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Case Western Reserve University School of Law

2012

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Articles 31 - 60 of 275

Full-Text Articles in Law

An American Sociologist In Iran, John L. Hammond Jan 2012

An American Sociologist In Iran, John L. Hammond

Societies Without Borders

I was invited to a conference in Tehran on Occupy Wall Street. I was hesitant to accept because I feared that my criticisms of US policy through the lens of OWS might lend support to the oppressive Iranian regime, but I thought it might be an opportunity to express solidarity with the Iranian people against possible US or Israeli aggression. In the end I decided to go and found it an eye-opening experience. On my return I was attacked as a terrorist by apologists for Israel and censored by Tehran University because, in a paper I submitted at the conference …


State-Society Incompatibility And Forced Migration: The Violent Development Of Afghanistan Under Socialist, Islamist, And Capitalist Regimes, Jeremy Hein, Tarique Niazi Jan 2012

State-Society Incompatibility And Forced Migration: The Violent Development Of Afghanistan Under Socialist, Islamist, And Capitalist Regimes, Jeremy Hein, Tarique Niazi

Societies Without Borders

The state-centric theory of forced migration presents the nation-state as the ultimate sanctuary of citizen rights. It posits that forced migration results from state instability, which is caused by geopolitical or national identity conflict. In either case, it contends that the sources of forced migration are exogenous to the state. This paper argues that under certain conditions the state becomes an endogenous cause of refugees and internally displaced persons. These conditions occur when the state deploys violence to dominate society. Using the case of Afghanistan, we document that since 1973 a series of Socialist, Islamist, and Capitalist regimes have engaged …


Indirect Violence And Legitimation: Torture, Surrogacy, And The U.S. War On Terror, Eric Bonds Jan 2012

Indirect Violence And Legitimation: Torture, Surrogacy, And The U.S. War On Terror, Eric Bonds

Societies Without Borders

This paper contributes to the sociological study of legitimation, specifically focusing on the state legitimation of torture and other forms of violence that violate international normative standards. While sociologists have identified important discursive techniques of legitimation, this paper suggests that researchers should also look at state practices where concerns regarding legitimacy are “built in” to the very practice of certain forms of violence. Specifically, the paper focuses on surrogacy, through which powerful states may direct or benefit from the violence carried out by client states or other armed groups while at the same time attempting to appear separate from and …


Ethnopoetics: A Jamaican Deportee Tells His Story, Tanya Golash-Boza Jan 2012

Ethnopoetics: A Jamaican Deportee Tells His Story, Tanya Golash-Boza

Societies Without Borders

No abstract provided.


A Comparative Analysis Of Mexican-And Europe And European- Origin Immigration To The United States: Proposing An Interactive Colonization Theory, Manuel Barajas Jan 2012

A Comparative Analysis Of Mexican-And Europe And European- Origin Immigration To The United States: Proposing An Interactive Colonization Theory, Manuel Barajas

Societies Without Borders

From the 1970s, Latin American immigration, mainly from Mexico, increased rapidly surpassing European migration in the 1980s for the first time in US history and now constituting over half of the total foreign-born population in the United States. In this paper, I compare this newer, Latin American wave of immigration to earlier, European waves and find that though a combination of push-pull and structural perspectives does much to explain the European experience, it fails to explain Mexican-origin migration and nature of incorporation. Therefore, I argue for an interactive colonization approach to understanding the uniqueness of the Mexicanorigin immigration experience.


Review Of Security And Everyday Life Edited By Vida Bajc And Willem De Lint, Toni Y. Sims-Muhammad Jan 2012

Review Of Security And Everyday Life Edited By Vida Bajc And Willem De Lint, Toni Y. Sims-Muhammad

Societies Without Borders

No abstract provided.


Just Places: Creating A Space For Place In Environmental Justice, Damayanti Banergee Jan 2012

Just Places: Creating A Space For Place In Environmental Justice, Damayanti Banergee

Societies Without Borders

This paper explores how discourses on sense of place and cultural heritage inform environmental justice conflicts. I argue that while economic distribution remains the overarching frame within environmental justice scholarship, cultural entitlement concerns are rarely discussed in the literature. I argue that environmental justice scholarship can draw upon place and cultural research to explore how cultural entitlement claims can be incorporated in environmental justice. I draw upon place literature to propose a three-dimensional typology of place. I call these three dimensions – political place, cultural place, and moral place. The proposed typology allows us to examine how discourses of place …


Symposium On The Implications Of The Asa Human Rights Statement For Research, Teaching And Service, Mark Frezzo, Judith Blau, Louis Edgar Esparza, Davita Silfen Glasbert, Bruce K. Friesen Jan 2012

Symposium On The Implications Of The Asa Human Rights Statement For Research, Teaching And Service, Mark Frezzo, Judith Blau, Louis Edgar Esparza, Davita Silfen Glasbert, Bruce K. Friesen

Societies Without Borders

No abstract provided.


Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar Jan 2012

Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar

Societies Without Borders

Grave breaches of the Geneva Conventions are international offenses and perpetrators can be prosecuted abroad if accountability is not pursued at home. The US torture policy, instituted by the Bush administration in the context of the “war on terror” presents a contemporary example of liability for gross crimes under international law. For this reason, classification and secrecy have functioned in tandem as a shield to block public knowledge about prosecutable offenses. Keeping such information secret and publicizing deceptive official accounts that contradict the truth are essential to propaganda strategies to sustain American support or apathy about the country’s multiple current …


Review Of Divided Cities: Belfast, Beirut, Jerusalem, Mostar, And Nicosia By Jon Calame And Esther Charlesworth, Daina Cheyenne Harvey Jan 2012

Review Of Divided Cities: Belfast, Beirut, Jerusalem, Mostar, And Nicosia By Jon Calame And Esther Charlesworth, Daina Cheyenne Harvey

Societies Without Borders

No abstract provided.


The Human Rights Enterprise And Women’S Rights Organizing, Barret Katuna Jan 2012

The Human Rights Enterprise And Women’S Rights Organizing, Barret Katuna

Societies Without Borders

The highly-contested discourse of human rights figures prominently in the pronouncements of the United Nations, nation-states, and civil society entities. As a result, the human rights label may be applied to activist networks that do not necessarily characterize themselves as human rights networks. Yet, the principles of these networks clearly align with rights-based human dignity claims. How does human rights terminology impact analyses of activist organizations? How might organizations respond to this labeling? Furthermore, what are the methodological lessons to be learned from this process? In this article, I examine one case that highlights my application of a human rights …


“American Exceptionalism”—On What End Of The Continuum?, Assem Hasnain, Josh King, Judith Blau Jan 2012

“American Exceptionalism”—On What End Of The Continuum?, Assem Hasnain, Josh King, Judith Blau

Societies Without Borders

This paper draws from global understandings about Human Rights, recasting them in terms of a sociological conception of the dimensions of a Decent Society. We pose our questions within the framework of American Exceptionalism, because the assumptions that underlie that term have never been empirically examined. Can we conclude on the basis of this analysis that America, when compared with other countries, advances human rights? No. Can we conclude on the basis of this analysis that America, when compared with other countries, is a Decent Society? No. Can we conclude on the basis of this empirical analysis that America, when …


“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews Jan 2012

“Learning The Truth And Stating The Facts”: Us State Department Claims-Making And The Construction Of “Human Rights”, Nancy A. Matthews

Societies Without Borders

Official US discourse claims US leadership and benevolence in promoting human rights worldwide. But US action on human rights is more complicated and paradoxical. My aim is to problematize “human rights” in particular discursive contexts in order to discover what is encompassed by this set of concepts and how the discourse about human rights exposes the relations of ruling (Smith 1990). I examine the discourse of the powerful, i.e., the US State Department in its Annual Country Reports on Human Rights. The repetition of facts, assertions, and ideas by a hegemonic institution constructs a reality that is difficult to counter. …


Review Of Fallgirls: Gender And The Framing Of Torture At Abu Ghraib By Ryan Ashley Caldwell, Amina Zarrugh Jan 2012

Review Of Fallgirls: Gender And The Framing Of Torture At Abu Ghraib By Ryan Ashley Caldwell, Amina Zarrugh

Societies Without Borders

No abstract provided.


Review Of Inside Al-Qaeda And The Taliban: Beyond Bin Laden And The 9/11 By Saleem Shahzad, Sikandar Tangi Jan 2012

Review Of Inside Al-Qaeda And The Taliban: Beyond Bin Laden And The 9/11 By Saleem Shahzad, Sikandar Tangi

Societies Without Borders

No abstract provided.


“Social Science Without Borders: Looking Back, Looking Forward”, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo Jan 2012

“Social Science Without Borders: Looking Back, Looking Forward”, David L. Brunsma, Keri E. Iyall Smith, Mark Frezzo

Societies Without Borders

No abstract provided.


What Does A Sociology Without Borders Look Like?, Tanya Golash-Boza Jan 2012

What Does A Sociology Without Borders Look Like?, Tanya Golash-Boza

Societies Without Borders

In this essay, I consider what a sociology without borders would look like through an exploration of two questions: 1) How can sociology be mobilized to make the world a better place? and 2) What does a sociology of human rights look like? To answer these questions, I take the reader through a discussion of the history of Sociologists without Borders, the influence of Professor Judith Blau, and my own excursions into the sociology of human rights in the United States and abroad.


Sociologists Without Borders And The Meaning Of “Without Borders”: The Social Construction Of Organizational And Scholarly Boundaries, Davita Silfen Glasberg Jan 2012

Sociologists Without Borders And The Meaning Of “Without Borders”: The Social Construction Of Organizational And Scholarly Boundaries, Davita Silfen Glasberg

Societies Without Borders

This manuscript examines what it means to be “without borders” in an organizational and scholarly context.


Accomplishments Behind, Barriers Ahead: Doing Sociology Without Borders, Dave Overfelt Jan 2012

Accomplishments Behind, Barriers Ahead: Doing Sociology Without Borders, Dave Overfelt

Societies Without Borders

The mission of Societies Without Borders (SWB), to bring “scholars from different continents closer together by showing their different approaches of the same research materials”, creates a space for scholarship like none other. In this article I assess several approaches to doing a sociology without borders that have emerged from SWB, explore some of the remaining barriers to doing this sociology, and offer some ideas on how we might break down the borders that still impede our lives and sciences.


The Collaborative Dialogue Panel: Changing The Model Of The Professional Sociology Conference, Kenneth A. Gould Jan 2012

The Collaborative Dialogue Panel: Changing The Model Of The Professional Sociology Conference, Kenneth A. Gould

Societies Without Borders

The emergence of Sociologists Without Borders opened up new opportunities for social justice oriented intellectual engagement and collaboration. Given the opportunity to re-imagine the structure and function of professional conferences, a number of us who were focused on issues of environmental justice as a human right came together in 2006 to challenge the traditional model of serial paper presentations at panel sessions. The collaborative dialogue panel brings together sociologists focused on a specific social problem or issue, and asks them to work together to generate questions and answers in a public forum in dialogue with each other and with others …


To Be A Sociologist Without Borders, Judith Blau, Keri E. Iyall Smith Jan 2012

To Be A Sociologist Without Borders, Judith Blau, Keri E. Iyall Smith

Societies Without Borders

In a conversation with Keri E. Iyall Smith, Judith R. Blau shares her thoughts on the early days of Sociologists Without Borders/Sociólogos Sin Fronteras (SSF). She explains the impetus for the organization and some of its early victories. She then describes her work today with the Human Rights Center (HRC), where members of Carrboro and Chapel Hill are working together to live the dream of human rights.


Ssf, And It’S Identity, Rodney D. Coates Jan 2012

Ssf, And It’S Identity, Rodney D. Coates

Societies Without Borders

No abstract provided.


Nature, Society And Social Change, Michael Briguglio Jan 2012

Nature, Society And Social Change, Michael Briguglio

Societies Without Borders

Environmental destruction has become an everyday reality in the contemporary world. Major concerns are being put forward regarding the dangers to the environment in general and to human societies in particular, with strong focus currently being put on climate change. Sociology has an important role to play in the analysis of environmental problems. The interaction between nature and society can be analysed through the concept of overdetermination. At the same time, the social construction on environmental problems is imperative for environmental issues to reach the agenda. An active environmental sociology which is as much concerned with analysis as it is …


Of Tools And Houses: Sociologists Without Borders And The Aaas Science And Human Rights Coalition, Bruce K. Friesen, Mark Frezzo, Brian K. Gran Jan 2012

Of Tools And Houses: Sociologists Without Borders And The Aaas Science And Human Rights Coalition, Bruce K. Friesen, Mark Frezzo, Brian K. Gran

Societies Without Borders

Sociologists Without Borders (SSF) has played a key role in the Science and Human Rights Coalition (SHRC) of the American Association for the Advancement of Science. This Coalition, which consists of nearly fifty scientific organizations, seeks to advance the human right to benefit from scientific progress and its application. This article critically evaluates SSF’s role in the SHRC. After providing background on the work, organization, and objectives of the Coalition, this article then elaborates on how sociologists, particularly representatives of the American Sociological Association and SSF, have collaborated with other scientists on various projects designed to implement this human right. …


Wired Nation: How The Tea Party Drove An Anti-Immigrant Campaign, Louis Edgar Esparza, Judith Blau Jan 2012

Wired Nation: How The Tea Party Drove An Anti-Immigrant Campaign, Louis Edgar Esparza, Judith Blau

Societies Without Borders

Emails written by activists mobilized by organizations affiliated with the tea party and supporting anti-immigrant legislation illustrate two primary kinds of tea party activists. Most activists articulate economic grievances and employ paralogical argumentation that, for them, resolves real grievances with anti-immigrant state policy. A smaller set stands against illegal immigration, a priori. Surprisingly, we also find that this email mobilization attracted a significant number of counter-protest emails. We conclude that tea party activists have channeled energy originating from legitimate grievances into scapegoating immigrant groups in Arizona in the campaign to support SB 1070. On the tenth anniversary of SSF, we …


Homage To Maps; Still; To The Occupation, Kenneth A. Gould, Jeremy "Germ" Dehart Jan 2012

Homage To Maps; Still; To The Occupation, Kenneth A. Gould, Jeremy "Germ" Dehart

Societies Without Borders

No abstract provided.


Comparative Perspective Of The Impact Of Canadian And United States Oil Regulation Differences On Approving Use Of New Petroleum-Based Energy Sources, A, Diana Mohyi Jan 2012

Comparative Perspective Of The Impact Of Canadian And United States Oil Regulation Differences On Approving Use Of New Petroleum-Based Energy Sources, A, Diana Mohyi

Canada-United States Law Journal

No abstract provided.


2012 Niagara Problem And Bench Memo Jan 2012

2012 Niagara Problem And Bench Memo

Canada-United States Law Journal

No abstract provided.


Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment, Stefanie Bowles Jan 2012

Towards Sustainable Consumption And Production In North America: Building Legitimacy Through Roles And Responsibilities In A Beyond Compliance Operating Environment, Stefanie Bowles

Canada-United States Law Journal

No abstract provided.


Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska Jan 2012

Law Of The Sea And Lng: Cross-Border Law And Politics Over Head Harbor Passage, The, James Kraska

Canada-United States Law Journal

No abstract provided.