem constitutional state-and only the modern constitutional state-provides. [ABSTRACT FROM AUTHOR]

The article reflects on the development of an American Indian political theory for their existence in the 21st century. It highlights the principle for the diversity or place of indigenous people as well as concern on the value and understanding for these people. It also emphasizes the need of inclusive participatory democracy to achieve the best society and equal vote for all people.

The article presents the author's views regarding the experiences on topics about Indian self-determination, contribution to indigenous self-determination and urban-rural domain of Indian self-determination. The author presents an overview on the federal policy applied for native people on the aspects of de-colonization involving limited and incremental empowerment. The author also reflects on the impact of education as a helping process for indigenous people's priorities and values.

Emotions are not only expressed but also learned through the body. The body is not the opposite of culture, but a site where culture is played out. This requires a new emphasis on space and spaces. Bodies are necessarily situated in space, and they bear the imprint of the spaces they are moving through and have moved through. Mediated by the body and its senses, different spaces become linked to different emotions. This relation is neither random, nor is it given once and for all: the connection between an emotion and a particular space can change over time, and the same spaces can trigger off vastly divergent emotions in various people. This article discusses the importance of material objects in shaping emotions; it suggests temporalization as the central category to link materiality with knowledge and practices. It then proceeds to a number of case studies related to the built environment of Delhi to show what such an investigation could look like. [ABSTRACT FROM AUTHOR]

The article presents an obituary for professor and legal scholar Jacobus Thomas de Smidt, a member of the editorial board of "Tijdschrift."

The concept of the constitutional revolution has become ubiquitous, but it is applied to all manner of things that are unlike each other in notable ways. It has been generously applied to events in such far-flung places as South Africa, Eastern Europe, Great Britain, India, Canada, Iran, Israel, and the United States. Despite its oxymoronic character, it has the potential to illuminate a much-vexed subject of scholarly inquiry. This article seeks to sharpen conceptual clarity in the way we depict constitutional change, specifically that species of change that entails significant breaks or departures in the workings of the constitutional order. [ABSTRACT FROM AUTHOR]

Herbert Kraus (1884–1965) is among the forgotten international lawyers of the 20th century. Kraus took part in a number of developments of great importance for the shaping of modern international law: he participated in the drafting process of the Versailles Peace Treaty and the Treaty on the European Coal and Steel Community and acted as defence counsel at Nuremberg. The founding director of the Institute for International Law at the University of Göttingen was forced to retire between 1937 and 1945 due to his criticism of National Socialism. The post-war perception of his work was coined by his forced retirement. However, his work between 1933 and 1937 sheds light on the dilemma of choosing between opposition and adjustment that Kraus was faced with during that period. This article re-introduces Kraus – a complex German character of international law – and the main features of his work. [ABSTRACT FROM PUBLISHER]

Proportionality is one of the most successful legal transplants. However, there is disagreement on whether there is any justification for the migration of proportionality across jurisdictions. This article aims to answer this question concerning the migration of proportionality across Europe. Existing literature justifies this migration as a matter of conceptual necessity. The claim is that there is a necessary conceptual connection between constitutional rights and proportionality such that proportionality must be used whenever and wherever constitutional rights adjudication exists. In contrast, this article offers a normative justification for borrowing proportionality. A variety of reasons can justify a migration of proportionality to a new context. However, there is a common denominator between the different migrations, namely, that proportionality is normatively necessary for the adjudication of constitutional rights. [ABSTRACT FROM AUTHOR]

The article discusses the principle of Ireland's judicial review as a distinct legal subject from civil procedure and adjectival law, in writing, teaching and scholarly analysis, based on the book "Administrative Law in Ireland" by David Gwynn Morgan and Gerard Hogan. It notes the Irish jurisdiction of the principle that is further distinguished by the concept of constitutional justice. It also defines judicial review as distinct from the administrative law.

Responses to the deliberately provocative title are contextualised within this writer's research findings to date concerning the Allied investigation and prosecution of 'minor' war crimes trials after WWII. From these the writer considered the survival of certain categories of Nazi thought, permitting some critical legal theorists to admit the Nazi Carl Schmitt and his anti-liberal concept of 'concrete orders' into its canon of critical texts. In this, some theorists appear concerned more with testing or searching for a 'pure idea' of law than noting a moral absence within such legal scholarship. That is, the nature of the transgressive, taboo-breaking, politically and culturally sanctioned behaviour of the Nazi state to which Schmit and others contributed. In order to widen this debate this work considers neglected alternative contemporary and co-existing legal and cultural norms revealed in the actions of Allied soldiers prosecuting Germans and others for appalling breaches of legal and human rights. The work follows an original methodology in drawing upon research into the actions of individuals, British soldiers, of Nazi theorists and of the German post war population's silence. Its aim is to recontextualise Schmitt's work within his very political commitment to the Nazi cause. This article further suggests that decency, understood as a personal sense of justice within shared cultural and political values, serves as an alternative if less elegant framework to counter the tendency of legal theory to devalue the human. A further question thus emerges: do some strands of modern theory, as occurred under Nazi rule, collude in this devaluation by failing to acknowledge and validate positive human cultural values as a defence against perverse political pressures that lead inevitably to the corruption of legal process and law itself? [ABSTRACT FROM AUTHOR]

This article probes the relationship between archives and history by examining the archive policy on historical research in the first modern administration state of the German lands, the kingdom of Bavaria. Given the continuing tradition of the theory and practice of the arcana imperii in the 19th century, state archives served first and foremost the state. As a result, researchers’ interest in archival material was to undergo an administrative vetting procedure, in order to safeguard the interests of the state. By examining comparatively the cases of two petitioners supplicating for the historical use of state archives in Munich, the article showcases the policy of secrecy and the resultant administrative threshold separating the sphere of the arcana from the public. Caution guided the archive politics of state officials and, ultimately, their more or less explicit notions and concerns decided which material was finally to be released, in order to become a ‘source’ for historical study. Historical researchers such as the writer Alessandro Volpi and the historian August Kluckhohn were thus required to meet specific criteria and to overcome political hurdles, in order to gain access to the desired clues guarded by the state. As a result of this, the opportunity to inspect archival material was very much dependent on the political communication between petitioner and government, and its result, the granting or denial of access, was not without ramifications for historical research and the epistemic status of historical knowledge. [ABSTRACT FROM PUBLISHER]

This article investigates the emergence of the archive as the primary venue for the production of historical knowledge in the 19th century. The turn to archival research, the article argues, may be considered as a response to the discussions about the problems of testimony that dominated 18th- and early 19th-century German writings on the methodology and epistemology of historical research. These discussions, especially regarding the epistemic virtues of witnesses, also helped create the particular culture of knowledge-making within German historical scholarship that enabled the archival turn. The article illustrates these developments through the examples of Johann Peter von Ludewig, who was one of the most prominent historians of the early German Enlightenment, and Leopold von Ranke, who is normally considered the founder of the modern historical discipline and the most important advocate of the 19th-century archival turn. [ABSTRACT FROM PUBLISHER]

Since the entry into force of the Grundgesetz (GG), the Federal Republic of Germany’s constitutional law in the economic field oscillates around the idea of Soziale Marktwirtschaft (social market economy), which the GG does not explicitly include but which finds its way into the economic constitution via fundamental economic rights. Beneath constitutional theory, it is the concept of regulation that has been introduced into German administrative law in a differentiated and interesting process of legal “importation” using European Union law as a means of transmission. Regulation in this sense poses great challenges at both the constitutional and administrative levels concerning basic theoretical and practical issues. Furthermore, its internal and external limits lead to the question of how to address the ever growing plea for a return of state activity to the economy. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the editor discusses various essays within the issue on topics including the conspicuous feature of the Euro-American cultural landscape, a genre visible in contemporary narrative fiction and interaction between postcolonial literatures and monumentalism.

This paper explores representative environmental action in international, European Union, and German environmental law as an example of "legal translation." The Aarhus Convention, dating from 1998, requests signatory parties to provide environmental NGOs with wide access to justice so that the protection of the environment can be controlled by the judiciary. Both the European Union and Germany have implemented the provisions of the Aarhus Convention into their respective legal orders. This process of implementation can be considered as "legal translations." The argument of this paper is that a perspective of "legal translation" provides new vistas on the various intertwined layers of law constituting transnational environmental law. First, the example of representative environmental action shows how important context is for legal translations: the traditional German "impairment of rights doctrine" (Schutznormtheorie), historically developed in the nineteenth century, has still major importance in German administrative law and has to be taken into account when translating the Aarhus Convention. Secondly, legal translations take place in judicial hierarchies: both the Court of Justice of the European Union and the Compliance Committee of the Aarhus Convention have ruled upon Germany's translation of representative environmental action and found it wanting; yet, the picture is much more complex and nuanced than the usage of "hierarchy" suggests, as a closer look reveals. Thirdly, literal translations are the basis of legal translations: in transnational law, multiple languages have to be literally translated, both on a European and an international level. Fourthly, the example of representative environmental action demonstrates the persistence of national peculiarities: after all, national peculiarities cannot too easily be overcome or abandoned; rather, they continue to play a significant role in transnational law. [ABSTRACT FROM AUTHOR]

This article mentions some academic events of the past decade and some relevant publications on the topic of fraternity, with the goal of offering a direction in preparation for the appointment on the 11-13 of March, 2013, «Fraternity as Relational Principle, in Law and Politics »; Sophia University Institute, Loppiano (Florence). [ABSTRACT FROM AUTHOR]

In recourse to the theory of fundamentalism Islamism can be defined as a form of 'other' or 'halved modernity.' Therefore Islamism politicizes the understanding of Islam and has been described often as a 'politicized religion'. But it is further be necessary to differentiate clearer between Islamist tendencies of traditionalism and totalitarianism: On the one hand there is the aim to restore the 'naturalness' and purity of a pre-modern, monistic world. On the other the ideology of a specific revolutionary type of Islamism can be described partially as totalitarian, gnostic and messianic or defined as a 'modern political pseudo-religion', diametrically opposite to the spirit of the traditional religions such as Christianity, Judaism or Islam itself and rather comparable with ideologies such as Marxism-Leninism, Fascism and National Socialism. To answer the question whether the revolutionary Islamism is a politicized or political (pseudo-)religion, this essay applies Eric Voegelin's Theory of 'political religion' to the revolutionary global Islamism expressed by the al-Qaeda terrorist movement. [ABSTRACT FROM AUTHOR]

This a review article of Martin Loughlin, Foundations of Public Law (Oxford: Oxford University Press, 2010). The promise of the book is that the retrieval of public law understood as a prudential discourse of public right will show us how liberal democratic societies have learned to negotiate between the horns of the fundamental dilemma Loughlin supposes we face. This is the dilemma articulated by Rousseau: on the one hand, a society has to take deliberate steps to produce through law free citizens in order to ensure that it is one in which freedom endures, while, on the other hand, such steps create the danger of 'bureaucratic oppression' of the sort that produces a society composed of chiefs and slaves. However, at the end of the book, Loughlin suggests that the dilemma has been resolved and that we are in danger of finding ourselves living, or perhaps even are already living, in the society of chiefs and slaves. And if the idea of public right is retrieved only to show that it is either moribund or dead, we have reached the end of what FA Hayek called in 1944 'the road to serfdom.' I argue that Loughlin comes to this surprising conclusion because of a fundamental flaw in his argument about the rule of law, in which he both reduces the rule of law to an instrument of power and suggests that it has to fail on its own terms. [ABSTRACT FROM AUTHOR]

An exercise in comparative legal history and legal theory, this article challenges the radical distinction that traditionally has been drawn between corporate criminal liability in German and Anglo-American law. In the familiar account, corporate criminal liability in the common law and the civil law passed each other like ships in the night, sometime around the turn of the nineteenth century: the common law had no corporate criminal liability before 1800, and the civil law had no corporate criminal liability after 1800. Closer inspection, however, reveals that corporate criminal liability was widely accepted in both common law and civil law countries at least since the Middle Ages, and that rejection of corporate criminal liability was complete neither in England before 1800 nor in Germany aider 1800. [ABSTRACT FROM AUTHOR]

The article discusses the theoretical and practical difficulties associated with importation of proximate cause principles into employment discrimination law. It states the inclusion of common law concept in the Uniformed Services Employment and Reemployment Rights Act (USERRA) by the Supreme Court. It provides information on the U.S. Supreme Court's decision in Staub v. Proctor Hospital. It mentions that proximate cause have no descriptive power and depend on tort to which it is attached.

This article originally was written in honour of the memory of Lord Cooke. At one level it seeks to identify the principal differences between judicial review in New Zealand and Australia and to explain how and why the Australian position is affected by the Australian Constitution. To this extent, the article also demonstrates that Australia is one of a growing number of states in which administrative law is constitutionalised to a significant degree, although in Australia this is a consequence of the organisation of public power, rather than the product of a right to administrative justice. More fundamentally, however, the article uses a comparison of judicial review in New Zealand and Australia as a case study through which to explore several themes in comparative public law. On the face of it, New Zealand and Australia are similar countries with broadly similar systems of public law that might be expected to converge further, given the close links between them and the effects of globalisation. In fact, however, their systems of judicial review have diverged, in matters of important detail, in response to contextual differences between the two countries, of which the Australian Constitution is only one. The article notes that this development in turn has implications for the methodology of the citation of foreign law in administrative law cases, although it should not affect the practice itself, which has enriched the law in both countries and should continue to do so. [ABSTRACT FROM AUTHOR]

This article retraces the debate on the assimilation of submarine warfare with piracy that arose with the Washington Treaty of 1922 and culminated with the Nyon Agreement of 1937. It argues that the rejection of the superior orders defence at Nyon, together with the enforcement of anti-piracy international police measures, represented the first concrete breach of the international legal taboo that the public enemy cannot be criminalized. It also argues that the presence of an ‘enemy of mankind’, as denied by Carl Schmitt and asserted by Hersch Lauterpacht, played a significant role in this process by motivating international co-operation and justifying collective recourse to force. With reference to the current debate on terrorism, the article problematizes recent attempts to establish an analogy between historical pirates and contemporary terrorists. [ABSTRACT FROM PUBLISHER]

This article proceeds in three steps. First it draws out some possibilities for a study of emotions and discusses how advice literature can be used as a source, not only for feeling rules, but also for emotion knowledge, which sets the framework for the possible perception and expression of emotions. Second it places advice literature in early twentieth century India in its historical context, looking notably at the different traditions for giving advice, from which authors drew: moral philosophy, the Sufi tradition and legal sources. Third it focuses on two sermons on anger which one of the most prolific Urdu writers, the reformer and Sufi Ashraf Ali Thanawi, addressed to a male and a female audience respectively. [ABSTRACT FROM AUTHOR]

In the second half of the 20th century the Hungarian legal system was classified as a member of the Socialist legal family. Due to the changes of 1989-90, the Socialist order ceased to exist and the Soviet Union fell apart. During the last twenty years Hungarian society as well as the legal system has gone through a significant change. After twenty years of continuous legislation, which resulted in a basically different legal system, the most important question is how the fundamental features of Hungarian law could be described. In order to provide information for foreign lawyers on the actual place of the Hungarian legal system among the great legal systems of the world - after a short overview of the Hungarian legal history - this essay gives a comparative summary of the main elements of the constitutional, civil and commercial law, the judicial organisation and the legal education of the country. [ABSTRACT FROM AUTHOR]

A list is presented of the law theses and papers deposited in the law library at the Victoria University of Wellington in New Zealand including "Accident or Tragedy?: Compensation for Suicide and Self-Inflicted Injuries Under the ACC Scheme," by Michael Bell, "Pregnancy Following Failed Sterilization Under the Accident Compensations Scheme," by Yasmin Moinfar, and "Community Justice," by Annina Boehm.

The Supreme Court began its 2009 Term by addressing the constitutional rights of corporations. It ended the Term by addressing the incorporated rights of the Constitution. In Citizens United v. Federal Election Commission, a five-member majority of the Court held that corporations have a First Amendment right to spend their own money on political advocacy. A corporation generally is no different than a natural person when it comes to the First Amendment--at least as it relates to political speech. In McDonald v. City of Chicago, a plurality of the Court held that the Second Amendment to the United States Constitution is incorporated through the Due Process Clause and applies to states and municipalities. Neither the federal government nor states may prevent persons from keeping and bearing arms in their homes for self-defense. Given this new world in both senses of incorporation, the time has come to explore the issue of Second Amendment rights and the corporate form. This Article will offer an analysis of the potential Second Amendment rights of the corporation. And it will, in the process, provide a more systematic critique of corporate constitutional rights in general. [ABSTRACT FROM AUTHOR]

The previous Westminster criminal justice system entailed a different kind of separation of powers insofar as it concerns the role of state prosecutors. In the Westminster system prosecutors are part of the executive branch, whereas they were a split-off from the judiciary in constitutional states and function like a de facto second organ of the third branch of state power. Currently executive interference in state prosecutions often leads to pre-trial inequality. A further difficulty arises from the unconsidered manner in which the former royal prerogative of pardoning was retained in the Constitution of the Republic of South Africa, 1996. It used to be a royal veto of judicial sentences in the constitutional monarchy of the former Westminster model. Although the corresponding veto of parliamentary legislation by the head of state did not survive into modern times, the pardoning power has not been discontinued. Section 84(2)(j) thus causes an irreconcilable conflict with section 165(5) of the Constitution which guarantees the legally binding force of judicial decisions. It undermines the rule of law and leads to post-trial inequality in the execution of sentences. The parole system, which dates back to 1959, likewise allows the executive to overrule judicial sentences and is in conflict with section 165(5). The perpetuation of the status quo in criminal justice is in effect leading to a re-Westminstering of the constitutional state. [ABSTRACT FROM AUTHOR]

The article focuses on the author's comments to the article of Professor Shigenori Matsui which stresses the conservatism of the Japanese Supreme Court. It outlines the reluctance of the Japanese Supreme Court to judicialize politics through constitutional adjudication. It highlights the standards of judicial review which have been adopted from the German conceptual jurisprudence.

An essay is presented on reconstruction of Adolf Berle's understanding concerning the philosophy of Thorstein Veblen in writing his book "Modern Corporation." The author details the vision Veblen of modern economics as an evolutionary science and his attempt to make an evolutionary economic account of the U.S. capitalism. The author also explains the book's discussion of the account of separation of ownership and control.

This Article addresses the theoretical and functional role of due process in special education law under the Individuals with Disabilities Education Act ("IDEA"). Thirty years ago, the Supreme Court interpreted the IDEA to grant very limited substantive rights but to provide robust procedural protections for disabled children and their families. Since that decision, the federal courts have been in an unrecognized state of disarray when analyzing procedural violations under the IDEA. This Article looks to the historical context in which the IDEA was drafted and interpreted, in the midst of the so-called due process revolution, to better understand the meaning of its proceduralist values. The Article revisits the once lively academic discussion of the nature and function of procedural civil rights protections in the education context that engaged scholars during the 1970s and 1980s, updating that analysis to apply to current special education law. The Article applies the historical and theoretical insights from those earlier inquiries to develop a structural due process vision of the IDEA, distinguishing two separate stages at which due process protections apply under the Act, and deriving three distinct principles that constrain the school district's decisionmaking process in developing an individualized educational program for a disabled student: collaboration, individualization, and contractualization. Finally, it argues that this theoretical inquiry has significant practical import because the three structural due process principles map precisely onto a recent amendment to the IDEA such that the theoretical vision described in the Article is directly relevant to deciphering the procedural challenges raised under the IDEA that have bedeviled the courts for more than three decades. [ABSTRACT FROM AUTHOR]

Political science with its rich history, but varying national traditions and contexts, deals with a multi-dimensional and ever-changing subject matter of which we are, inevitably, a part. This poses specific epistemological problems, but also offers the opportunity to contribute to the shaping of political reality by insights and actions. This lecture gives a brief outline of this problematique and then presents, by way of illustration, the findings of a major international research project on the political effects of the Great Depression in Europe in the interwar period. Based on this experience, some (tentative and personal) lessons will be drawn for the state of political science and its potential contributions facing the present world economic crisis. [ABSTRACT FROM AUTHOR]

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This article critically evaluates Italian philosopher Giorgio Agamben's Homo Sacer, especially the book's central thesis that the mechanism of 'inclusive exclusion' was at the origin of Nazi violence. There is little factual basis to support Agamben's philosophical arguments, I find. His failures and errors organically derive from his methodological stance-what he calls the 'historico-philosophical method'. This method is premised on his monisic view of NS violence that imagines a primordial oneness subtending all differing instances of Nazi-perpetrated mass killing in discourse, cause, purpose and the Knower. In the conclusion I explain how my close-up study of this particular philosopher yields useful pointers, both methodological and ethical, for further investigation into the global question announced in the title of this article, 'Can philosophy explain Nazi violence?' [ABSTRACT FROM AUTHOR]

The article presents information on self-defense and its history in the U.S. with reference to the use of militias and arms by the white Americans for defending themselves against the tribes especially the Indian tribes. The tribe engages themselves in armed conflicts against the colonies of the U.S. due to the aggression and encroachment by the Americans and in order to defend their homelands. Information on the tribes viewed as savage by the Supreme Court Justices is also presented.

A foreword for the inaugural issue of the "Columbia Journal of Race and Law" is presented.

The proliferation, globalization, and fragmentation of law in world politics have fostered an attempt to re-integrate International Law (IL) and International Relations (IR) scholarship, but so far the contribution of realist theory to this interdisciplinary perspective has been meagre. Combining intellectual history, the jurisprudence of IL and IR theory, this article provides an analysis of John H. Herz’s classical realism and its perspective on international law. In retrieving this vision, the article emphasizes the political and intellectual context from which Herz’s realism developed: the study of public law in Germany during the interwar period and in particular the contribution of Hans Kelsen and the pure theory of law to the study of international law. Herz was deeply inspired by Kelsen but he criticized the pure theory for ignoring the sociological foundations of law. Following his emigration to the United States, Herz embraced realism but without disregarding international law. Indeed, his mature, globally oriented realism offers a balanced, fruitful perspective for thinking about the relationship between politics and law that is deeply relevant for contemporary theory: it challenges modern, law-blind variants of realism and holds considerable potential for contributing to the approaches that have most successfully studied the law–politics nexus. [ABSTRACT FROM PUBLISHER]

This paper empirically investigates the institutional determinants of whether a tribal government invests in a casino. I find that the presence of Indian casinos is strongly related to plausibly exogenous variation in reservations' legal and political institutions. Tribal governments that ;an negotiate gaming compacts with multiple state governments, because tribal lands span state borders, had more than twice the estimated probability (.77 versus .32) of operating an Indian casino in 1999. Tribal governments of reservations where contracts are adjudicated in state courts, rather than tribal courts, have more than twice the estimated probability (.76 versus .34) of investing in an Indian casino, ceteris paribus. These findings suggest that states' political pressures and predictable judiciaries affect incentives to invest in casinos. This study contributes, more generally, to the empirical literature on the effects of institutions by providing new evidence that low-cost contracting is important for taking advantage of substantial investment opportunities. [ABSTRACT FROM AUTHOR]