David Abraham | University of Miami (original) (raw)

Papers by David Abraham

Research paper thumbnail of The Geometry of Inside and Outside

Issues in Legal Scholarship, 2011

These are two important books. The Citizen and the Alien provides a rigorous and illuminating scr... more 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.

Research paper thumbnail of Paradigm Lost: From Two‐State Solution to One‐State Reality

Research paper thumbnail of The Bush Regime from Elections to Detentions: A Moral Economy of Carl Schmitt and Human Rights

SSRN Electronic Journal, 2007

Research paper thumbnail of Introduction to the Symposium Panel on "Economic Impacts of Immigration

University of Miami Inter-American law review, 1999

Research paper thumbnail of Are Rights the Right Thing? Individual Rights, Communitarian Purposes and America's Problems (Book Review)

Research paper thumbnail of Recognizing the Problem of Solidarity: Immigration in the Post-Welfare State

Research paper thumbnail of German Duality of State and Society, The

Cardozo J. Int'l & Comp. L., 1996

Research paper thumbnail of Citizenship and Belonging: Thin and Thick

Handbook of Patriotism, 2020

Patriotism" involves a sense of belonging to and efficacy in a particular country. Civil, politic... more Patriotism" involves a sense of belonging to and efficacy in a particular country. Civil, political, social, and cultural rights and responsibilities are part of belonging, of being recognized as a legal member of society and deserving beneficiary of its various resources. But how is this belonging to be demonstrated? Loyalty to a set of constitutional principles has been one measure of belonging and of patriotismcivic nationalism. Another, long recessive in liberal societies has been ethno-cultural belonging. The tensions between the two have long marked American and German immigration, integration, and social welfare policies. Those tensions are examined here.

Research paper thumbnail of Circumcision: Immigration, Religion, History, and Constitutional Identity in Germany and the U.S

German Law Journal, 2017

A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was c... more A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that “Jewish and Muslim religious life be viable in Germany,” and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years of rancorous debate revealed a whole range of historical and contemporary fissures. This essay examines the dynamics of the debate and its various outcomes. In particular it asks whether the conflicts generated by practices like male circumcision can in immigrant societies be assimilated to prevailing religious freedom mo...

Research paper thumbnail of Constitutional patriotism, citizenship, and belonging

International Journal of Constitutional Law, 2007

Research paper thumbnail of Habermas and the Public Sphere by Craig Calhoun (Book Review)

German Studies Review, 1994

Research paper thumbnail of Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig

University of Miami International and Comparative Law Review, 2002

The end of the Cold War in 1990 led many observers East and West to conclude that the major divid... more The end of the Cold War in 1990 led many observers East and West to conclude that the major divides in the world had been closed. The 75-year-old battle between revolution and stasis, and the 45-year-old battle between the two Empires and the two worlds, had come to a close. With closure on the Cold War, a number of things happened. One of them, of course, was the unification of Germany. No doubt, the unification, or re-unification, of Germany was one development that made possible the seminars in Leipzig and in Miami, which in turn provided the opportunity for the production of the work appearing in this volume. More specifically the Universities of Miami and Leipzig were able in the post-cold-war world to inaugurate a joint seminar that would have escaped them, and did escape them, in the preceding period. In the course of the German university reform and expansion of the 1990's, the University of Leipzig, often in the past a center of great learning in the sciences and social sciences, also expanded its law faculty and its law offerings. Likewise, but in a very different way, the University of Miami in the 1990's was able to develop from a provincial university with a few venues of excellence into a significant and serious research institution. The law school of the university is a significant beneficiary of that development. This dual development in Leipzig and in Miami made possible the introduction and popularity of the exchange seminar between the two faculties and their students. In May of 2001, faculty members and students from the University of Miami School of Law went to historic Leipzig to exchange views with German faculty members and students. That exchange was reciprocated in March of 2002 by a visit and discussion with members of the faculty and student body from Leipzig in sunny Miami. Those two occasions produced the papers presented in this volume. This is an

Research paper thumbnail of America, Germany, Israel: Three Modes of Citizenship and Incorporation

International Labor and Working-Class History, 2010

In today's liberal democracies, the “social question” and the “immigration question” have bec... more In today's liberal democracies, the “social question” and the “immigration question” have become entwined as rarely before. Elites and citizens alike ask who belongs to the national political and social community of the “we” and what belonging entails in the way of rights and obligations. Under the impact of unprecedented free mobility for both capital and labor and the crises of the social welfare state, the borders and bonds of citizenship have been changing, mostly weakening. This essay takes a preliminary look at how these two questions are intertwined in the United States, Germany, and Israel.

Research paper thumbnail of Towards the Completion of Europe: Analysis and Perspectives of the New European Union Enlargement

This volume aims to contribute to the analysis of the EU in general and the background and conseq... more This volume aims to contribute to the analysis of the EU in general and the background and consequences of its 2004 enlargement in particular. This enlargement is by far one of the greatest tests for the European Union and its institutions because the process of Europeanization is taking place in a variety of countries with diverse political cultures and dissimilar perceptions about the meaning and commitment to European integration. Given their differences in political and economic power, incumbent and new members are inevitably altering the functioning and character of the EU, a unique polity in the international system. Derived from this theoretical challenge, the chapters of this book suggest some explanations on six areas related to the 2004 enlargement: analytical approaches, citizens and identities, debates and regional transformations, external impacts, and the potential Turkey's membership. The articles included in this publication are the result of the academic initiative of the Miami European Union Center, partnership formed by the University of Miami and Florida International University since 2000, which was also selected by the European Commission as one of the ten European Union Centers of Excellence in the United States for the period 2005|2008.

Research paper thumbnail of Towards the completion of Europe. Analysis and perspectives of the new European Union enlargement

This volume aims to contribute to the analysis of the EU in general and the background and conseq... more This volume aims to contribute to the analysis of the EU in general and the background and consequences of its 2004 enlargement in particular. This enlargement is by far one of the greatest tests for the European Union and its institutions because the process of Europeanization is taking place in a variety of countries with diverse political cultures and dissimilar perceptions about the meaning and commitment to European integration.

Research paper thumbnail of Habermas and the public sphere

Habermas and the public sphere I edited by Craig Calhoun. Thomas McCarthy p. cm.-(Studies in cont... more Habermas and the public sphere I edited by Craig Calhoun. Thomas McCarthy p. cm.-(Studies in contemporary German social thought) Includes bibliographical references and index.

Research paper thumbnail of Selecting by Origin: Ethnic Migration in the Liberal State

American Journal of Sociology, 2009

In 1999, Christian Joppke wrote Immigration and the Nation-State: the United States, Ger-many and... more In 1999, Christian Joppke wrote Immigration and the Nation-State: the United States, Ger-many and Great Britain, in which he showed that nation-states were resilient in their immigration policies and that sovereign-ty was still important. Although each country dealt with similar issues, ...

Research paper thumbnail of The Collapse of the Weimar Republic: Political Economy and Crisis

The American Historical Review, 1982

... The collapse of the Weimar Republic: Political economy and crisis. Post a Comment. CONTRIBUTO... more ... The collapse of the Weimar Republic: Political economy and crisis. Post a Comment. CONTRIBUTORS: Author: Abraham, David (b. 1946, d. ----. PUBLISHER: Princeton University Press (Princeton, NJ). SERIES TITLE: YEAR: 1981. PUB TYPE: Book (ISBN 0691093563 ). ...

Research paper thumbnail of Immigration and Social Solidarity in a Time of Crisis: The Welfare State and Integration

Research paper thumbnail of The Geometry of Inside and Outside

Issues in Legal Scholarship, 2011

These are two important books. The Citizen and the Alien provides a rigorous and illuminating scr... more 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.

Research paper thumbnail of Paradigm Lost: From Two‐State Solution to One‐State Reality

Research paper thumbnail of The Bush Regime from Elections to Detentions: A Moral Economy of Carl Schmitt and Human Rights

SSRN Electronic Journal, 2007

Research paper thumbnail of Introduction to the Symposium Panel on "Economic Impacts of Immigration

University of Miami Inter-American law review, 1999

Research paper thumbnail of Are Rights the Right Thing? Individual Rights, Communitarian Purposes and America's Problems (Book Review)

Research paper thumbnail of Recognizing the Problem of Solidarity: Immigration in the Post-Welfare State

Research paper thumbnail of German Duality of State and Society, The

Cardozo J. Int'l & Comp. L., 1996

Research paper thumbnail of Citizenship and Belonging: Thin and Thick

Handbook of Patriotism, 2020

Patriotism" involves a sense of belonging to and efficacy in a particular country. Civil, politic... more Patriotism" involves a sense of belonging to and efficacy in a particular country. Civil, political, social, and cultural rights and responsibilities are part of belonging, of being recognized as a legal member of society and deserving beneficiary of its various resources. But how is this belonging to be demonstrated? Loyalty to a set of constitutional principles has been one measure of belonging and of patriotismcivic nationalism. Another, long recessive in liberal societies has been ethno-cultural belonging. The tensions between the two have long marked American and German immigration, integration, and social welfare policies. Those tensions are examined here.

Research paper thumbnail of Circumcision: Immigration, Religion, History, and Constitutional Identity in Germany and the U.S

German Law Journal, 2017

A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was c... more A four-year-old Muslim boy was brought to a local Cologne emergency room by his mother, who was concerned about minor bleeding around the site of a circumcision. A District Court there found that circumcision, notwithstanding parental consent or religious motivation, constituted a criminal bodily injury and child abuse. Ultimately, on July 19, 2012 the Bundestag resolved that “Jewish and Muslim religious life be viable in Germany,” and in December a bill was passed that legislatively overrode the ruling of the District Court and recognized circumcision as a non-punishable undertaking when undertaken for religious reasons by someone professionally trained. Two years of rancorous debate revealed a whole range of historical and contemporary fissures. This essay examines the dynamics of the debate and its various outcomes. In particular it asks whether the conflicts generated by practices like male circumcision can in immigrant societies be assimilated to prevailing religious freedom mo...

Research paper thumbnail of Constitutional patriotism, citizenship, and belonging

International Journal of Constitutional Law, 2007

Research paper thumbnail of Habermas and the Public Sphere by Craig Calhoun (Book Review)

German Studies Review, 1994

Research paper thumbnail of Comments On The University Of Miami University Of Leipzig Bi-National Conference In Leipzig

University of Miami International and Comparative Law Review, 2002

The end of the Cold War in 1990 led many observers East and West to conclude that the major divid... more The end of the Cold War in 1990 led many observers East and West to conclude that the major divides in the world had been closed. The 75-year-old battle between revolution and stasis, and the 45-year-old battle between the two Empires and the two worlds, had come to a close. With closure on the Cold War, a number of things happened. One of them, of course, was the unification of Germany. No doubt, the unification, or re-unification, of Germany was one development that made possible the seminars in Leipzig and in Miami, which in turn provided the opportunity for the production of the work appearing in this volume. More specifically the Universities of Miami and Leipzig were able in the post-cold-war world to inaugurate a joint seminar that would have escaped them, and did escape them, in the preceding period. In the course of the German university reform and expansion of the 1990's, the University of Leipzig, often in the past a center of great learning in the sciences and social sciences, also expanded its law faculty and its law offerings. Likewise, but in a very different way, the University of Miami in the 1990's was able to develop from a provincial university with a few venues of excellence into a significant and serious research institution. The law school of the university is a significant beneficiary of that development. This dual development in Leipzig and in Miami made possible the introduction and popularity of the exchange seminar between the two faculties and their students. In May of 2001, faculty members and students from the University of Miami School of Law went to historic Leipzig to exchange views with German faculty members and students. That exchange was reciprocated in March of 2002 by a visit and discussion with members of the faculty and student body from Leipzig in sunny Miami. Those two occasions produced the papers presented in this volume. This is an

Research paper thumbnail of America, Germany, Israel: Three Modes of Citizenship and Incorporation

International Labor and Working-Class History, 2010

In today's liberal democracies, the “social question” and the “immigration question” have bec... more In today's liberal democracies, the “social question” and the “immigration question” have become entwined as rarely before. Elites and citizens alike ask who belongs to the national political and social community of the “we” and what belonging entails in the way of rights and obligations. Under the impact of unprecedented free mobility for both capital and labor and the crises of the social welfare state, the borders and bonds of citizenship have been changing, mostly weakening. This essay takes a preliminary look at how these two questions are intertwined in the United States, Germany, and Israel.

Research paper thumbnail of Towards the Completion of Europe: Analysis and Perspectives of the New European Union Enlargement

This volume aims to contribute to the analysis of the EU in general and the background and conseq... more This volume aims to contribute to the analysis of the EU in general and the background and consequences of its 2004 enlargement in particular. This enlargement is by far one of the greatest tests for the European Union and its institutions because the process of Europeanization is taking place in a variety of countries with diverse political cultures and dissimilar perceptions about the meaning and commitment to European integration. Given their differences in political and economic power, incumbent and new members are inevitably altering the functioning and character of the EU, a unique polity in the international system. Derived from this theoretical challenge, the chapters of this book suggest some explanations on six areas related to the 2004 enlargement: analytical approaches, citizens and identities, debates and regional transformations, external impacts, and the potential Turkey's membership. The articles included in this publication are the result of the academic initiative of the Miami European Union Center, partnership formed by the University of Miami and Florida International University since 2000, which was also selected by the European Commission as one of the ten European Union Centers of Excellence in the United States for the period 2005|2008.

Research paper thumbnail of Towards the completion of Europe. Analysis and perspectives of the new European Union enlargement

This volume aims to contribute to the analysis of the EU in general and the background and conseq... more This volume aims to contribute to the analysis of the EU in general and the background and consequences of its 2004 enlargement in particular. This enlargement is by far one of the greatest tests for the European Union and its institutions because the process of Europeanization is taking place in a variety of countries with diverse political cultures and dissimilar perceptions about the meaning and commitment to European integration.

Research paper thumbnail of Habermas and the public sphere

Habermas and the public sphere I edited by Craig Calhoun. Thomas McCarthy p. cm.-(Studies in cont... more Habermas and the public sphere I edited by Craig Calhoun. Thomas McCarthy p. cm.-(Studies in contemporary German social thought) Includes bibliographical references and index.

Research paper thumbnail of Selecting by Origin: Ethnic Migration in the Liberal State

American Journal of Sociology, 2009

In 1999, Christian Joppke wrote Immigration and the Nation-State: the United States, Ger-many and... more In 1999, Christian Joppke wrote Immigration and the Nation-State: the United States, Ger-many and Great Britain, in which he showed that nation-states were resilient in their immigration policies and that sovereign-ty was still important. Although each country dealt with similar issues, ...

Research paper thumbnail of The Collapse of the Weimar Republic: Political Economy and Crisis

The American Historical Review, 1982

... The collapse of the Weimar Republic: Political economy and crisis. Post a Comment. CONTRIBUTO... more ... The collapse of the Weimar Republic: Political economy and crisis. Post a Comment. CONTRIBUTORS: Author: Abraham, David (b. 1946, d. ----. PUBLISHER: Princeton University Press (Princeton, NJ). SERIES TITLE: YEAR: 1981. PUB TYPE: Book (ISBN 0691093563 ). ...

Research paper thumbnail of Immigration and Social Solidarity in a Time of Crisis: The Welfare State and Integration