Law and Society Commons^™

Workshop | Body Worn Video Recorders: The Socio-Technical Implications Of Gathering Direct Evidence, Katina Michael, Alexander Hayes

Alexander Hayes Mr.

- From in-car video recording to body-worn video recording

- Exploring available technologies: how do they work, pros and cons

- Storing direct evidence in secure storage: factors to consider

- Citizens “shooting” back with POV tech – what are their rights?

- Crowdsourced sousveillance- harnessing public data for forensic profiling

- Police force policies and practices on the application of new media

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …

African American Oral Histories Of Oak Ridge, Tennessee, Public Schools During The Early Days Of Desegregation, 1955 – 1967, Lorena B. Whipple

Doctoral Dissertations

Many traditional historical texts of the United States are missing the voiced presence of African Americans. Existing historical texts concerning desegregation in the South, and particularly in Tennessee, are missing African Americans’ experienced perspectives during racial desegregation in Oak Ridge, Tennessee. The intention of this dissertation is to use oral history as a methodology to document the memories of seven African Americans who participated in the racial desegregation of Oak Ridge, Tennessee public schools. Critical race theory is the interpretive lens used to analyze the interviews. The oral historical accounts contained in this study suggest African Americans have a unique …

Moral Economy And The Upper Peasant: The Dynamics Of Land Privatization In The Mekong Delta, Timothy Gorman

Department of Sociology Faculty Scholarship and Creative Works

This paper examines how people mobilize around notions of distributive justice, or ‘moral economies’, to make claims to resources, using the process of post‐socialist land privatization in the Mekong Delta region of southern Vietnam as a case study. First, I argue that the region's history of settlement, production, and political struggle helped to entrench certain normative beliefs around landownership, most notably in its population of semi‐commercial upper peasants. I then detail the ways in which these upper peasants mobilized around notions of distributive justice to successfully press demands for land restitution in the late 1980s, drawing on Vietnamese newspapers and …

When Poverty Is The Worst Crime Of All: A Film Review Of Gideon’S Army (2013), Jessica S Henry

Department of Justice Studies Faculty Scholarship and Creative Works

This review of the Sundance Award-winning documentary film, Gideon’s Army, examines the disparate impact of the criminal justice system on the poor and, particularly, poor people of color.

Narratives Of War In Islamic Societies, Whose Side Is God On?, Ahmed Souaiaia

Ahmed E SOUAIAIA

The so-called Arab Spring ushered in a new era of conflict that is transforming Islamic societies in unprecedented ways. In the past two years, peaceful protests ousted some of the most ruthless dictators of the Arab world. Then, violent rebellions destroyed communities in Libya and Syria, stifled the non-violent movement, and amplified sectarian tensions by interjecting God into some of the most gruesome conflicts. By looking at the Syrian crisis as a case study, in this article I explore the function of narratives in managing war and the nature and evolution of Islamism in Islamic societies.

A Theory Without A Movement, A Hope Without A Name: The Future Of Marxism In A Post-Marxist World, Justin Schwartz

Justin Schwartz

Just as Marx's insights into capitalism have been most strikingly vindicated by the rise of neoliberalism and the near-collapse of the world economy, Marxism as social movement has become bereft of support. Is there any point in people who find Marx's analysis useful in clinging to the term "Marxism" - which Marx himself rejected -- at time when self-identified Marxist organizations and societies have collapsed or renounced the identification, and Marxism own working class constituency rejects the term? I set aside bad reasons to give on "Marxism," such as that the theory is purportedly refuted, that its adoption leads necessarily …

Who We Are: Incarcerated Students And The New Prison Literature, 1995-2010, Reilly Hannah N. Lorastein

Honors Projects

This project focuses on American prison writings from the late 1990s to the 2000s. Much has been written about American prison intellectuals such as Malcolm X, George Jackson, Eldridge Cleaver, and Angela Davis, who wrote as active participants in black and brown freedom movements in the United States. However the new prison literature that has emerged over the past two decades through higher education programs within prisons has received little to no attention. This study provides a more nuanced view of the steadily growing silent population in the United States through close readings of Openline, an inter-disciplinary journal featuring …

What Men?: The Essentialist Error Of The End Of Men, Nancy E. Dowd

UF Law Faculty Publications

Many aspects of The End of Men are debatable. Among them is the critical issue of essentialism: do Rosin's claims about women withstand scrutiny when we ask, “Is this representative of all women?” While women as a group may have progressed in some domains, they have remained the same or worse in others, and some women have not progressed at all.

An even more significant shortcoming of The End of Men, however, is its essentialism about men. Rosin assumes a beginning, namely, men's prior place of power and privilege in the domains she addresses. To assume that is true of …

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

“Onde Está A Felicidade?", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

“Onde Está A Felicidade", Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Poderemos ser felizes? Passamos a maior parte do tempo a trabalhar, no emprego ou em casa, e em Portugal até dormimos cada vez menos. A aproximação à felicidade parece cada vez mais depender de como nos sentirmos no trabalho. E face à dura realidade, poderemos sonhar que todos sejam felizes no trabalho, ou tal será uma quimera?

Property Lost In Translation, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

The world is full of localized, non-standard property regimes that co-exist alongside state property laws. This Article provides the first comprehensive look at the phenomenon of localized property systems, and the difficulties that necessarily attend the translation of localized property rights.

Rather than survey the numerous localized property systems in the world, this Article explores the common features of the interaction between localized and state property systems. All localized property systems entail translation costs with the wider state property systems around them. Translation costs result from incompatibilities, as well as information and enforcement costs. Focusing on translation costs, the Article …

Crime Virtuoso, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Neste artigo discute-se o que há de profundo e o que há de circunstancial na mania das fotocópias de livros e os problemas conexos da educação e da edição.

Para Uma Desconstrução Social E Política, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Feira de vaidades, sociedade de enganos, mundo de aparências, a pólis em tempo de crise profunda mostra rostos que não são a sua alma, se é que ainda a tem (e não a vendeu já: por exemplo ao diabo). É preciso olhar raio X para ver através das cortinas de fumo quando, na comunidade política, por um lado se quer parecer o que se não é, ou meramente se pretende demostrar o que se pensa, sem se ter já qualquer veleidade de alterar o que está aí. Quando as consciências morais - ou quem a tal aspire - se limitam …

Wie Featured Person Of The Month Highlights (Katina Michael), Keyana Tenant, Katina Michael

Professor Katina Michael

The WIE Featured Person of the Month is Katina Michael, editor-in-chief of IEEE Technology and Society Magazine. After working at OTIS Elevator Company and Andersen Consulting, Katina was offered and exciting graduate engineering position at Nortel in 1996; and her career has been fast track from there. Read Katina’s story on Page 7.

Natural Disasters And Early Warning Systems In Australia, Emma Papaemanuel, Katina Michael, Peter Johnston

Professor Katina Michael

Australia's national emergency warning system alerts. Radio program in Greek.

Are Disaster Early Warnings Effective?, Kerri Worthington, Katina Michael, Peter Johnson, Paul Barnes

Professor Katina Michael

Australia's summer is traditionally a time of heightened preparation for natural disasters, with cyclones and floods menacing the north and bushfires a constant threat in the south. And the prospect of more frequent, and more intense, disasters thanks to climate change has brought the need for an effective early warning system to the forefront of policy-making. Technological advances and improved telecommunication systems have raised expectations that warning of disasters will come early enough to keep people safe. But are those expectations too high? Kerri Worthington reports. Increasingly, the world's governments -- and their citizens -- rely on technology-based early warning …

Concern People Without Latest Technology Will Miss Fire Warnings, Sally Sara, Ashley Hall, Peter Johnson, Katina Michael

Professor Katina Michael

But what if the website goes down in the way Victoria's Country Fire Authority website crashed as fires raged a few weeks ago? What about those people who don't own the latest technology? And what happens when the power goes out?

KATINA MICHAEL: Well there's no television, there isn't ability to access the internet potentially.

ASHLEY HALL: Professor Katina Michael is Associate Professor at the School of Information Systems and Technology at the University of Wollongong.

KATINA MICHAEL: I would suggest a long lasting powered radio because we don't want is we don't want when the lights go out, or …

Vencer A Crise. Ética, Psicologia E Partidos, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Crise e medidas de liofilização e compressão ensurdecem toda a comunicação social. Há contudo que analisar as raízes psicológicas da crise e da crise sobre a crise, e urgentemente regenerar os partidos, sob pena de sempre se ter "mais do mesmo". Ou então muito diferente, porque a obstinação de uns levará à obstinação de outros. E se a II República não mostrar que vale a pena, poderá vir (o diabo não nos oiça) uma anti-república que se chamará IV (porque contará também o Estado Novo) a tentar resolver tudo à força.

Neoliberalism And The Law: How Historical Materialism Can Illuminate Recent Governmental And Judicial Decision Making, Justin Schwartz

Justin Schwartz

Neoliberalism can be understood as the deregulation of the economy from political control by deliberate action or inaction of the state. As such it is both constituted by the law and deeply affects it. I show how the methods of historical materialism can illuminate this phenomenon in all three branches of the the U.S. government. Considering the example the global financial crisis of 2007-08 that began with the housing bubble developing from trade in unregulated and overvalued mortgage backed securities, I show how the repeal of the Glass-Steagall Act, which established a firewall between commercial and investment banking, allowed this …

Tattoos & Ip Norms, Aaron K. Perzanowski

Aaron K. Perzanowski

The U.S. tattoo industry generates billions of dollars in annual revenue. Like the music, film, and publishing industries, it derives value from the creation of new, original works of authorship. But unlike rights holders in those more traditional creative industries, tattoo artists rarely assert formal legal rights in disputes over copying or ownership of the works they create. Instead, tattooing is governed by a set of nuanced, overlapping, and occasionally contradictory social norms enforced through informal sanctions. And in contrast to other creative communities that rely on social norms because of the unavailability of formal intellectual property protection, the tattoo …

A Noble Cause: A Case Study Of Discrimination, Symbols, And Reciprocity, In: Diversity And European Human Rights, Yofi Tirosh

Yofi Tirosh

This chapter is part of a volume dedicated to rewriting human rights cases issued by the European Court of Human Rights. It uses the case of De La Cierva Osorio De Moscoso v. Spain (1999) as a platform to discuss the inherent tension typifying signs such as nobility titles – as merely symbolic or as carrying substantive content. The problem of one’s ownership of signs is especially acute in the case of women. I will argue that the distinction between form and substance collapses in this case, as in many other cases that involve allocation of allegedly merely symbolic signifiers …

The Limits Of Debate Or What We Talk About When We Talk About Gender Imbalance On The Bench, Keith Bybee

Keith J. Bybee

What do we talk about when we talk about gender imbalance on the bench? The first thing we do is keep track of the number of female judges. Once the data has been gathered, we then argue about what the disparity between men and women in the judiciary means. These arguments about meaning are not freestanding. On the contrary, I claim that debates over gender imbalance occur within the context of a broader public debate over the nature of judicial decisionmaking. I argue that this public debate revolves around dueling conceptions of the judge as impartial arbiter and as politically …

Enhancing Communication Between Scientists, Government Officials, And The Lay Public: Advancing Science And Protecting The Public's Welfare Through Better Multi-Stakeholder Interfacing, Clark J. Lee, Patrick P. Rose, Earl Stoddard Iii

Homeland Security Publications

No abstract provided.

United States V. Windsor And The Role Of State Law In Defining Rights Claims, Ernest A. Young

Faculty Scholarship

The Supreme Court’s recent decision in United States v. Windsor is best understood from a Legal Process perspective. Windsor struck down Section 3 of the federal Defense of Marriage Act (“DOMA”), which defined marriage as exclusively between a man and a woman for purposes of federal law. Much early commentary, including Professor Neomi Rao’s essay in these pages, has found Justice Kennedy’s opinion for the Court to be “muddled” and unclear as to its actual rationale. But the trouble with Windsor is not that the opinion is muddled or vague; the rationale is actually quite evident on the face of …

Mocking Equality: Reproduction Of Gender Hierarchy In Collegiate Mock Trial, Lily M. Foss

Scripps Senior Theses

During the information sessions that the Scripps Mock Trial Team hosts at the beginning of the school year for those interested in mock trial, it's customary for all the returning team members to talk about why we decided to join mock trial in college. We had no team at my high school, but at the end of my senior year, my AP American Government teacher decided that having a mock trial in class would give us valuable insight into the American legal system. I was chosen to give the closing statement for the defense, and I found my calling. My …

Natural Law & Lawlessness: Modern Lessons From Pirates, Lepers, Eskimos, And Survivors, Paul H. Robinson

All Faculty Scholarship

The natural experiments of history present an opportunity to test Hobbes' view of government and law as the wellspring of social order. Groups have found themselves in a wide variety of situations in which no governmental law existed, from shipwrecks to gold mining camps to failed states. Yet the wide variety of situations show common patterns among the groups in their responses to their often difficult circumstances. Rather than survival of the fittest, a more common reaction is social cooperation and a commitment to fairness and justice, although both can be subverted in certain predictable ways. The absent-law situations also …

The Significance Of Skin Color In Asian And Asian-American Communities: Initial Reflections, Trina Jones

Faculty Scholarship

No abstract provided.

Debate: The Constitutionality Of Stop-And-Frisk In New York City, David Rudovsky, Lawrence Rosenthal

All Faculty Scholarship

Stop-and-frisk, a crime prevention tactic that allows a police officer to stop a person based on “reasonable suspicion” of criminal activity and frisk based on reasonable suspicion that the person is armed and dangerous, has been a contentious police practice since first approved by the Supreme Court in 1968. In Floyd v. City of New York, the U.S. District Court for the Southern District of New York ruled that New York City’s stop-and-frisk practices violate both the Fourth and Fourteenth Amendments. Professors David Rudovsky and Lawrence Rosenthal debate the constitutionality of stop-and-frisk in New York City in light of …