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Articles 1 - 12 of 12
Full-Text Articles in Law
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Remaking Mexico: Law Reform As Foreign Policy, Deborah M. Weissman
Deborah M. Weissman
This article, Remaking Mexico: Law Reform as Foreign Policy examines the practice of promoting rule of law programs abroad as a matter of a foreign policy subgenre. It argues that U.S. law reform projects as foreign aid conditionalities preempt the political discourse from substantive debates about justice systems. The arguments are developed through an assessment of the Mérida Initiative (also known as Plan México) which is a product of U.S. policy efforts to shape the legal systems of select foreign countries. The article reviews the circumstances in Mexico as they relate to U.S. efforts to export law and legal systems. …
Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman
Law, Social Movements, And The Political Economy Of Domestic Violence, Deborah M. Weissman
Deborah M. Weissman
This article uses the occasion of the 2012 Reauthorization of the Violence Against Women Act (VAWA) to review the circumstances by which legal theory and social movement discourse have acted to circumscribe the scope of VAWA and the dominant approach to domestic violence. It seeks to explore the relationship between domestic violence advocacy and feminist theory of the type that has functioned as “the ideological reflection of one’s own place in society” with insufficient attention to superstructures. It argues for the re-examination of the current domestic violence/criminal justice paradigm and calls for the consideration of economic uncertainty and inequality as …
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Feminism In The Global Political Economy: Contradiction And Consensus In Cuba, Deborah M. Weissman
Deborah M. Weissman
Much has been written about transnational feminist networks and their impacts on the local condition of women. Transborder feminist organizing has reshaped discourses and practice from the local to the international. Global feminist endeavors have influenced the development of international legal standards affecting the circumstances of women and contributed to the gender mainstreaming of human rights initiatives. At the same time, feminist transnationalism has often been identified as the source of tension as efforts have at times resulted in support for a neoliberal agenda propounding empowerment and self-esteem issues, which in turn, has raised questions about who is defining the …
Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Deborah M. Weissman, Caroline Bettinger-Lopez, Davida Finger, Meetali Jain
Redefining Human Rights Lawyering Through The Lens Of Critical Theory: Lessons For Pedagogy And Practice, Deborah M. Weissman, Caroline Bettinger-Lopez, Davida Finger, Meetali Jain
Deborah M. Weissman
In recent years, human rights clinics have mushroomed across United States law schools, specializing in work ranging from direct representation of asylum seekers in U.S. courts, to international litigation, to project-based advocacy that includes fact-finding visits and production of reports documenting human rights violations throughout the world. Increasingly, those human rights clinics have begun to address human rights within the United States, and not just in places beyond our borders. At the same time, domestic poverty law clinics are increasingly looking to human rights norms in framing some of their advocacy, which often takes the forms of direct legal services, …
The Legal Production Of The Transgressive Family: Binational Family Relationships Between Cuba And The United States
Deborah M. Weissman
The Cuban revolution of 1959 both challenged U.S. interests and precipitated one of the largest migration to the United States. By the end of the twentieth century, more than one million Cubans, one-tenth of the total population, had emigrated, mostly to the United States. Family relations developed within two phases of specific global contexts, reflecting Cuba's changing international position and the U.S. response. The first occurred after 1960, when Cuba aligned itself with the Soviet bloc in the final decades of the Cold War. The second was after 1990, when Cuba adapted to the global economy in the post-Cold War …
The Legal Production Of The Transgressive Family: Binational Family Relationships Between Cuba And The United States, Louis A. Perez Jr
The Legal Production Of The Transgressive Family: Binational Family Relationships Between Cuba And The United States, Louis A. Perez Jr
Deborah M. Weissman
The Cuban revolution of 1959 both challenged U.S. interests and precipitated one of the largest migration to the United States. By the end of the twentieth century, more than one million Cubans, one-tenth of the total population, had emigrated, mostly to the United States. Family relations developed within two phases of specific global contexts, reflecting Cuba's changing international position and the U.S. response. The first occurred after 1960, when Cuba aligned itself with the Soviet bloc in the final decades of the Cold War. The second was after 1990, when Cuba adapted to the global economy in the post-Cold War …
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
The Moral Politics Of Social Control: Political Culture And Ordinary Crime In Cuba, Deborah M. Weissman, Marsha R. Weissman
Deborah M. Weissman
The Cuban revolution has been described as “the longest running social experiment” in history, and one not well-received in the United States. The U.S. government responded to the revolution first with suspicion, and then hostility. Even while the current administration has acknowledged the failure of U.S. policy, few substantive changes have been announced and the narrative of Cuba in the United States continues to dwell almost exclusively on political repression and economic failure. The Cuban revolution, however, is a complex process, one that defies facile explanations. This article subscribes to the perspective offered by social scientists who urge “a more …
The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman
The Personal Is Political--And Economic: Rethinking Domestic Violence, Deborah M. Weissman
Deborah M. Weissman
This Article seeks to expand the scope of the domestic violence discourse within the context of the theory and practice of legal strategies. The intent is to shift the analytical parameters beyond the criminal justice system to include the political economy of everyday experiences of households. Such a paradigm shift examines the conditions of the private sphere as a function of the circumstances of public realms. It considers domestic violence by linking it to the structural transformations of the U.S. economy during recent years. It assesses domestic violence from the perspective of the daily life of men and women who …
Public Power And Private Purpose: Odious Debt And The Political Economy Of Hegemony, Deborah M. Weissman, Louis A. Pérez Jr.
Public Power And Private Purpose: Odious Debt And The Political Economy Of Hegemony, Deborah M. Weissman, Louis A. Pérez Jr.
Deborah M. Weissman
This Article examines the process by which overlapping interests between private bankers and government translates into influence and power mediated through the use of bank loans as instruments of foreign policy. The article suggests the market transactions often act as a matter of U.S. interests. It makes use of historical narratives not only as means to document the origins of the Odious Debt doctrine, but also to demonstrate the complexity attending efforts to create an Odious Debt doctrine that might function in law. The International Lending Supervision Act, the Baker plan and Brady initiative - policies reinforced through legal interpretations, …
The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman
The Political Economy Of Violence: Toward An Understanding Of The Gender-Based Murders Of Ciudad Juarez, Deborah M. Weissman
Deborah M. Weissman
This article provides an interpretive account of the political economy of violence localized in Cd. Juarez, Mexico. It examines the socioeconomic conditions attending decades during a period of rapid transformation to an export economy as the environment in which violence against women has assumed endemic proportions. The serial murders of women have been alternately problematized as deeds of criminal deviants, as a reactionary gendered responses to women replacing men in the wage labor force, and as the failure of the state to exercise local authority. This article argues for a more comprehensive analysis that includes the above theories without bracketing …
The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman
The Human Rights Dilemma: Rethinking The Humanitarian Project, Deborah M. Weissman
Deborah M. Weissman
This Article provides an interpretive account of the human rights discourse at a time when the U.S. legal community is deepening its relationship with these issues. It maps the context of the human rights project over the past one hundred years, with a critical eye and as a cautionary tale. It reviews the historical circumstances and the ideological framework in which human rights have been appropriated as an instrument of national policy, often to the detriment of humanitarian objectives. It considers the role of law, not only as an instrument by which colonial rule was maintained but as a system …
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Law As Largess: Shifting Paradigms Of Law For The Poor, Deborah M. Weissman
Deborah M. Weissman
The article examines the tension between the principles of the Rule of Law and cultural norms of self-sufficiency. It begins by reviewing the principles of the Rule of Law as an ideal, the pursuit of which has led to historical efforts to meet the legal needs of the poor. It then examines recent legal events including federal statutory changes, three Supreme Court cases, and a federal circuit court case which have limited legal resources for those who cannot pay. The article then examines these developments in the context of a sea-change in the political environment of the nation, coinciding with …