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Journal Article
South Atlantic Quarterly (2022) 121 (2): 359–375.
Published: 01 April 2022
...Angela P. Harris The path of decolonization has always been difficult to walk, mazed as it is with contradictions and double binds, but the existential threat of climate change adds new urgency. This essay suggests that decolonial legal practice be organized around, not the struggle for new rights...
Journal Article
South Atlantic Quarterly (2020) 119 (1): 182–192.
Published: 01 January 2020
... Francesca . 2019 “ Fighting Violence across Borders: From Victim-hood to Feminist Struggles .” South Atlantic Quarterly 118 , no. 3 : 670 – 77 . https://doi.org/10.1215/00382876-7616236 . Romano Santi . 1917 . The Legal Order . Abingdon, UK : Routledge . Trevisanut Seline...
Journal Article
South Atlantic Quarterly (2014) 113 (1): 37–62.
Published: 01 January 2014
... : Klett-Cotta . Ian Hunter Religious Freedom in Early Modern Germany: Theology, Philosophy, and Legal Casuistry Introduction ​In 1586 Andreas Erstenberger, a Catholic secre- tary to the Reichshofrat (Aulic Council...
Journal Article
South Atlantic Quarterly (2011) 110 (1): 179–204.
Published: 01 January 2011
...Eithne Luibhéid “Illegal” status is commonly conceived as stemming from migrants' undesirable characters, yet recent scholarship has shown that “legal” and “illegal” statuses are created through political processes and relations of power that require critical scrutiny. This essay expands...
Journal Article
South Atlantic Quarterly (2013) 112 (2): 396–405.
Published: 01 April 2013
...Saki Bailey; Maria Edgarda Marcucci This essay explores the legal and political dimensions of the occupation of the Teatro Valle in Rome and the transformation of the theater into a common goods foundation. The theater workers, acting together as a social movement for the protection of cultural...
Journal Article
South Atlantic Quarterly (2017) 116 (4): 707–725.
Published: 01 October 2017
... as a source of an alternative legality (the law of the commons). But can law be appropriated and used as part of a more general project of radical transformation? What is the relationship between the law of the commons and Revolution? To think of these problematic issues one can revaluate the question...
Journal Article
South Atlantic Quarterly (2022) 121 (2): 285–296.
Published: 01 April 2022
... contractors, excluded from economic security, and anointed as “essential workers,” these workers were both celebrated and disproportionately exposed to poverty, disease, and death. This essay makes sense of the legal and lived condition of being essentially dispossessed during this moment. The author argues...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 877–893.
Published: 01 October 2019
...Maria Rosaria Marella Cities are quintessentially human and collective products. All urban space is the product of social cooperation. Therefore not just the “public” space but the metropolis as a whole must be considered as a commons. This assumption is not neutral from a legal point of view...
Journal Article
South Atlantic Quarterly (2020) 119 (2): 353–369.
Published: 01 April 2020
... and contempt, among other legal tools. Based on my direct experience with injunctions and contempt in BC as an activist legal support organizer and a settler ally, this article argues that the reliance on injunctions by extractive industries embroils the courts and police in struggles over public...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 447–463.
Published: 01 April 2011
...Cheryl Suzack This essay undertakes a cultural analysis of law and literature to analyze the relationship between the Supreme Court of Canada's reasoning in Delgamuukw and Eden Robinson's novel Monkey Beach . It shows how legal texts enact a foreclosure of social space by transforming human...
Journal Article
South Atlantic Quarterly (2022) 121 (2): 239–260.
Published: 01 April 2022
...Wendy Brown; Amy Kapczynski This special issue of SAQ was convened to facilitate dialogue between critical scholars outside of the legal academy and a new wave of legal scholars focused on the critique of capitalism. The following conversation furthers that effort by bringing together two major...
Journal Article
South Atlantic Quarterly (2022) 121 (2): 377–396.
Published: 01 April 2022
...Duncan Kennedy; Corinne Blalock In the fall of 2021, Corinne Blalock conducted a series of interviews with Duncan Kennedy, one of the founders of Critical Legal Studies (CLS). During these wide-ranging and at times unruly conversations, which have been edited for length and clarity, the themes...
Journal Article
South Atlantic Quarterly (2019) 118 (4): 839–855.
Published: 01 October 2019
... know as private law. Private law is considered to be a product of modern legal theory which is radically tied with public law. The two are meant to have the very same logical form—individuality—which was the premise for the social relation of capital to be established. The pivot of this legal maneuver...
Journal Article
South Atlantic Quarterly (2015) 114 (1): 195–203.
Published: 01 January 2015
... settle for lower salaries. Other factors include competition within the job market between day laborers from different countries and with different legal statuses, the segregation of seasonal workers from the local population, and the impact of the caporalato (gang-master) system, an illegal form...
Journal Article
South Atlantic Quarterly (2008) 107 (3): 571–596.
Published: 01 July 2008
..., the deterrent consequences of a sentence of death will outweigh the punishment's deleterious consequences from a utilitarian perspective; and so on. Yet, even the most cursory examination of the cultural, legal, and political roles of capital punishment as it is actually institutionalized...
Journal Article
South Atlantic Quarterly (2008) 107 (4): 809–831.
Published: 01 October 2008
... through the scholarly lens of white settler colonialism, why not Latin America? In this essay, I attempt to answer these questions through an analysis of the confrontation of racial ideologies that occurred between Mexicans and Anglos in the U.S. Southwest. Legally, Mexican Americans were considered part...
Journal Article
South Atlantic Quarterly (2011) 110 (2): 465–486.
Published: 01 April 2011
...Jolene Rickard Multiple expressions of sovereignty beyond a narrow legal interpretation are discussed through the artwork of contemporary Iroquois artists, G. Peter Jemison (Seneca), Alan Michelson (Mohawk), Samuel Thomas (Cayuga), and Marie Watt (Seneca). Michelson's installation at the Massena...
Journal Article
South Atlantic Quarterly (2013) 112 (2): 221–239.
Published: 01 April 2013
...Christopher Freeburg In his essays, James Baldwin emphasizes that white supremacy is a historical trap, which legally and socially debases both whites and blacks. Baldwin claims, however, that if whites recognize it, they can release themselves. In reconsidering Baldwin as a spokesperson...
Journal Article
South Atlantic Quarterly (2014) 113 (1): 109–128.
Published: 01 January 2014
...Ratna Kapur This article describes the competing models of secularism that have been debated and contested in postcolonial India. I focus on the constitutional legal discourse and judicial pronouncements on the meaning of secularism in India and on the increasing influence of the Hindu Right...
Journal Article
South Atlantic Quarterly (2014) 113 (3): 621–628.
Published: 01 July 2014
...Jennifer M. Chacón Over the past two decades, the US government has expanded immigration detention to unprecedented levels. This essay explores the social and doctrinal origins of the immigration detention boom and provides a critique of the legal doctrines that continue to insulate immigration...