Law Commons^™

Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick

Timothy Zick

No abstract provided.

De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco

Juan Branco

No abstract provided.

Enforcing Wildlife Protection In China, Peter J. Li

Peter J. Li, PhD

Since China enacted the Wildlife Protection Law in 1988, its wildlife has been threatened with the most serious survival crisis. In the prereform era, wildlife was a neglected policy area. Serving the objective of reform, the Wildlife Protection Law upholds the “protection, domestication, and utilization” norm inherited from past policies. It establishes rules for wildlife management and protection. This law provides for penalties against violations. Yet, its ambiguous objectives, limited protection scope, and decentralized responsibilities have made its enforcement difficult. Political factors such as institutional constraints, national obsession with economic growth, shortage of funding, and local protectionism have made the …

The Juarez Wives Club: Gendered Citizenship And Us Immigration Law, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

Bibliography Of Books On Muslims And Islam In The United States (1970-2015), Sahar Aziz, Cynthia Burress

Cynthia Burress

The Digital Dionysus: Nietzsche & The Network-Centric Condition

Dan Mellamphy

No abstract provided.

Incumbent Landscapes, Disruptive Uses: Perspectives On Marijuana-Related Land Use Control, Donald J. Kochan

Donald J. Kochan

The Punishment/El Castigo: Undocumented Latinos And U.S. Immigration Processing, Ruth Gomberg-Munoz

Ruth Gomberg-Munoz

Carl Cohen’S ‘Kind’ Arguments For Animal Rights And Against Human Rights, Nathan Nobis

Nathan M. Nobis, PhD

Carl Cohen’s arguments against animal rights are shown to be unsound. His strategy entails that animals have rights, that humans do not, the negations of those conclusions, and other false and inconsistent implications. His main premise seems to imply that one can fail all tests and assignments in a class and yet easily pass if one’s peers are passing and that one can become a convicted criminal merely by setting foot in a prison. However, since his moral principles imply that nearly all exploitive uses of animals are wrong anyway, foes of animal rights are advised to seek philosophical consolations …

Anthropology, Human Rights, And Legal Knowledge: Culture In The Iron Cage, Annelise Riles

Annelise Riles

In this article, I draw on ethnography in the particular zone of engagement between anthropologists, on the one hand, and human rights lawyers who are skeptical of the human rights regime, on the other hand. I argue that many of the problems anthropologists encounter with the appropriation and marginalization of anthropology's analytical tools can be understood in terms of the legal character of human rights. In particular, discursive engagement between anthropology and human rights is animated by the pervasive instrumentalism of legal knowledge. I contend that both anthropologists who seek to describe the culture of human rights and lawyers who …

A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles

Annelise Riles

This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Annelise Riles

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …

Infinity Within The Brackets, Annelise Riles

Annelise Riles

The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.

Real Time: Unwinding Technocratic And Anthropological Knowledge, Annelise Riles

Annelise Riles

“The Bank of Japan is our mother,” bankers in Tokyo sometimes said of Japan's central bank. Drawing on this metaphor as an ethnographic resource, and on the example of central bankers who sought to unwind their own technocratic knowledge by replacing it with a real-time machine, I retrace the ethnographic task of unwinding technocratic knowledge from those anthropological knowledge practices that critique technocracy. In so doing, I draw attention to special methodological problems—involving the relationship between ethnography, analysis, and reception—in the representation and critique of contemporary knowledge practices.

An Ethnography Of Abstractions?, Annelise Riles

Annelise Riles

No abstract provided.

Theories And Practices Of Islamic Finance And Exchange Laws: Poverty Of Interest, Ahmed E. Souaiaia

Ahmed E SOUAIAIA

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.

Between Catastrophe And Carnival: Creolized Identities, Cityspace, And Life Narratives, Cynthia Dobbs, Daphne Lamothe, Theresa Tensuan

Cynthia Dobbs

The Role Of Social Media In Community Colleges, Cecilia Rios-Aguilar, Manuel Sacramento González Canché,, Regina Deil-Amen, Charles H.F. Davis Iii

Charles H.F. Davis III

Over the past decade, there has been a growing public fascination with the phenomenon of connectedness. One of the most important ways in which society is now connected is through social media –such as social networking sites. While both students and higher education institutions seem to be utilizing social media more and more, there still are enormous challenges in trying to understand the new dynamics generated by social media in higher education, particularly for the context of community colleges.

This research report has several purposes. The first is to document and to describe the various ways in which social media …

Natural Rights To Welfare, Siegfried Van Duffel

Siegfried Van Duffel

No abstract provided.

What Is Law? A Coordination Model Of The Characteristics Of Legal Order, Gillian K. Hadfield, Barry R. Weingast

Gillian K Hadfield

Legal philosophers have long debated the question, what is law? But few in social science have attempted to explain the phenomenon of legal order. In this article, we build a rational choice model of legal order in an environment that relies exclusively on decentralized enforcement, such as we find in human societies prior to the emergence of the nation state and inmanymodern settings.Wedemonstrate thatwecan support an equilibrium in which wrongful behavior is effectively deterred by exclusively decentralized enforcement, specifically collective punishment. Equilibrium is achieved by an institution that supplies a common logic for classifying behavior as wrongful or not. We …

Social Media In Higher Education: A Literature Review And Research Directions., Charles H.F. Davis Iii, Regina Deil-Amen, Cecilia Rios-Aguilar, Manuel Sacramento Gonzalez Canche

Charles H.F. Davis III

Social media [technology] has become a growing phenomenon with many and varied definitions in public and academic use. For our purposes, the term social media technology (SMT) refers to web-based and mobile applications that allow individuals and organizations to create, engage, and share new user-generated or existing content, in digital environments through multi-way communication. Despite the widespread use of SMT, little is known about the benefits of its use in postsecondary contexts and for specific purposes (e.g., marketing, recruitment, learning, and/or student engagement). It is critical to begin to examine if and how higher education institutions are incorporating the use …

They (Don’T) Care About Education: A Counternarrative On Black Male Students’ Responses To Inequitable Schooling, Shaun R. Harper, Charles H.F. Davis Iii

Charles H.F. Davis III

Presented in this article is a counternarrative concerning one particular message that is consistently reinforced in academic and public discourse about Black male students: they don’t care about education. Little is known about those who graduate from high school, enroll in college, and subsequently commit themselves to various career pathways in education fields (K-12 teaching and administration, the postsecondary professoriate, education policy, etc.). What compels these men to care so much about education, despite what is routinely reported in the literature regarding their gradual disinvestment in schooling? This question is explored in the article using data from 304 Black male …

Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …

Diasporic Designs Of House, Home, And Haven In Toni Morrison's Paradise, Cynthia Dobbs

Cynthia Dobbs

No abstract provided.

White College Students' Explanations Of White (And Black) Athletic Performance: A Qualitative Investigation Of White College Students, Harrison

Dr. C. Keith Harrison

No abstract provided.

A Conceptual Model Of Academic Success For Student-Athletes, Keith Harrison

Dr. C. Keith Harrison

Concern over the academic talent development of Division I student–athletes has led to increased research to explain variations in their academic performance. Although a substantial amount of attention has been given to the relationship between student–athletes and their levels of academic success, there remain critical theoretical and analytical gaps. The purpose of this article is to develop a conceptual model to understand and explain the cumulative processes and characteristics—as a whole and in stages—that influence academic success for Division I student–athletes. Research on student–athletes and academic success is reviewed and synthesized to provide a rationale for the basic elements of …

Narratives Of Diversity In The Corporate Boardroom: What Corporate Insiders Say About Why Diversity Matters, John M. Conley, Lissa Lamkin Broome, Kimberly D. Krawiec

Kimberly D. Krawiec

Over the last generation, the concept of diversity has become commonplace and taken-for-granted in discourses ranging from law to education to business. In higher education, for example, it is hard to imagine a faculty job search or a student admissions discussion that was not heavily laden with talk of diversity, in the sense of the representative inclusion of women and racial and ethnic minorities in a group or organization. In this paper we present the results of an interview-based study of the discourse of diversity in a particular business setting: the corporate boardroom. Our principal observation is that—thirty-one years after …

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC …