April 2011 Vol. 109 No. 6 THE REVIEW
ARTICLES

Foreword: What We Make Matter

Sherman J. Clark

The Michigan Law Review's Survey of Books Related to the Law provides an annual opportunity to consider not only a range of legal issues and views, but also to think about the range of ways we argue about and study the law. In this Foreword, I would like to suggest that we think not only about how we choose to argue, but also the potential consequences of those choices. When we study or argue about law and politics, we routinely and sensibly consider the possible unintended impact of particular substantive rules and policies. Here I suggest that we should attend as well to the potential indirect effects of our arguments themselves.

  READ MORE    //  VIEW PDF

The Real Formalists, The Realists, and What They Tell Us About Judicial Decision Making and Legal Education

Edward Rubin
READ MORE    //  VIEW PDF

Planning for Legality

Jeremy Waldron
READ MORE    //  VIEW PDF

Purple Haze

Clare Huntington
READ MORE    //  VIEW PDF

Courthouses vs. Statehouses?

William S. Koski
READ MORE    //  VIEW PDF

Disgust and the Problematic Politics of Similarity

Courtney Megan Cahill
READ MORE    //  VIEW PDF

But How Will the People Know? Public Opinion as a Meager Influence in Shaping Contemporary Supreme Court Decision Making

Tom Goldstein & Amy Howe
READ MORE    //  VIEW PDF

Home is Where the Crime Is

Bennett Capers
READ MORE    //  VIEW PDF

Are Class Actions Unconstitutional

Alexandra D. Lahav
READ MORE    //  VIEW PDF

Innovative Copyright

Greg Lastowka
READ MORE    //  VIEW PDF

Explaining the Importance of Public Choice for Law

D. Daniel Sokol
READ MORE    //  VIEW PDF

Framing the Fourth

Tracey Maclin & Julia Mirabella
READ MORE    //  VIEW PDF

Prosecuting the Informant Culture

Andrew E. Taslitz
READ MORE    //  VIEW PDF

Whither the Disability Rights Movement?

Robert W. Pratt
READ MORE    //  VIEW PDF

Liberal Legal Norms Meet Collective Criminality

John D. Ciorciari
READ MORE    //  VIEW PDF

The Uncorporation and the Unraveling of "Nexus of Contracts" Theory

Grant M. Hayden & Matthew T. Bodie
READ MORE    //  VIEW PDF

Assessing the State of State Constitutionalism

Jim Rossi
READ MORE    //  VIEW PDF
NOTES

The Citizenship Shibboleth: Is The American Dream Everyone Else's Nightmare?

Emily Marr

 

The American Dream is a trope with global reach. Although the “city upon a hill” may have lost some of its luster in recent years, the idea that America is a country where citizens can rise above “the fortuitous circumstances of birth or positon” largely continues to resonate. Professor Ayelet Shachar’s provocative new book, however, suggests otherwise.

In The Birthright Lottery, Shachar condemns birthright citizenship laws as a feudal anachronism analogous to an inherited-property regime. For her, birthright citizenship in a prosperous nation confers a morally arbitrary windfall that determines life opportunities. Shachar further argues that in a world of material inequalities, the winners of the “birthright lottery” live large at the losers’ expense, often with deadly results.

Shachar’s arguments, if embraced, profoundly undermine both the feasibility and the desirability of the American Dream. If birthright citizenship is akin to entailed property, it is impossible to meaningfully exercise the agency embodied in the American Dream. And if birthright citizenship really is a zero-sum game, anybody living the American Dream is necessarily responsible for somebody else’s nightmare.

 

  READ MORE    //  VIEW PDF

Profiting from Not For Profit: Toward Adequate Humanities Instruction in American K-12 Schools

Eli Savit
READ MORE    //  VIEW PDF
& Other Current Events

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...

A Comprehensive Administrative Solution to the Armed Career Criminal Act Debacle

For thirty years, the Armed Career Criminal Act ("ACCA") has imposed a fifteen-year mandatory minimum...

Rethinking the Timing of Capital Clemency

This Article reviews every capital clemency over the last four decades. It demonstrates that in the majority...

The Political Safeguards of Horizontal Federalism

For decades, we have debated whether "political safeguards" preserve healthy relations between the states...

A Solution to Michigan's Child Shackling Problem

Detained children routinely appear before Michigan's juvenile courts shackled with handcuffs, leg irons,...
MAILING LIST
Sign Up to Join Our Mailing List