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Articles 31 - 60 of 95
Full-Text Articles in Law and Society
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig
Racial And Gender Justice In The Child Welfare And Child Support Systems, Margaret Brinig
Journal Articles
While divorcing couples in the United States have been studied for many years, separating unmarried couples and their children have proven more difficult to analyze. Recently there have been successful longitudinal ethnographic and survey-based studies. This piece uses documents from a single Indiana county’s unified family court (called the Probate Court) to trace the effects of race and gender on unmarried families, beginning with a sample of 386 children for whom paternity petitions were brought in four months of 2008. It confirms prior theoretical work on racial differences in noncustodial parenting and poses new questions about how incarceration and gender …
The Pet Keeping Industry In The American City, Irus Braverman
The Pet Keeping Industry In The American City, Irus Braverman
Journal Articles
Two years ago, my now nine-year-old daughter decided that she, too, wants in on the American dream. A family without a dog is incomplete, so the dominant narrative around us seems to dictate – and that narrative was readily picked up by my daughter and, subsequently, by her younger sister as well. The pressure is now fully on for us to “adopt” a dog who would fill our days with laughter and fun. A dog who would make us belong. Despite my initial urge to satisfy my daughters’ passionate desire, I cannot help but to contemplate the broader role of …
Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint
Incarceration To Incorporation: Economic Empowerment For Returning Citizens Through Social Impact Bonds, Etienne C. Toussaint
Journal Articles
No abstract provided.
Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, Mae C. Quinn
Post-Ferguson Social Engineering: Problem-Solving Justice Or Just Posturing, Mae C. Quinn
Journal Articles
No abstract provided.
What Is Buddhist Law?, Rebecca Redwood French
Philosophical Inquiry And Social Practice, John Henry Schlegel
Philosophical Inquiry And Social Practice, John Henry Schlegel
Journal Articles
No abstract provided.
Keynote Address: Reimagining Law And Society Research In Southeast Asia, David M. Engel
Keynote Address: Reimagining Law And Society Research In Southeast Asia, David M. Engel
Journal Articles
No abstract provided.
Three Globalizations: An Essay In Inquiry, John Henry Schlegel
Three Globalizations: An Essay In Inquiry, John Henry Schlegel
Journal Articles
No abstract provided.
Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel
Perception And Decision At The Threshold Of Tort Law: Explaining The Infrequency Of Claims, David M. Engel
Journal Articles
Although numerous studies have confirmed that tort victims rarely litigate and that most simply "lump" their losses, we lack an understanding of why this should be so. Why do the vast majority of injured persons choose inaction over action? Explanations relying on rational actor theories on the one hand or cultural determinism on the other have been sharply challenged by recent studies of mind, culture, and cognition, particularly with respect to individual responses to physical trauma and disablement. This article, drawing on a broad interdisciplinary literature dealing with injury victims, proposes a new model of perception and decision by persons …
Animal Frontiers: A Tale Of Three Zoos In Israel/Palestine, Irus Braverman
Animal Frontiers: A Tale Of Three Zoos In Israel/Palestine, Irus Braverman
Journal Articles
Situated within fifty miles of each other at the heart of Israel-Palestine, three zoos — Jerusalem, Qalqilya, and Gaza — tell three very different stories about nonhuman animals, humans, and their imbricated survival across borders and at times of war. Through in-depth interviews with personnel from these three zoos, this article tracks the material and symbolic identities of three zoo animals. Yet the article is not just about animals; it is also a story about nationalism and its clandestine manifestations in ideologies of conservation. I argue here that alongside the straightforward story about sustaining wildlife, Israeli zoos’ control of zoo …
Animal Mobilegalities: The Regulation Of Animal Movement In The American City, Irus Braverman
Animal Mobilegalities: The Regulation Of Animal Movement In The American City, Irus Braverman
Journal Articles
The initial focus of “animobility” scholarship has been on the dynamic physical geographies of animals. This article extends the meaning of animobility to explore the ways in which animals are affected — and, in fact, constituted — by law, as well as the ways in which they affect and constitute law, which I call “mobilegalities.” Specifically, I ask how animobility in contemporary American cities translates into the animals’ legal mobility, and how laws can adapt to animobility and the ensuing mobilegality by setting “traps” that then immobilize the animals. This article demonstrates, finally, that law is not a static narrative …
The Psychology Of Competition: A Social Comparison Perspective, Stephen M. Garcia, Avishalom Tor, Tyrone M. Schiff
The Psychology Of Competition: A Social Comparison Perspective, Stephen M. Garcia, Avishalom Tor, Tyrone M. Schiff
Journal Articles
Social comparison—the tendency to self-evaluate by comparing ourselves to others—is an important source of competitive behavior. We propose a new model that distinguishes between individual and situational factors that increase social comparison and thus lead to a range of competitive attitudes and behavior. Individual factors are those that vary from person to person: the relevance of the performance dimension, the similarity of rivals, and their relationship closeness to the individual, as well as the various individual differences variables relating to social comparison more generally. Situational factors, conversely, are those factors on the social comparison landscape that affect similarly situated individuals: …
Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He
Using Community Based Participatory Research To Study The Relationship Between Sources And Types Of Funding And Mental Health Outcomes For Children Served By The Child Welfare System In Ohio, Susan Vivian Mangold, Catherine Cerulli, Gregory Kapcar, Crystal Ward Allen, Kim Kaukeinen, Hua He
Journal Articles
No abstract provided.
Together Again, John Henry Schlegel
Uprooted Justice: Transformations Of Law And Everyday Life In Northern Thailand, David M. Engel
Uprooted Justice: Transformations Of Law And Everyday Life In Northern Thailand, David M. Engel
Journal Articles
Studies of law in everyday life tend to view law either as instrumental in shaping specific decisions and practices or as constitutive of the cultural categories through which humans apprehend their world and perceive law as relevant to a greater or lesser extent. This article, however, suggests that circumstances may arise in which law’s role in relation to everyday life is neither instrumental nor constitutive but instead becomes one of radical dissociation. Based on an analysis of injuries in northern Thailand, it examines two transformational episodes in Thai legal and political history. The first occurred at the turn of the …
Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish
Maximum Feasible Participation Of The Poor: New Governance, New Accountability, And A 21st Century War On The Sources Of Poverty, Tara J. Melish
Journal Articles
In 1964, President Lyndon B. Johnson called for a Nationwide War on the Sources of Poverty to “strike away the barriers to full participation” in our society. Central to that war was an understanding that given poverty’s complex and multi-layered causes, identifying, implementing, and monitoring solutions to it would require the “maximum feasible participation” of affected communities. Equally central, however, was an understanding that such decentralized problem-solving could not be fully effective without national-level orchestration and support. As such, an Office of Economic Opportunity was established – situated in the Executive Office of the President itself – to support, through …
Progress, Innovation And Technology: A Delicate "Google" Balance, Robert I. Reis
Progress, Innovation And Technology: A Delicate "Google" Balance, Robert I. Reis
Journal Articles
No abstract provided.
Lumping As Default In Tort Cases: The Cultural Interpretation Of Injury And Causation, David M. Engel
Lumping As Default In Tort Cases: The Cultural Interpretation Of Injury And Causation, David M. Engel
Journal Articles
Empirical studies of the tort law system suggest that "lumping, " or decisions by victims to do without adequate remedies, should be regarded as the predominant response to injury in American society and elsewhere. Yet research on lumping remains conceptually impoverished and gives insufficient attention to the culturalftameworks victims use to interpret their experiences and determine their responses. This Article presents the stories of injury victims in Thailand and compares their common-sense understandings of torts and tort law to those of injured Americans. It argues that analyses of lumping in America as well as Asia should take into account the …
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda
The Struggling Class: Replacing An Insider White Female Middle Class Dream With A Struggling Black Female Reality, Angela Mae Kupenda
Journal Articles
“What is the appropriate role of former outsiders who are now on the inside?” I propose that the appropriate role for an outsider who is now an insider, is not to sprawl out on plush, white, crushed velvet sofas, sipping vintage wines or imported teas and nibbling at aged cheese and delicate crackers while enjoying being one among a quota or token few that made it to the inside. Rather, the role of a former outsider is to go to work from the inside to dismantle the house, shrewdly using available tools to remove the nails from the walls, loosening …
Uprooting Identities: The Regulation Of Olive Trees In The Occupied West Bank, Irus Braverman
Uprooting Identities: The Regulation Of Olive Trees In The Occupied West Bank, Irus Braverman
Journal Articles
The Israeli/Palestinian conflict has rarely been associated with trees in the common perception. This article reveals the complex historical and cultural processes that have led to strong identification between the olive tree and the Palestinian people, arguing that this identification is not only a reflection of the olive’s unique economic and cultural status in this region but also an act of resistance to Israel’s occupation. The article also explains how Israel’s tightening of surveillance, practiced in the name of olive protection, actually ends up forcing an alien set of spatial and temporal regimes on the everyday life of Palestinians in …
Changing Federal Statutory Proposals To Address Domestic Violence At Work: Creating A Societal Response By Making Businesses A Part Of The Solution, Marcy L. Karin
Journal Articles
Over five million acts of domestic violence are committed every year.1 The prevalence of these acts makes domestic violence “the leading cause of injury to women.”2 Detrimental wherever they occur, these acts are not limited to the privacy of one’s home. Instead, domestic violence regularly and repeatedly spills over to the “public” workplace.For example, Francescia La Rose’s former boyfriend called her supervisor and threatened to come to the office to kill La Rose if she was not fired. Her employer responded by warning La Rose to keep her personal problems out of the workplace. The next day, the ex-boyfriend walked …
For Peter, With Love, John Henry Schlegel
Loo Law: The Public Washroom As A Hyper-Regulated Space, Irus Braverman
Loo Law: The Public Washroom As A Hyper-Regulated Space, Irus Braverman
Journal Articles
The article suggests that the public washroom is the most regulated of all public spaces, at least in the United States. It offers several possible explanations for this hyper-juridical attention. First and foremost, the article argues, such hyper-regulation of the public washroom has to do with the sanitary and moral significance of this space. Secondly, the intensity of washroom regulation is due to its ambiguous public/private properties. Finally, the intense regulation of the public washroom is the result of physio-anatomical functions performed in it. Utilizing the State of New York as a lens through which to observe the various issues …
Follow The Money: Federal, State, And Local Funding Strategies For Child Welfare Services And The Impact Of Local Levies On Adoptions In Ohio, Susan V. Mangold, Catherine Cerulli
Follow The Money: Federal, State, And Local Funding Strategies For Child Welfare Services And The Impact Of Local Levies On Adoptions In Ohio, Susan V. Mangold, Catherine Cerulli
Journal Articles
No abstract provided.
Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua
Introducing Classcrits: Rejecting Class-Blindness, A Critical Legal Analysis Of Economic Inequity, Athena D. Mutua
Journal Articles
In 2007, two workshops at the University at Buffalo launched a project bringing together legal scholars interested in exploring the relationship between law and economic inequality. This article provides an overview of the workshops’ key understandings and discussions. The essay suggests that these understandings, informed by critical legal scholarship, constituted a set of shared assumptions among the participants and informed the groups’ rejection of class blindness, a society-wide blindness to the existence and use of economic power. Discussing some of the functional similarities of gender, race and class blindness, the article argues that feminist and critical race scholars’ critiques of …
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Why Is It A Crime To Stomp On A Goldfish? - Harm, Victimhood And The Structure Of Anti-Cruelty Offenses, Luis E. Chiesa
Journal Articles
No abstract provided.
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Competitive Supragovernmental Regulation: How Could It Be Democratic?, Errol E. Meidinger
Journal Articles
This paper explores the possibility that a developing form of regulatory governance is also sketching out a new form of anticipatory regulatory democracy. 'Competitive supra-governmental regulation' is largely driven by non-state actors and is therefore commonly viewed as suffering a democracy deficit. However, because it stresses broad participation, intensive deliberative procedures, responsiveness to state law and widely accepted norms, and competition among regulatory programs to achieve effective implementation and widespread public acceptance, this form of regulation appears to stand up relatively well under generally understood criteria for democratic governance. Nonetheless, a more satisfactory evaluation will require a much better understanding …
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Drawing Back From The Abyss, Or Lessons Learned From Count Von Count, John Henry Schlegel
Journal Articles
No abstract provided.
Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman
Governing Certain Things: The Regulation Of Street Trees In Four North American Cities, Irus Braverman
Journal Articles
Most sociolegal studies of the urban street focus on the human element. By focusing on the tree, my Article offers a unique perspective on the interrelations between various actors within the public spaces of modern North American cities. Situated at the intersection of legal geography, anthropology, and Science and Technology Studies, this Article demonstrates how natural artifacts function as technologies of governance, thereby masking crucial political interventions behind a natural facade. The tensions between nature and the city, as embedded in both the construction and the regulation of street trees, provide an unusual perspective on the management of urban populations …
"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman
"Everybody Loves Trees": Policing American Cities Through Street Trees, Irus Braverman
Journal Articles
Recently, municipalities have been investing large sums of money as well as much bureaucratic and professional effort into making their cities not only a more "treefull" place, but also a place that surveys, measures, regulates, and manages its trees. This article explores the transformation of the utilitarian discourse on trees, which focuses on the benefits of trees and greenery, into a normative discourse whereby trees are not only considered good but are also represented as if they are or should be loved by everybody. This transformation is not only the result of top-down governmental policies. It is also a consequence …