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Articles 1 - 7 of 7
Full-Text Articles in Law
From Land Grab To Agrarian Transition? Hybrid Trajectories Of Accumulation And Environmental Change On The Cambodia–Vietnam Border, Timothy Gorman, Alice Beban
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 …
The Alabama Way: Independent Courts And Policymaking In Alabama, Ian Drake
The Alabama Way: Independent Courts And Policymaking In Alabama, Ian Drake
Department of Political Science and Law Faculty Scholarship and Creative Works
Rather, it was the product of a conscious policy choice by early nineteenth century jurists to "overthrow" an equitable theory of contract, wherein a good was thought to have an objective value, which courts could determine, independent of the value placed on it by the parties to the contract. [...] historians like Horwitz have interpreted the "buyer beware" rule as a "procommercial [sic] attack"-a conscious judicial policy choice to favor sellers over buyers-upon communal values, which essentially separated law from morals and created a harsher, more speculative, more individualistic, and combative marketplace
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
The Nonexceptionalism Thesis: How Post-9/11 Criminal Justice Measures Fit In Broader Criminal Justice, Francesca Laguardia
Department of Justice Studies Faculty Scholarship and Creative Works
Contrary to the assumption that ‘‘9/11 changed everything,’’ post-2001 criminal justice practices in the area of terrorism show a surprising consistency with pre-2001 criminal justice practices. This article relies on an analysis of over 300 terrorism prosecutions between 2001 and 2010, as well as twenty full trial transcripts, content coding, and traditional legal analysis, to show the continuity of criminal justice over this time in regard to some of the most controversial supposed developments. This continuity belies the common assumption that current extreme policies and limitations on due process are a panicked response to the terror attacks of 2001. To …
Of Migrants And Middlemen: Cultivating Access And Challenging Exclusion Along The Vietnam–Cambodia Border, Timothy Gorman, Alice Beban
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 …
#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze
#Warcrimes #Postconflictjustice #Balkans: Youth, Performance Activism And The Politics Of Memory, Arnaud Kurze
Department of Justice Studies Faculty Scholarship and Creative Works
While literature in transitional justice has addressed conventional retributive and restorative justice mechanisms, scholarship focusing on the rise in youth activism to confront war crimes is underdeveloped. This article draws on over two-dozen in-depth interviews with youth activist leaders across the former Yugoslavia, focusing on their performance-based campaigns. I explain why the emergence of transitional justice youth activism in the Balkans falls short of the significant institutional reforms of earlier youth movement mobilizations in the region. I also throw light on why their performance activism is distinct from practices of older, established human rights organizations in the region. Notwithstanding, I …
Inequitable Chronic Lead Exposure: A Dual Legacy Of Social And Environmental Injustice, Tamara Leech, Elizabeth A. Adams, Tess D. Weathers, Lisa K. Staten, Gabriel M. Filippelli
Inequitable Chronic Lead Exposure: A Dual Legacy Of Social And Environmental Injustice, Tamara Leech, Elizabeth A. Adams, Tess D. Weathers, Lisa K. Staten, Gabriel M. Filippelli
Department of Public Health Scholarship and Creative Works
Both historic and contemporary factors contribute to the current unequal distribution of lead in urban environments and the disproportionate impact lead exposure has on the health and well-being of low-income minority communities. We consider the enduring impact of lead through the lens of environmental justice, taking into account well-documented geographic concentrations of lead, legacy sources that produce chronic exposures, and intergenerational transfers of risk. We discuss the most promising type of public health action to address inequitable lead exposure and uptake: primordial prevention efforts that address the most fundamental causes of diseases by intervening in structural and systemic inequalities.
Executive Leadership Challenges Implementing Systemic Change Under Conditions Of Litigated Reform, Ariel Alvarez
Executive Leadership Challenges Implementing Systemic Change Under Conditions Of Litigated Reform, Ariel Alvarez
Department of Political Science and Law Faculty Scholarship and Creative Works
A case study was conducted using the lens of second-order change to examine leadership challenges during litigated-based reform of New Jersey’s child welfare agency. Six challenges identified included (a) difficulty implementing the comprehensive reform plan; (b) attempting systemwide change within a weak infrastructure; (c) leadership instability; (d) unclear leader roles and responsibilities; (e) poor diffusion of the case practice model, and (f) weak quality control mechanisms. Three recommendations for reducing implementation failures included developing rich pictures to understand system interdependencies, using open communication to facilitate change readiness, and implementing a sustainable quality review system to guide the change process.