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Abstract:
This article is a critical interpretation of the indigenous whaling debate, which, although often discussed in legal academia, has received only passing critical attention. As a scholar in the critical theory/critical legal studies model, I am primarily concerned with the impact that law and debates about law have on divergent groups (racial, ethnic, gender, etc.). This article develops a criticism of the United States's postcolonial opposition to whaling, arguing, instead, for cultural relativism. The article indicts U.S. imperialism, and treatment of indigenous peoples, arguing for interdisciplinary analysis and a more keen appreciation for the voice of indigenous peoples. As I often do in my writing, I turn the critical lens back on me, as author, and investigate what it means to write critically for me, personally, and for other scholars who write postcolonial scholarship.

The whaling debate is as important now as ever, especially as the issues of natural resource management take on a larger role in international politics. Off-shore drilling and energy exploration in the Arctic are but too examples of the rising importance of these issues. Whaling has largely been viewed as an environmental issue and the International Convention for the Regulation of Whaling (ICW) has been construed in terms of international relations and hegemony studies. Those approaches are an excellent contribution to the debate, but what seems to most be missing is a qualitative approach that blends critical theory, history, sociology, and cultural studies to better understand the polarizing whaling discussion.

whaling, postolonial, Makah, International Convention for the Regulation of Whaling, deconstruction, critical theory, cultural relativism, indigenous, culture, rights

Abstract:
This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an intersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop artist, is an active voice of legal criticism and why his criticism is important to a larger discussion of the law. Second, this paper develops a conception of Creole/Haitian legal studies and its importance as an analytical lens through which to perceive the law and legal institutions. Third, this piece formulates a rhetorical criticism of the law through the rhetorical terrain of Wyclef's hip-hop music and cultural aesthetic to critique criminal law and legal institutions. The fusion of hip-hop, Haitian/Creole cultural identity, and rhetorical criticism, opens a new area for legal analysis and understanding. This article concludes by suggesting that rhetorical criticism, hip-hop, and other rhetorical acts (among them irony and hyperbole) provide new terrain from which to understand the law, and further, that the Haitian/Creole cultural identity is an important and underrepresented facet of legal culture, which further compliments current critical race theory.

jurisprudence, critical theory, hip-hop, critical race theory, Deleuze, Guattari, identity politics, race, Wyclef jean, Creole, Haiti, hyperbole, rhetorical theory, irony

Abstract:
The Arctic - the undiscovered, expanse, at the top of the world. In a world that has seen unprecedented change and development, the Arctic is still an undiscovered, underappreciated, and understudied realm. This region has become an increasingly important area as Russia and Canada, struggle for control over the frozen mass that sits conveniently on top of the world, while also exploring conceptions of national identity. This paper will discuss what control of the region means in a geopolitical sense and how it plays into Canada's sense of identity, balanced against Russian designs on the region which also concern a sense of national identity. Historical, military, environmental, and cultural forces are all at play, but this article will delve into an analysis of national identity politics, developing connections between the Arctic and Canada that warrant increased Canadian awareness of the Arctic's geopolitical significance. The article's hypothesis is that control of the Arctic is an important cultural representation of power, and that Canada's cultural identity is intertwined with the region to such an extent that Canada must exert strong influence in the area in order to promote its sovereignty and to encourage the appreciation of Canadian identity and the development of Canada's expanded presence in the international arena.

Canada, Canadian North, North Pole, Russia, Canadian identity, Arctic, geopolitics

Abstract:
This paper will discuss the background of the 2002 Farm Bill and its origins in the Federal Agricultural Improvement and Reform Act of 1996 (hereinafter the 1996 Farm Bill). Secondly, a basic discussion of feminist international relations and more generally, feminist legal theory will be invoked to provide a theoretical beacon for the rest of the journey. Thirdly, specific arguments about ecofeminsim and postcolonial feminism are teased out in order to critically investigate the direct and indirect consequences of United States farm policy. Fourthly, the 2002 Farm Bill's disparate impact on international womyn will be discussed and theories about the need for critical investigation of international law from a feminist perspective will be developed. Next, the impending expiration of the 2002 Farm Bill and the possibilities and problems associated with the pending 2007 Farm Bill will be analyzed to provide a starting point for those interested in affecting agricultural policy and international trade, with emphasis paid to feminist theory. Lastly, the paper will conclude with recommendations for future inquiry and ways in which agricultural policy can be advanced while preserving the value of womyn's work.

Farm Bill, Federal Agricultural Improvement and Reform Act, feminism, postcolonial, ecofeminism, womyn, agricultural economics, farm subsidies, feminist jurisprudence, international agriculture, critical legal studies

Abstract:
This article takes on Slavoj Žižek, the most important critical theorist of our time, and applies his theories to issues that matter to the legal community. In this article, I argue for embracing failure, I critique the manner in which capitalism has infiltrated legal reasoning, and I address the problematic relationship of Žižek and critical race and feminist theories. I also call for increased public discourse, a central Žižekian tenant, on legal theory. This article not only synthesizes the scant legal literature on Žižek, but builds a firm foundation for applying Žižek’s theories across a broad array of legal fields. The ground this article establishes will help the legal community more readily access Žižek, something many other disciplines have been doing for years.

Slavoj Žižek, psychoanalysis, Sciullo, terrorism, critical legal studies, poststructuralism, legal theory, identity politics, Jacques Lacan

Abstract:
Atlantis, the Lost City, has been a focal point of folklore, archeological inquiry, literary criticism, and mystic interpretation. It has boggled the brilliant, confused scientists, and sparked the interest of children. "Skeptics, archaeologists, geologists, and anthropologists may rant and rave, but the myth of Atlantis endures. In every generation, someone emerges to champion the cause and to embroider the story." But the significance of Atlantean prose as an avenue through which to best understand critical legal thought has not been explored in depth. To be sure, there have been numerous books, articles, and opinions analyzing Atlantis, but little attention has been given to the legal significance of this type of storytelling. What does it mean to engage myth? How can legal scholars and practitioners learn from and use lessons of antiquity? Where does modern narrative theory fit into traditional legal discourse? I ask the reader to dive into the depths with me and consider what Atlantis can teach us about democracy, critical legal studies, and the rule of law.

Atlantis, Democracy, Democratic Theory, Narrative, Myth, Utopia

Abstract:
This article develops a theory of fact intensive legal scholarship that stresses the importance of people and their stories in our legal and political processes. My article argues for better writing, indeed writing that actually engages the legal scholar in a story, and more generally a narrative legal discourse. It is, after all, the facts and the stories behind our legal opinions, theories, and articles that make law interesting. All too often this is forgotten in legal scholarship and law schools where the differences in opinions' language is parsed, but passing attention is paid to the facts that require such hair-splitting.

The substantive legal material covered herein includes analysis of the Ohio Supreme Court's recognition of a gubernatorial communications privilege. The article takes a critical stance on the Ohio Supreme Court's decision to recognize an overly expansive gubernatorial communications privilege as exhibited in the Dann v. Taft trilogy of cases. Little attention has been paid to these decisions in scholarship and where it has, the results have tended toward a positive treatment of the decisions.

Marc Dann, Attorney General, Ohio, Legal Profession, Legal Research, Legal Writing, Investigative Journalism, Executive Privilege

Abstract:
By actively endorsing remedies that favor a city-suburb divide, the Supreme Court has failed to allow regional development. The Supreme Court's federalism jurisprudence is unresponsive to the myriad issues pervading society. Ultimately, individuals must take action, through a process formulated in this article, to change the way in which governments and the courts respond to the needs of populations.

A battery of cases including Brown v. Board of Education and its progeny, Missouri v. Jenkins and Milliken v. Bradley, reached the Supreme Court during the tumultuous 1950s, 1960s, and 1970s. A vast array of environmental laws and housing regulations also emerged onto the national legal stage. The Supreme Court embodied a strong sense of judicial activism and concern for national remedies to address national issues. The result was a plethora of legislation on discriminatory conduct, environmental regulations, and living standards. While this time period saw much in the way of progressive answers to current metropolitan problems, the Court substantially erred when it held in Milliken that interdistrict remedies for school desegregation were unconstitutional. The current Supreme Court can mediate the competing desires of judicial restraint and local control with the realities of problems which exist on a much larger scale, requiring more than a solution built on precedent and intolerance, by carefully rethinking and revaluating ideas about effective governance.

regionalism, Supreme Court, federalism, Milliken, governance, Gautreaux, transgressive meta practice, states rights, activist court