Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon Jun 2022

The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon

FIU Electronic Theses and Dissertations

This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …


Listening To Our Students: Fostering Resilience And Engagement To Promote Culture Change In Legal Education, Ann N. Sinsheimer, Omid Fotuhi Jan 2022

Listening To Our Students: Fostering Resilience And Engagement To Promote Culture Change In Legal Education, Ann N. Sinsheimer, Omid Fotuhi

Articles

In this Article, we describe a dynamic program of research at the University of Pittsburgh School of Law that uses mindset to promote resilience and engagement in law students. For the last three years, we have used tailored, well-timed, psychological interventions to help students bring adaptive mindsets to the challenges they face in law school. The act of listening to our students has been the first step in designing interventions to improve their experience, and it has become a kind of intervention in itself. Through this work, we have learned that simply asking our law students about their experiences and …


“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson May 2019

“It’S Hard Out Here If You’Re A Black Felon”: A Critical Examination Of Black Male Reentry, Jason M. Williams, Sean K. Wilson, Carrie Bergeson

Department of Justice Studies Faculty Scholarship and Creative Works

Formerly incarcerated Black males face many barriers once they return to society after incarceration. Research has long established incarceration as a determinant of poor health and well-being. While research has shown that legally created barriers (e.g., employment, housing, and social services) are often a challenge post-incarceration, far less is known of Black male’s daily experiences of reentry. Utilizing critical ethnography and semi-structured interviews with formerly incarcerated Black males in a Northeastern community, this study examines the challenges Black males experience post-incarceration.


Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk Nov 2018

Local Governance Of Immigrant Incorporation: How City-Based Organizational Fields Shape The Cases Of Undocumented Youth In New York City And Paris, Stephen P. Ruszczyk

Department of Sociology Faculty Scholarship and Creative Works

City-based organizations and governments play an important role in incorporating undocumented immigrant youth. This article investigates how localities sociopolitically incorporate these immigrants by examining the governance constellations and institutional logics of the organizational field that manages undocumented youth. Comparing sets of municipal and civil society organizations in different national settings, I use the two cases of New York City and Paris to ask how the ‘city-based organizational field of immigrant incorporation’ shapes citizenship experiences of undocumented youth. Data come from multi-level longitudinal ethnography over 8 years with two dozen undocumented youth and with organizations in each city as well as …


Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey Jan 2018

Contact Is A Stronger Predictor Of Attitudes Toward Police Than Race: A State-Of-The-Art Review, Amy Alberton, Kevin M. Gorey

Social Work Publications

Purpose – This scoping review thoroughly scanned research on race, contacts with police and attitudes toward police. An exploratory meta-analysis then assessed the strength of their associations and interaction in Canada and the USA. Key knowledge gaps and specific future research needs, synthetic and primary, were identified. The paper aims to discuss these issues.

Design/methodology/approach – A germinal methodological framework for conducting scoping reviews was used (Arksey and O’Malley, 2005). The authors searched for published or unpublished research over the past 15 years and retrieved 33 eligible surveys, 19 of which were included in a sample-weighted meta-analysis.

Findings – The …


Should Sociologists Stand Up For Science? Absolutely!, Janet M. Ruane Dec 2017

Should Sociologists Stand Up For Science? Absolutely!, Janet M. Ruane

Department of Sociology Faculty Scholarship and Creative Works

Standing up for science is part of sociology's mission as a social science. Standing up is also consistent with our field's ethical obligation to identify and avoid research compromised by conflict of interests.


The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax Jan 2017

The Poverty Of The Neuroscience Of Poverty: Policy Payoff Or False Promise?, Amy L. Wax

All Faculty Scholarship

A recent body of work in neuroscience examines the brains of people suffering from social and economic disadvantage. This article assesses claims that this research can help generate more effective strategies for addressing these social conditions and their effects. It concludes that the so-called neuroscience of deprivation has no unique practical payoff, and that scientists, journalists, and policy-makers should stop claiming otherwise. Because this research does not, and generally cannot, distinguish between innate versus environmental causes of brain characteristics, it cannot predict whether neurological and behavioral deficits can be addressed by reducing social deprivation. Also, knowledge of brain mechanisms yields …


From Land Grab To Agrarian Transition? Hybrid Trajectories Of Accumulation And Environmental Change On The Cambodia–Vietnam Border, Timothy Gorman, Alice Beban Dec 2016

From Land Grab To Agrarian Transition? Hybrid Trajectories Of Accumulation And Environmental Change On The Cambodia–Vietnam Border, Timothy Gorman, Alice Beban

Department of Sociology Faculty Scholarship and Creative Works

In recent years, thousands of Vietnamese migrant farmers have crossed the border into Cambodia and leased land for export-oriented rice and shrimp production. Based on case studies in two Cambodian border provinces, we argue that these land transfers represent an intersection of broader processes of agrarian change that is re-shaping the Cambodian borderlands into a hybrid socio-ecological zone. Cambodian landlords and intermediaries use unequal access to politico-legal authority and the exclusionary power of the border to leverage control over their migrant tenants, thereby capturing a significant portion of the surplus from the migrants’ high-value commodity production systems and potentially creating …


Of Migrants And Middlemen: Cultivating Access And Challenging Exclusion Along The Vietnam–Cambodia Border, Timothy Gorman, Alice Beban Jul 2016

Of Migrants And Middlemen: Cultivating Access And Challenging Exclusion Along The Vietnam–Cambodia Border, Timothy Gorman, Alice Beban

Department of Sociology Faculty Scholarship and Creative Works

In a possible sign of a new trend in Southeast Asia, economic pressures are driving smallholder shrimp farmers from Vietnam's Mekong Delta across the Cambodian border in search of new land. Building from ethnographic research with Vietnamese shrimp farmers in Kampot province, Cambodia, this paper explores the structures, mechanisms, and relations that facilitate and impede the ability of Vietnamese migrants to gain and maintain access to land in Cambodia. The Vietnamese migrants in our study bring capital and farming skills, but their ambiguous legal status and their lack of social networks and experience with the terms of access in Cambodia …


Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia May 2015

Imagining The Unimaginable: Torture And The Criminal Law, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article examines the use of torture by the U.S. government in the context of the late 20th-century preventive turn in criminal justice. Challenging the assumption that the use of “enhanced interrogation tactics” in the war on terror was an exceptional deviation from accepted norms, this article suggests that this deviation began decades before the terror attacks, in the context of conventional criminal procedure. I point to the use of the “ticking time bomb hypothetical,” and its connection to criminal procedure’s “kidnapping hypothetical.” Using case law and criminal procedure textbooks I trace the employment of that narrative over several decades, …


A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli Oct 2014

A First Look At The Plea Deal Experiences Of Juveniles Tried In Adult Court, Tarika Daftary-Kapur, Tina Zottoli

Department of Justice Studies Faculty Scholarship and Creative Works

While there is a large body of research on the legal capacities of adolescents, this research largely has neglected the plea-deal context. To learn about adolescents’ understanding of the plea process and their appreciation of the short- and long-term consequences of accepting a plea deal, we conducted interviews with 40 juveniles who were offered plea deals in adult criminal court. Participants displayed a limited understanding of the plea process were not fully aware of their legal options and appeared to be overly influenced by the short-term benefits associated with accepting their plea deals. Limited contact with attorneys may have contributed …


Contraceptive Sabotage, Leah A. Plunkett Jan 2014

Contraceptive Sabotage, Leah A. Plunkett

Law Faculty Scholarship

This Article responds to the alarm recently sounded by the American College of Obstetricians and Gynecologists over “birth control sabotage”—the “active interference [by one partner] with [the other] partner’s contraceptive methods in an attempt to promote pregnancy.” Currently, sabotage is not a crime, and existing categories of criminal offenses fail to capture the essence of the injury it does to victims. This Article argues that sabotage should be a separate crime—but only when perpetrated against those partners who can and do get pregnant as a result of having sabotaged sex. Using the principle of self-possession—understood as a person’s basic right …


Moral Economy And The Upper Peasant: The Dynamics Of Land Privatization In The Mekong Delta, Timothy Gorman Oct 2013

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 Oct 2013

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.


A Multicultural Grassroots Effort To Reduce Ethnic And Racial Social Distance Among Middle School Students, Christopher Donoghue, David Brandwein Sep 2011

A Multicultural Grassroots Effort To Reduce Ethnic And Racial Social Distance Among Middle School Students, Christopher Donoghue, David Brandwein

Department of Sociology Faculty Scholarship and Creative Works

Raising tolerance for people of different ethnic and racial groups is the goal of the Multicultural Mosaic program, a grass-roots multicultural education effort initiated by a small group of middle school teachers in a private school in the northeast. After years of enjoying the comforts of a modern, but European-based, curriculum, these teachers took the initiative to pursue an ambitious transformation of their entire school's approach to pedagogy. Not only would the English teachers introduce new texts by foreign authors and the social studies teachers introduce new materials on the history of non-Western cultures, but also the teachers of mathematics …


Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman Aug 2011

Between Structure And Agency: Assassination, Social Forces, And The Production Of The Criminal Subject, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

Assassins are often regarded as ahistorical figures of evil. In this article, I contest this view by analyzing the assassination of President William McKinley by Leon Czolgosz in 1901. There are two purposes to this article. The first is to situate McKinley’s assassination within the history and development of the social sciences, principally sociology, rather than assume that the assassin is a trans-historical representation of willful irresponsibility. The second is to describe and critique the discourse that made Czolgosz into a rational agent once he entered history as an assassin.


The Shifting Terrain Of Risk And Uncertainty On The Liability Insurance Field, Tom Baker Feb 2011

The Shifting Terrain Of Risk And Uncertainty On The Liability Insurance Field, Tom Baker

All Faculty Scholarship

Recent sociological and historical work suggests that insurance risks often are not reliably calculable, except in hindsight. Insurance is “an uncertain business,” characterized by competition for premiums that pushes insurers into the unknown. This essay takes some preliminary steps that extend this insight into the liability insurance field. The essay first provides a simple quantitative comparison of U.S. property and liability insurance premiums over the last sixty years, setting the stage to make three points: (1) liability insurance premiums have grown at a similar rate as property insurance premiums and GDP over this period, providing yet another piece of evidence …


An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga Jan 2011

An Analysis Of The History And Hardship Experienced By Girls In The Las Vegas Juvenile Justice System, Ana Zuniga

McNair Poster Presentations

Previous research has defined several factors as predictors to juvenile delinquency. Characteristics among the youth involved in criminal behavior include various home placements, running away, mental health problems, physical and sexual abuse, delinquency history, and family members with a delinquent background. These factors were analyzed in the current to observe whether the predictors were relevant to girls detained in the Las Vgeas juvenile justice system. While observing the data in this study, it appeared that predictors described in previous research were in fact present among this population. However, Further research should take an in depth look at these factors in …


Severe Environmental Deprivation (Aka Rsb): A Tragedy, Not A Defense, Stephen J. Morse Jan 2011

Severe Environmental Deprivation (Aka Rsb): A Tragedy, Not A Defense, Stephen J. Morse

All Faculty Scholarship

This article is a contribution to a symposium issue of the Alabama Civil Rights & Civil Liberties Law Review devoted to whether severe environmental deprivation, sometimes termed rotten social background, should be a defense to crime and why it has not been adopted. I begin by presenting the framework I apply for thinking about such problems. I then identify the main theses Professors Richard Delgado and Andrew Taslitz present and consider their merits. Next, I turn to the arguments of the other papers by Professors Paul Robinson, Erik Luna and Angela Harris. I make two general arguments: first, that SED …


Insurance In Sociolegal Research, Tom Baker May 2010

Insurance In Sociolegal Research, Tom Baker

All Faculty Scholarship

Insurance has a long history in sociolegal research, most prominently as a window on accident compensation and related tort law in action. Recent work has extended that research, with the result that tort law in action may be the best mapped of any legal field outside criminal law. Sociological research has begun to explore insurance as a form of governance, with effects in many legal fields and across the economy. This essay reviews developments in both bodies of work. Part one examines the relationship between liability insurance and tort law in action using the metaphors of window and frame. Part …


Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar Jul 2008

Marginalized By Race And Place: Occupational Sex Segregation In Post-Apartheid South Africa, Sangeeta Parashar

Department of Sociology Faculty Scholarship and Creative Works

Purpose: Given South Africa’s apartheid history, studies have primarily focused on racial discrimination in employment outcomes, with lesser attention paid to gender and context. This paper fills an important gap by examining the combined effect of macro-and micro-level factors on occupational sex segregation in post-apartheid South Africa. Intersections by race are also explored. Design/methodology/approach A multilevel multinomial logistic regression is used to examine the influence of various supply and demand variables on women’s placement in white- and blue-collar male-dominated occupations. Data from the 2001 Census and other published sources are used, with women nested in magisterial districts. Findings Demand-side results …


Agency: The Internal Split Of Structure, Yong Wang Jul 2008

Agency: The Internal Split Of Structure, Yong Wang

Department of Sociology Faculty Scholarship and Creative Works

In this article I first examine the ways in which the dual terms of structure and agency are used in sociological theories. Then, relying on Lacan’s notions of split‐subject, the formula of sexuation, and forms of discourses, and Laclau’s theory of ideological hegemony, I argue that agency in most current sociological formulations is but a posited other of the structure that dissolves if examined closely; it is similar to the Lacanian fantasmic object. To resolve the fundamental paradoxes in structure‐agency theories, I reformulate structures as paradoxical, incomplete, and contingent symbolic formations that are always partial and unstable due to their …


Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow Jan 2008

Review Essay: Janet Halley, Split Decisions: How And Why To Take A Break From Feminism, Ann Bartow

Law Faculty Scholarship

[Excerpt] “My overarching reaction to Janet Halley's recent book, Split Decisions: How and Why to Take a Break from Feminism, can be summarized with a one sentence cliché: The perfect is the enemy of the good.' She holds feminism to a standard of perfection no human endeavor could possibly meet, and then heartily criticizes it for falling short. Though Halley's myriad observations about feminism occasionally resonated with my own views and experiences, ultimately I remain unconvinced that taking a break from feminism would, for me, be either justified or productive. But I did (mostly) enjoy reading it. Halley is well …


A Theory Of Adjudication: Law As Magic, Jessie Allen Jan 2008

A Theory Of Adjudication: Law As Magic, Jessie Allen

Articles

This article takes a new approach to the problem of legal rationality. In the 1920s and 1930s the Legal Realists criticized judicial decisions as "magic solving words" and "word ritual." Though the Realist critique continues to shape American jurisprudence, the legal magic they observed has never been seriously explored. Here, drawing on anthropological studies of magic and ritual, I reconsider the irrational legal techniques the Realists exposed. My thesis is that the Realists were right that law works like magic, but wrong about how magic works. That is, they were right that adjudication makes use of a particular combination of …


Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller Dec 2007

Inside Unlv, Shane Bevell, David Ashley, Tony Allen, Mamie Peers, Allison Miller

Inside UNLV

No abstract provided.


Coming Together: New Taxonomies For The Analysis Of Social Relations, Karen Cerulo, Janet M. Ruane Jan 2007

Coming Together: New Taxonomies For The Analysis Of Social Relations, Karen Cerulo, Janet M. Ruane

Department of Sociology Faculty Scholarship and Creative Works

In previous work, we have noted a certain rigidity in sociology's approach to the topic of social relations (Cerulo 1997; Cerulo and Ruane 1997; Cerulo, Ruane, and Chayko 1992). With few exceptions, literature on the subject dichotomizes social relations with reference to the scope of the interaction (small group versus large group) and the mode by which social actors connect (direct connections versus mediated connections). Further, many researchers implicitly rank the social value of each relational form. Sociologists typically identify a society's primary and most valuable relations as the result of direct, physically copresent exchange, exchange involving relatively few interactants. …


Exploitation Or Fun?: The Lived Experience Of Teenage Employment In Suburban America, Yasemin Besen-Cassino Jun 2006

Exploitation Or Fun?: The Lived Experience Of Teenage Employment In Suburban America, Yasemin Besen-Cassino

Department of Sociology Faculty Scholarship and Creative Works

Objectivist scholars characterize typical teenage jobs as “exploitive”: highly routinized service sector jobs with low pay, no benefits, minimum skill requirements, and little time off. This view assumes exploitive characteristics are inherent in the jobs, ignoring the lived experience of the teenage workers. This article focuses on the lived work experience of particularly affluent, suburban teenagers who work in these jobs and explores the meaning they create during their everyday work experience. Based on a large ethnographic study conducted with the teenage workers at a national coffee franchise, this article unravels the ways in which objectivist views of these “bad …


Inside Unlv, Gian Galassi, Nancy Syzdek, Erin O'Donnell, Carol C. Harter, Diane Russell, Cate Weeks Apr 2005

Inside Unlv, Gian Galassi, Nancy Syzdek, Erin O'Donnell, Carol C. Harter, Diane Russell, Cate Weeks

Inside UNLV

No abstract provided.


Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman Mar 2003

Killing For The State: The Darkest Side Of American Nursing, Dave Holmes, Cary H. Federman

Department of Justice Studies Faculty Scholarship and Creative Works

The aim of this article is to bring to the attention of the international nursing community the discrepancy between a pervasive ‘caring’ nursing discourse and the most unethical nursing practice in the United States. In this article, we present a duality: the conflict in American prisons between nursing ethics and the killing machinery. The US penal system is a setting in which trained healthcare personnel practices the extermination of life. We look upon the sanitization of death work as an application of healthcare professionals’ skills and knowledge and their appropriation by the state to serve its ends. A review of …