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Ethnography

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Full-Text Articles in Law

Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi Mar 2022

Researching The Legal Culture Of The Bureaucracy: An Introduction To Ethnographic Study Of Procedural Criminal Law (Meneliti Budaya Hukum Aparat: Sebuah Pengantar Tentang Etnografi Dalam Studi Hukum Acara Pidana), Fachrizal Afandi

The Indonesian Journal of Socio-Legal Studies

This article presents the development of ethnographic research to understand the culture and performance of criminal justice actors (i.e. police, prosecutors, judges, probation officers). This article begins by outlining the lack of socio-legal research in Indonesian criminal justice research, which results in a scarcity of academic contributions to criminal justice reform. This article then provides an introduction to how the socio-legal approach influences criminal law research and how the ethnographic approach contributes to the study of criminal justice. Before the final section of this article, I discuss the challenges of conducting ethnographic research and suggestions based on my experience as …


Intellectual Property And Ethnography: A Qualitative Research Approach, Jessica Silbey Jan 2021

Intellectual Property And Ethnography: A Qualitative Research Approach, Jessica Silbey

Faculty Scholarship

This chapter describes the processes of and justifications for qualitative empirical research in intellectual property (IP) as compared to other research methods, such as quantitative empirical approaches and theoretical economic analyses of law. It provides examples of these research methods, explains the reasons for pursuing a qualitative approach, and details a qualitative research agenda in the context of intellectual property law, as well as a step-by-step method of data collection and data analysis.


Law Talk In A Brief Advice Clinic, Linda F. Smith Jan 2021

Law Talk In A Brief Advice Clinic, Linda F. Smith

Utah Law Faculty Scholarship

Over three decades ago, Sarat and Felstiner published a ground-breaking ethnographic study of divorce client-lawyer conversations. They concluded that lawyers portrayed "a chaotic 'anti-system' in which [clients] cannot rely on the technical proficiency, or good faith, of judges and rival lawyers" but need to rely on their own lawyers' insider status to achieve reasonable outcomes.1 Although lawyers initially described the law and procedure to their clients, they rarely referenced that rational description when explaining what had occurred or would occur in their clients' cases. This law talk may have gradually and ultimately persuaded the clients to reach reasonable settlements, but …


Those Who Stay - U.S. Immigration Policies And The Impact Of Migration On The Communities Of Oaxaca, Mexico, Aliah Mccord May 2020

Those Who Stay - U.S. Immigration Policies And The Impact Of Migration On The Communities Of Oaxaca, Mexico, Aliah Mccord

Honors Program Theses

Immigration is one of the most divisive topics in the United States. One aspect of this complicated theme is economic migration. This migration is different from asylum/refugee status or other forms of protected relief. The people who are migrating are not facing imminent threats of political violence or other types of violence, but are living in conditions of poverty. Their livelihoods depend on migration, and money earned in the United States that is sent back to their communities.

The first part of this paper will focus on people who migrate for this economic-based reason, specifically examining two communities in Oaxaca, …


Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd Feb 2020

Free Battered Texas Women: Survivor-Advocates Organizing At The Crossroads Of Gendered Violence, Disability, And Incarceration, Cathy Marston Phd

Verbum Incarnatum: An Academic Journal of Social Justice

This article recaps my symposium presentation, where I argue that feminist organizing strategies are central to healing our society and creating restorative justice from my perspective as a survivor of occupational injury, battering, and criminalization for self-defense. This includes the creation of Free Battered Texas Women. We prefer to think of ourselves as survivor-advocates who use a variety of tactics to empower ourselves, incarcerated battered women, and citizens. These strategies include pedagogy; poetry and other written forms; art; and legislative advocacy. I blend this grassroots activism with feminist disability theory, radical feminist theory, feminist ethnography, and feminist criminology.


Blue Lives Memorialized: Collective Memory And The Production Of Ideology And Injustice In American Policing, Douglas Hyatt Peach Jan 2020

Blue Lives Memorialized: Collective Memory And The Production Of Ideology And Injustice In American Policing, Douglas Hyatt Peach

Online Theses and Dissertations

Police memorials are physical objects in public spaces, objects which seed our own cultural and personal ideologies, beliefs, and behaviors and which command our collective attention. Using qualitative research methodology, this visual ethnography looks at the unique and inherent power of police memorialization through the 2015 death of officer Daniel Ellis of the Richmond, Kentucky police department and the subsequent actions of the surrounding community and state officials. The purpose of this study was to document the widespread visual culture and iconography associated with memorialization, including the origin and placement of physical memorials made in honor of Ellis, thin blue …


Cross Burning, Cockfighting, And Symbolic Meaning: Toward A First Amendment Ethnography, Timothy Zick Sep 2019

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

Timothy Zick

No abstract provided.


Prosecuting In The Shadow Of The Jury, Anna Offit Mar 2019

Prosecuting In The Shadow Of The Jury, Anna Offit

Northwestern University Law Review

This Article offers an unprecedented empirical window into prosecutorial discretion, drawing on research between 2013 and 2017. The central finding is that jurors play a vital role in federal prosecutors’ decision-making, professional identities, and formulations of justice. This is because even the remote possibility of lay scrutiny creates an opening for prosecutors to make commonsense assessments of (1) the evidence in their cases, (2) the character of witnesses, defendants, and victims, and (3) their own moral and professional character as public servants. By facilitating explicit consideration of the fairness of their cases from a public vantage point, I argue that …


Putting Ethnography On The Witness Stand: Review Of Interrogating Ethnography: Why Evidence Matters, Janet K. Keeler Jan 2019

Putting Ethnography On The Witness Stand: Review Of Interrogating Ethnography: Why Evidence Matters, Janet K. Keeler

The Qualitative Report

Lawyer, historian and author Steven Lubet’s Interrogating Ethnography: Why Evidence Matters puts several well-known urban ethnographies on the figurative witness stand and finds that some don’t hold up to legal (and journalistic) scrutiny. The author encourages social science researchers to employ fact-checking techniques to increase the veracity of their work. While Lubet praises social science researchers for their altruistic missions and painstaking data collection in the field he finds follow-up research often lacking. He recognizes that ethnographers do not want to be the adversaries of marginalized subjects but believes that more rigorous vetting of data is crucial to the survival …


“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study, Ronald Brooks Wiley Jan 2019

“To Gallop Together To War Is Simple-- To Make Peace Is Complex” Indigenous Informal Restorative Conflict Resolution Practices Among Kazakhs: An Ethnographic Case Study, Ronald Brooks Wiley

Department of Conflict Resolution Studies Theses and Dissertations

Advocates of restorative and transitional justice practice have long drawn from practices of indigenous peoples to form the basis for more sustainable, relational, participatory, community-based approaches to conflict resolution. With the resurgence in Kazakh nationalism since the Republic of Kazakhstan independence, repatriated diasporic Kazakhs, who through cultural survival in diaspora retain more of their ethno-cultural characteristics, influence a revival of Kazakh language and culture. The purpose of this study was to understand the indigenous informal restorative conflict resolution practices of the Kazakh people. The questions that drove this study were: What indigenous informal forms of dispute resolution have been in …


Control Over Contemporary Photography: A Tangle Of Copyright, Right Of Publicity, And The First Amendment, Jessica Silbey Jan 2019

Control Over Contemporary Photography: A Tangle Of Copyright, Right Of Publicity, And The First Amendment, Jessica Silbey

Faculty Scholarship

Professional photographers who make photographs of people negotiate a tense relationship between their own creative freedoms and the right of their subjects to control their images. This negotiation formally takes place over the terrain of copyright, right of publicity, and the First Amendment. Informally, photographers describe implied understandings and practice norms guiding their relationship with subjects, infrequently memorialized in short, boilerplate contractual releases. This short essay explores these formal and informal practices described by contemporary professional photographers. Although the evidence for this essay comes from professional photographic practice culled from interviews with contemporary photographers, the analysis of the evidence speaks …


Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy Dec 2018

Psychosocial Analysis Of An Ethnography At The Cuyahoga County Public Defenders Office, Ernest M. Oleksy

The Downtown Review

Too often, social science majors become jaded with their field of study due to a misperception of the nature of many potential jobs which they are qualified for. Such discord is prevalent amongst undergraduates who strive for work in the criminal justice system. Hollywood misrepresentations become the archetypes of the aforementioned field, leaving out the necessity and ubiquity of accompanying desk work. Still other social science majors struggle to identify theoretical interpretations in praxis.


Sound Recordings And Dignity Takings: Reflections On The Racialization Of Migrants In Contemporary Italy, Gianpaolo Chiriacò Mar 2018

Sound Recordings And Dignity Takings: Reflections On The Racialization Of Migrants In Contemporary Italy, Gianpaolo Chiriacò

Chicago-Kent Law Review

In the field of ethnomusicology, it is possible to consider musical collaborations—such as traditional fieldwork or joint musical projects between artists of different background—as spaces where different individuals and subjectivities share their own artistic practices and products, as well as the musical cultures of which they are representative or bearers. Such collaborations raise an array of methodological questions with implications to social justice and power relations. The aim of this contribution is to use the notion of dignity takings and dignity restoration to tackle some of these questions. While relying strongly on my own fieldwork in Rome and Chicago, I …


Panel Discussion: Author Meets Critic Feb 2018

Panel Discussion: Author Meets Critic

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Ethnographic Evidence Feb 2018

Panel Discussion: Ethnographic Evidence

Northwestern Journal of Law & Social Policy

No abstract provided.


Panel Discussion: Ethnography, Ethics & Law Feb 2018

Panel Discussion: Ethnography, Ethics & Law

Northwestern Journal of Law & Social Policy

No abstract provided.


Designing Without Privacy, Ari Ezra Waldman Jan 2018

Designing Without Privacy, Ari Ezra Waldman

Articles & Chapters

In Privacy on the Ground, the law and information scholars Kenneth Bamberger and Deirdre Mulligan showed that empowered chief privacy officers (CPOs) are pushing their companies to take consumer privacy seriously, integrating privacy into the designs of new technologies. But their work was just the beginning of a larger research agenda. CPOs may set policies at the top, but they alone cannot embed robust privacy norms into the corporate ethos, practice, and routine. As such, if we want the mobile apps, websites, robots, and smart devices we use to respect our privacy, we need to institutionalize privacy throughout the corporations …


Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman Jul 2017

Gene Drives, Nature, Governance: An Ethnographic Perspective, Irus Braverman

Contributions to Books

Published as chapter 3 in Gene Editing, Law, and the Environment, Irus Braverman, ed.

Synthetic gene drives raise ethical, ecological, and legal questions that are sometimes difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but the genetics of entire populations and species are currently both under-regulated and under-theorized. In place of state regulations, what seems to be emerging is a form of self-regulation by the gene drive scientists themselves. My chapter draws on in-depth interviews with several prominent gene drive scientists to explore their approach toward nature, …


The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen Dec 2016

The French Prosecutor As Judge. The Carpenter’S Mistake?, Mathilde Cohen

Mathilde Cohen

In France as elsewhere, prosecutors and their offices are seldom seen as agents of democracy. A distinct theoretical framework is itself missing to conceptualize the prosecutorial function in democratic states committed to the rule of law. What makes prosecutors democratically legitimate? Can they be made accountable to the public? Combining democratic theory with original qualitative empirical data, my hypothesis is that in the French context, prosecutors’ professional status and identity as judges determines to a great extent whether and how they can be considered democratic figures.
 
The French judicial function is defined more broadly than in the United States, …


Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch Apr 2016

Having A Say: Democracy, Access To Justice And Self-Represented Litigants, Jennifer Ann Leitch

PhD Dissertations

Access to Justice is one of the most contested issues on the law-and-society agenda. There is a long-standing exchange over its meaning, objectives, and success. Beneath that engagement, there is a deeper and more basic debate about the overall ambitions for access to justice: is the goal to improve peoples access to the legal process and generate more positive outcomes (the practical thesis), or to enhance peoples participation and ultimately their ability to affect justice as an end in itself (the democratic thesis)? This thesis adopts the latter approach.

The plight of self-represented litigants (SRLs) offers a revealing glimpse into …


On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours, Eleanor Marie Lawrence Brown Apr 2016

On Black South Africans, Black Americans, And Black West Indians: Some Thoughts On We Want What’S Ours, Eleanor Marie Lawrence Brown

Michigan Law Review

Most modern constitutions have eminent domain provisions that mandate just compensation for forced deprivations of land and require such deprivations to be for a public use or public purpose. The Takings Clause is a classic example of such a provision. The takings literature is essentially focused on outlining the outer boundaries within which the state can take property from an owner. But there are other takings that have been deemed “extraordinary”; in such circumstances, the state takes away property without just compensation and simultaneously makes a point about a person or a group’s standing in the community of citizens.


Lawyers At Work: A Study Of The Reading, Writing, And Communication Practices Of Legal Professionals, Ann N. Sinsheimer, David J. Herring Jan 2016

Lawyers At Work: A Study Of The Reading, Writing, And Communication Practices Of Legal Professionals, Ann N. Sinsheimer, David J. Herring

Articles

This paper reports the results of a three-year ethnographic study of attorneys in the workplace. The authors applied ethnographic methods to identify how junior associates in law firm settings engaged in reading and writing tasks in their daily practice. The authors were able to identify the types of texts junior associates encountered in the workplace and to isolate the strategies these attorneys used to read and compose texts.

The findings suggest that lawyering is fundamentally about reading. The attorneys observed for this study read constantly, encountering a large variety of texts and engaging in many styles of reading, including close …


Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles Dec 2014

Ethnography In The Realm Of The Pragmatic: Studying Pragmatism In Law And Politics, Annelise Riles

Annelise Riles

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Infinity Within The Brackets, Annelise Riles Dec 2014

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 Dec 2014

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 Dec 2014

An Ethnography Of Abstractions?, Annelise Riles

Annelise Riles

No abstract provided.


Interpreting, Stephanie Jo Kent Aug 2014

Interpreting, Stephanie Jo Kent

Doctoral Dissertations

What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …


A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome Jul 2014

A Difficult Conversation: Corporate Directors On Race And Gender, Kimberly D. Krawiec, John M. Conley, Lissa L. Broome

Pace International Law Review

This symposium essay summarizes our ongoing ethnographic research on corporate board diversity. This research is based on fifty-seven interviews with corporate directors and a limited number of other persons of interest (including institutional investors, executive search professionals, and proxy advisors) regarding their views on race and gender diversity in the boardroom.

Using a method rooted in anthropology and discourse analysis, we have worked from a general topic outline and conducted open-ended interviews in which respondents are encouraged to raise and develop issues of interest to them. The interviews range from forty-five minutes to two hours in length and each interview …


Captive For Life: Conserving Extinct In The Wild Species Through Ex Situ Breeding, Irus Braverman Jan 2014

Captive For Life: Conserving Extinct In The Wild Species Through Ex Situ Breeding, Irus Braverman

Contributions to Books

Published as Chapter 12 in The Ethics of Captivity, Lori Gruen, ed.

Are there “fates worse than death,” to use Kurt Vonnegut’s title? Is captivity one such fate? Captive for Life examines these questions through the lens of conservation biology’s ex situ models of captive management — and captive breeding in particular — for wild animals, and especially for species that have been designated as Critically Endangered or as Extinct in the Wild. Drawing on interviews with leading conservation biologists, the chapter describes the erosion of the distinctions between species management in captivity and in wild nature, often referred to …


Rules Of Disengagement: "Low Skill" Migrant Workers, Law And The Social Dimensions Of Exclusionary Inclusion, Brendan Breckman Jowett Jan 2014

Rules Of Disengagement: "Low Skill" Migrant Workers, Law And The Social Dimensions Of Exclusionary Inclusion, Brendan Breckman Jowett

LLM Theses

This thesis interrogates social exclusion among migrant workers under the NOC C & D (“low skill”) occupational stream of Canada’s Temporary Foreign Worker Program, a relatively new, fast-growing, and highly diverse stream which brings migrant workers into industry sectors and social settings where they were never seen before. The author develops a framework for understanding law’s role in producing social exclusion, and applies it to ethnographic data collected through interviews with migrant justice advocates and migrant workers in Brandon, Manitoba. This thesis ultimately establishes that migrant workers need not face spatial separation, discrimination from the community, or a historically gendered …