Social and Behavioral Sciences Commons^™

Authorizing Violence: Spatial Techniques Of Citizenship Politics In Northeast India, Samarth Vachhrajani

Masters of Environmental Design Theses

Authorizing Violence: Spatial Techniques of Citizenship Politics in Northeast India studies the spatial and legal instruments through which Hindu Nationalism and its political front, the Bhartiya Janata Party (BJP), operates in Northeast India. I document the means through which authoritarian power has been introduced into a democratic structure of governance. Emphasizing the role of architecture and spatial knowledge, I attend to how the violence of disenfranchisement and dispossession is legitimized under the force of law.

For this, Chapter 1, entitled 'Legislating Containment,' turns to the legal instrument of citizenship and studies the Goalpara detention center and multi-purpose criminal …

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …

Disenfranchisement Laws Affecting Voting Rights Of Black Americans In Mississippi, April Masha Jones

Walden Dissertations and Doctoral Studies

From Black individuals being enslaved and freed to being incarcerated in modern-day society more frequently than White individuals, the desire to have a voice in the decision-making process has been challenging. Black voters in Mississippi may be underrepresented because of felony disenfranchisement laws. The purpose of this general qualitative study was to examine the lived experiences of Black Mississippians about felony disenfranchisement laws and voting rights. The first research question addressed perceptions of Black Americans in Mississippi regarding the felony disenfranchisement laws. The second research question addressed the experiences related to any political implications among the electorate in Mississippi. The …

Othering In Immigration Laws, Andrea Wright, Quenten Jackson, Cesar Raymundo

Immigration Scholarship: History, Trends and Development in Global Immigration

The ethical wrongs in immigration laws severely impact what it means to be an immigrant American citizen. The Hispanic and Latino groups experience “citizenship” in the United States in a way that portrays them as uneducated and poor criminals, and this paper seeks to understand the reasoning behind this unfair reputation. In order to answer questions of ethics and law, this paper begins with studying the root of othering, regarding immigration in the United States. This research paper investigates the evolution of race-based exclusion laws in immigration and focuses on the relationship between these exclusion laws and race hierarchy in …

Color Of Creatorship - Author's Response, Anjali Vats

Articles

This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.

Citizenship Disparities, Emily Ryo, Reed Humphrey

Faculty Scholarship

No abstract provided.

Predictors Of Refugees’ Ability To Pass The United States Citizenship Exam, Molly Grover, Fern Hauck, Sarah Blackstone, Emily Cloyd

Virginia Journal of Public Health

Background: Passing the United States citizenship exam can be challenging for refugee populations for several reasons, including affordability of English classes, time restraints, medical stressors, and limited formal education. The purpose of this study was to examine factors that may influence a refugees’ ability to pass the citizenship exam, including English proficiency, education, employment, and completion of English as a Second Language (ESL) classes.

Methods: Refugee patients at the International Family Medicine Clinic (IFMC) in Central Virginia participated in a survey that assessed their levels of English proficiency and whether or not they had passed the citizenship exam. The survey …

Concealing In The Public Interest, Or Why We Must Teach Secrecy, Susan Maret

Secrecy and Society

Secrecy as the intentional or unintentional concealment of information is the subject of investigation within the humanities, social sciences, journalism, law and legal studies. However, the subject it is not widely taught as a distinct social problem within higher education. In this article, I report personal experience with developing and teaching a graduate level course on a particular type of secrecy, government secrecy, at the School of Information, San Jose State University. This article includes discussion on selecting course materials, creating assignments, and navigating controversial histories. This article also sets the stage to this special issue of Secrecy and Society …

Changing The Subject Of Sati, Deepa Das Acevedo

Faculty Articles

Charan Shah's 1999 death was widely considered to be the first sati, or widow immolation, to have occurred in India in over twenty years. Media coverage of the event focused on procedural minutiae-her sari, her demeanor-and ultimately, several progressive commentators came to the counterintuitive conclusion that the ritually anomalous nature of Charan's death confirmed its voluntary, secular, and noncriminal nature. This article argues that the "unlabeling" of Charan's death, like those of other women between 1999 and 2006, reflects a tension between the nonindividuated, impervious model of personhood exemplified by sati and the particularized citizen-subject of liberal-democratic politics in India.

I Pledge Allegiance To One Global Nation: Redefining Citizenship Through The Institutionalization Of Cosmopolitan Principles In Response To The U.S. Immigration System, Giselle Lucia Avila

Senior Projects Spring 2020

Senior Project submitted to The Division of Social Studies of Bard College

The Color Of Creatorship: Intellectual Property, Race, And The Making Of Americans (Introduction), Anjali Vats

Book Chapters

INTELLECTUAL PROPERTY LAW, the body of legal doctrine and practice that governs the ownership of information, is animated by a dichotomy of creatorship and infringement. In the most often repeated narratives of creatorship/infringement in the United States, the former produces a social and economic good while the latter works against the production of that social and economic good. Creators, those individuals whose work is deemed protectable under copyright, patent, trademark, trade secret, and unfair competition law, create valuable products that contribute to economic growth and public knowledge. Infringers, those individuals who use the work of creators without their permission, steal …

Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf

Faculty Contributions to Books

In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from the norm. …

Marta, Marta, Tsos

TSOS Interview Gallery

Marta is a member of the support community for Central American refugees arriving in the southwest US. In this interview, Marta shares her own story of crossing the border at a young age with her daughter and her life in the US. Marta was self-employed for many years and later went on to serve in the US Army in Iraq. For the last 9 months, she and her husband Israel and son Josue have worked tirelessly to help make sure the current refugees arriving are cared for after they are released from detention centers and begin their lives in the …

Theorizing American Freedom (Review Essay), Anthony O'Rourke

Anthony O'Rourke

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

Is Citizenship Still Relevant? State Sovereignty, Migration, And Sanctuary Cities In A Globalizing World, Melissa J. Lauro

Student Publications

This paper argues that sanctuary cities and sanctuary policies in the United States are a manifestation of the conflicts resulting from processes of globalization, which have changed traditional notions of citizenship, state sovereignty, and state security, as well as fostered a cultural backlash and identity politics within the U.S.

Contested Identity And Making Sense Of Atrocity: Understanding The Rohingya Crisis In Myanmar, Christopher Andrew Long

Senior Projects Spring 2018

Myanmar’s recent transition towards democracy has caused western leaders to become increasingly optimistic about the future of human rights within the country. However, since emerging on the international stage in 2012, the Rohingya crisis has drastically upset such expectations, leaving the international community in complete shock over the issue. Attempting to shed light on this human rights tragedy, international media coverage has produced an overly simplified depiction of the Rohingya crisis. In addition, very little academic literature exists seeking to explain the root causes of the issue. By utilizing interviews conducted at the University of Mandalay this paper attempts to …

No More Blood, Kerry Abrams

Faculty Scholarship

No abstract provided.

The Battle Of Birthright Citizenship, Joshua White

Brigham Young University Prelaw Review

This article examines the legal case behind denying birthright citizenship to the children of illegal aliens born on U.S. territory and thereby correcting the present interpretation of the Citizenship Clause. Currently, children of illegal aliens born on U.S. territory are automatically granted citizenship jus soli. This removes the sovereignty of the American citizen by supplanting the citizen with an illegal alien in determining who can become citizens of the United States. To resolve this problem, Congress must enact legislation specifically restricting birthright citizenship from children of illegal aliens. While other articles focus on the morality of accepting refugees or illegal …

“Illegal” Migration Is Speech, Daniel I. Morales

Indiana Law Journal

Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cutting-edge political theorists. One prominent theorist argues, for example, that basic democratic principles require that noncitizens living outside the United States have a say in the formation of immigration law since they must obey it. This Article provides a legal response to these political theory developments, assimilating them, along with the facts on the ground, into an account of “illegal” migration as First Amendment speech.

If noncitizens’ …

The Contribution Of Hugo Chávez To An Understanding Of Post-Neoliberalism, Tony Spanakos, Dimitris Pantoulas

Department of Political Science and Law Faculty Scholarship and Creative Works

When Hugo Chávez was president, he pronounced the death of many things - the constitution, the old "partyarchy," Venezuela's "Fourth Republic," and the Free Trade Area of the Americas, among others. Since his own death in 2013, scholars, activists, and citizens have contributed to a rich discussion of his legacy. Part of that legacy is an understanding of post-neoliberalism that recognizes its competing and contradictory components, some of them seeking to complement, improve, and reverse neoliberal policies or overcome neoliberal logics and others constituting important remnants of neoliberalism.

Domicile Dismantled, Kerry Abrams, Kathryn Barber

Faculty Scholarship

No abstract provided.

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

Ruth Gomberg-Munoz

The Culture Of Citizenship, Leti Volpp

Leti Volpp

The headscarf debate in France exemplifies what is widely perceived as the battle between a culture-free citizenship and a culturally-laden other. This battle, however, presumes the existence of a neutral state that must either tolerate or ban particular cultural differences. In this Article, I challenge that presumption by demonstrating how both cultural difference and citizenship are imagined and produced. The citizen is assumed to be modern and motivated by reason; the cultural other is assumed to be traditional and motivated by culture. Yet citizenship is both a cultural and anti-cultural institution: citizenship positions itself as oppositional to culture, even as …

Immigration's Family Values, Kerry Abrams, R. Kent Piacenti

Faculty Scholarship

No abstract provided.

Overcoming Coloniality: The Potential Of South-South Dialogue About Citizenship, Participatory Democracy, And Development Between Brazil And India, Bernd Reiter

Government and International Affairs Faculty Publications

This chapter argues that North-South dialogue is heavily influenced by the colonial past and burdened by extreme power inequalities. Former colonizing nations control many of the agendas of such dialogue, exposing it to the risks of paternalism, post-colonialism, and tutelage. As a result, coloniality is a condition difficult to escape in north-south dialogue. South-south dialogue, on the other hand, is less implicated by this burden, thus offering a platform for a potentially free - and freeing – critical interchange of ideas and empirical examples that reflect subaltern experiences and provide opportunities for mutual learning. One area where this dialogue is …

The Embodiment Of Tolerance In Discourses And Practices Addressing Cultural Diversity In Schools, The Case Of Cyprus, Nicos Trimikliniotis, Corina Demetriou, Elena Papamichael

Nicos Trimikliniotis

The report examines the processes, methods and Practices of the Cypriot educational system as the

embodiment of tolerance in discourses and practices addressing cultural diversity in schools. These are

mediated by the perceptions of policy makers, the convictions of stakeholders involved in the processes and abilities of and tools made available to educationalists. In examining the nature of the educational system and particularly the way in which the system treats its minoritised individuals and groups, the philosophy which emerges is that of viewing diversity as a disadvantage and a deficiency that needs to be ‘treated’, against a backdrop of essentialising …

Theorizing American Freedom (Reviewing Aziz Rana, The Two Faces Of American Freedom (2010)), Anthony O'Rourke

Book Reviews

This is a review essay of The Two Faces of American Freedom, by Aziz Rana. The book presents a new and provocative account of the relationship between ideas of freedom and the constitutional structure of American power. Through the nineteenth century, Rana argues, America’s constitutional structure was shaped by a racially exclusionary, yet economically robust, concept that he calls “settler freedom.” Drawing on the burgeoning interdisciplinary field of settler colonial studies, as well as on the vast historical literature on civic republicanism, Rana contends that the concept of settler freedom necessitated a constitutional framework that enabled rapid territorial expansion and …

Framing Non-Whites And Producing Second-Class Citizens In France And Portugal, Bernd Reiter

Government and International Affairs Faculty Publications

The quality of contemporary democracies hinges on the breadth and depth of the citizenship regimes on which democracy ultimately rests. This article argues that, to assess citizenship, two important dimensions are of crucial interest, namely to what extent formal citizens are able to live and practice substantive citizenship roles and, secondly, how access to citizenship rights is used by different societal groups in order to defend privilege. Having conducted a comparative case study of Portugal and France, I now argue that political elites are contributing to a framing of non-whites as foreigners and immigrants because it serves their purpose and …

Anonymity And Democratic Citizenship, James A. Gardner

Journal Articles

Many aspects of modern democratic life are or can be performed anonymously – voting, financial contributions, petition signing, political speech and debate, communication with and lobbying of officials, and so forth. But is it desirable for citizens to perform such tasks anonymously? Anonymity frees people from social pressures associated with observation and identifiability, but does this freedom produce behavior that is democratically beneficial? What, in short, is the effect of anonymity on the behavior of democratic citizens, and how should we evaluate it?

In this paper, I attempt a first pass answer to these questions by turning to both democratic …

The Male Neonatal Circumcision Debate: Social Movements,Sexual Citizenship, And Human Rights, Lauren M. Sardi

Societies Without Borders

Male circumcision is known to be one of the oldest and perhaps one of the most controversial body modification procedures in the history of humanity (Darby 2005; Gollaher 1994, 2000; Grimes 1980). Such scholars and activists, especially those who self-identify as being against the routinized procedure of male neonatal circumcision, discuss circumcision as a human rights violation. However, what is notable about the anti-circumcision movement more broadly is how they implement a Western notion of human rights in which there are contradictions between the rights of children versus the concept of cultural rights, which are both religious and secular in …