{"title":"Introduction – The Problem of Law in Response to Disasters","authors":"M. Murayama, Charles D. Weisselberg","doi":"10.1515/ils-2015-0006","DOIUrl":"https://doi.org/10.1515/ils-2015-0006","url":null,"abstract":"The papers included in this special issue originated from a series of conferences and presentations on law and disasters in Berkeley in 201l1 and in Tokyo and Honolulu3 in 2012. When the East Japan Disaster occurred, we were overwhelmed by the huge, extensive and complex damage caused by the earthquakes, tsunamis, and nuclear accidents. One of us was in Tokyo when the earthquakes struck East Japan. Two days later, we both watched the explosions of the nuclear plant of the Tokyo Electric Power Company (TEPCO) on TV in Berkeley where, coincidentally, we were gathered for the Sho Sato Conference, \"The Japanese Legal System: An Era of Transition.\" There, the idea of organizing international meetings was born. A huge disaster is not common. But it is not rare either, on this planet. The earthquakes near Sumatra in December 2004 and in Chile in February 2010 caused tremendous devastation in communities along the coastlines. The profound damage caused by Hurricane Katrina is still remembered. We see threats from violent storms increasing year by year. However, the East Japan Disaster was unique in that a natural disaster triggered failures of safety measures expected to support complex high-tech facilities. Although which one the earthquake or the tsunami was fatal to the nuclear","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"20 1","pages":"1 - 4"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/ils-2015-0006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66807386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Is International Ocean Law Capable of Preventing or Mitigating the Impacts of Nuclear Disaster?","authors":"T. E. Hutchins","doi":"10.1515/ILS-2015-0005","DOIUrl":"https://doi.org/10.1515/ILS-2015-0005","url":null,"abstract":"Abstract In light of the Fukushima disaster, the global community must honestly and bravely consider whether existing international law is sufficient to protect the oceans from hazardous nuclear activities past, present, and future. If so, are these agreements, including conventions and treaties, adequate to clean-up existing problems, to safeguard against emerging risks, and to foster cooperation among nations? If not, what function, does ocean law serve? Assessing the efficacy of international law on state behavior with respect to real world outcomes is always challenging, but when dealing with nuclear activities the task is further complicated due to the unusual risk profile of catastrophic radiological incidents, the millennia-long risk of danger, the relative novelty of nuclear issues, and the scope of other activities that could also impact the ocean. Nevertheless, this task cannot be ignored. The oceans are a global commons filled with collective resources. Any meaningful discussion about the health of the seas and measures to protect them must take place on the international stage with due regard for the necessities and rights of all nations, as well as the natural environment. The international community must diligently collaborate to resolve issues surrounding nuclear activities that could impact the oceans. Yet, current international agreements that address nuclear pollution of the ocean are de facto judicially unenforceable and are often ignored when national self-interest is contrary to the agreement. Nevertheless, while not an effective legal mandate, ocean law does in some cases influence state actors to conform to international agreements (even when not bound to do so). Going forward, more research is necessary into the impacts of radiological pollution on the oceans to enable decision makers, like judicial tribunals, politicians, and NGOs, to effectuate and effectively enforce international ocean law with respect to nuclear issues.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"11 1","pages":"113 - 89"},"PeriodicalIF":0.0,"publicationDate":"2013-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/ILS-2015-0005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66807341","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Selznick and Dworkin: The Importance of Values in Social and Moral Theory","authors":"Paul van Seters","doi":"10.1515/ils-2012-0006","DOIUrl":"https://doi.org/10.1515/ils-2012-0006","url":null,"abstract":"No abstract available.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"10 1","pages":"43 - 53"},"PeriodicalIF":0.0,"publicationDate":"2012-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/ils-2012-0006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66806868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"How Money for Legal Scholarship Disadvantages Feminism","authors":"Martha T. McCluskey","doi":"10.2202/1539-8323.1142","DOIUrl":"https://doi.org/10.2202/1539-8323.1142","url":null,"abstract":"A dramatic infusion of outside money has shaped legal theory over the last several decades, largely to the detriment of feminist theory. Nonetheless, the pervasive influence of this funding is largely ignored in scholarly discussions of legal theory. This denial helps reinforce the marginal position of feminist scholarship and of women in legal theory. Conservative activists and funders have understood the central role of developing community culture and institutions, and have helped shift the prevailing framework for discussion of many questions of theory and policy through substantial investments in law-and-economics centers and in the Federalist Society. Comparing the institutional resources and structures of support for feminist or gender scholarship to those developed for economic analysis of law focused on free-market or neoliberal policy and business interests reveals substantial differences. Further, much of this conservative institution building has been dominated by men and has served to promote legal scholarship by white men in particular. I conclude by considering how feminist legal scholarship might better develop institutional support despite access to much less money.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1142","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68568225","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Backlash, Covering, and the State of Feminist Legal Theory","authors":"Martha Chamallas","doi":"10.2202/1539-8323.1136","DOIUrl":"https://doi.org/10.2202/1539-8323.1136","url":null,"abstract":"","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1136","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567888","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Feminism Without Feminism","authors":"Marc S. Spindelman","doi":"10.2202/1539-8323.1141","DOIUrl":"https://doi.org/10.2202/1539-8323.1141","url":null,"abstract":"Taking a critical perspective on the question of feminisms situation, this essay urges feminists to consider the benefits, both theoretical and political, of doing feminism without feminism. Contrary to how this may sound, this is not to recommend the wholesale abandonment of feminism, or less, a break. Rather, it is to recognize how feminism has always been defined by underlying normativities and politics that are analytically separate and distinct from feminism itself. It is also to suggest that these normativities and politics have been the field of feminisms greatness and the source of its theorizings deepest and most enduring strengths. With these suggestions in hand, the essay sketches possible agendas from different feminist perspectives, the idea being to point out how feminisms present and its futurea future without feminism but not without everything feminists have fought for and cared aboutcan be as bright a promise and sign of hope as it ever was in the high points of feminisms past.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"2020 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1141","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68568137","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Birthright Lottery: Response to Interlocutors","authors":"Ayelet Shachar","doi":"10.2202/1539-8323.1133","DOIUrl":"https://doi.org/10.2202/1539-8323.1133","url":null,"abstract":"Ayelet Shachar engages in dialogue with ten insightful commentaries on her influential book, The Birthright Lottery: Citizenship and Global Inequality (Harvard University Press, 2009), written by leading experts in the fields of citizenship, immigration, and globalization.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1133","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Geometry of Inside and Outside","authors":"David Abraham","doi":"10.2202/1539-8323.1130","DOIUrl":"https://doi.org/10.2202/1539-8323.1130","url":null,"abstract":"These are two important books. The Citizen and the Alien provides a rigorous and illuminating scrutiny of the conundrum faced by making out current concept and politics of citizenship work within liberal moral and political philosophy. The Birthright Lottery, a book with many virtues, recasts birthright citizenship in a manner analogous to the end of entailed property transmission brought about by liberal reform. This essay suggests that Bosniak is unduly pessimistic about bounded communities and that Shachar is unduly optimistic about the relationship between property rights and democracy.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"70 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1130","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68567088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Prohibited Realities and Fractured Persons: Remaking Lives in Transnational Spaces","authors":"S. Coutin","doi":"10.2202/1539-8323.1128","DOIUrl":"https://doi.org/10.2202/1539-8323.1128","url":null,"abstract":"This review explores the ways that Bosniaks The Citizen and the Alien and Shachars The Birthright Lottery usefully expose gaps between permissible and prohibited realities and persons. Drawing on ethnographic research regarding immigration from Central America to the United States, the review also highlights the importance of analyzing the transnational, states property-like claims on their migrant citizens, and the transformative dimensions of jus soli. This ethnographic material suggests that discrepancies between inclusive social connections and confining legal statuses fracture persons, requiring them to exist in multiple yet incompatible worlds. The review concludes that notions of citizenship and alienage must take such fracturing into account.","PeriodicalId":34921,"journal":{"name":"Issues in Legal Scholarship","volume":"9 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2011-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.2202/1539-8323.1128","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68566929","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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