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Articles 271 - 300 of 25787
Full-Text Articles in Social and Behavioral Sciences
Division Within The Boundaries, Annelise Riles
Division Within The Boundaries, Annelise Riles
Annelise Riles
In the Part-European settlement of Kasavu, Fiji, land is divided in each generation into parallel plots of ever-decreasing width but identical form. Kinship as division, I argue, is knowledge which is not representative of social relations and which therefore does not effectuate 'change'. This is contrasted to an additive logic of of kinship relations among urban Part-Europeans, a logic in which information is potentially infinite and thus always incomplete, and in which knowledge attaches to persons and changes through techniques of collective discovery.
Property As Legal Knowledge: Means And Ends, Annelise Riles
Property As Legal Knowledge: Means And Ends, Annelise Riles
Annelise Riles
This article takes anthropologists’ renewed interest in property theory as an opportunity to consider legal theory-making as an ethnographic subject in its own right. My focus is on one particular construct – the instrument, or relation of means to ends, that animates both legal and anthropological theories about property. An analysis of the workings of this construct leads to the conclusion that rather than critique the ends of legal knowledge, the anthropology of property should devote itself to articulating its own means.
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
A New Agenda For The Cultural Study Of Law: Taking On The Technicalities, Annelise Riles
Annelise Riles
This article urges humanistic legal studies to take the technical dimensions of law as a central focus of inquiry. Using archival and ethnographic investigations into developments in American Conflict of Laws doctrines as an example, and building on insights in the anthropology of knowledge and in science and technology studies that focus on technical practices in scientific and engineering domains, it aims to show that the technologies of law - an ideology that law is a tool and an accompanying technical aesthetic of legal knowledge - are far more central and far more interesting dimensions of legal practice than humanists …
Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles
Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles
Annelise Riles
Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …
Infinity Within The Brackets, Annelise Riles
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
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
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
The New Bureaucracies Of Virtue: Introduction, Marie-Andree Jacob, Annelise Riles
Annelise Riles
No abstract provided.
Foreword: Transdisciplinary Conflicts Of Law, Ralf Michaels, Karen Knop, Annelise Riles
Foreword: Transdisciplinary Conflicts Of Law, Ralf Michaels, Karen Knop, Annelise Riles
Annelise Riles
This introduction to our co-edited special issue of Law and Contemporary Problems addresses how interdisciplinary studies might contribute to the revitalization of the field of Conflict of Laws. The introduction surveys existing approaches to interdisciplinarity in conflict of laws - drawn primarily from economics, political science, anthropology and sociology. It argues that most of these interdisciplinary efforts have remained internal to the law, relating conflicts to other legal spheres and issue areas. It summarizes some of the contributions of these projects but also outlines the ways they fall short of the full promise of interdisciplinary work in Conflicts scholarship, and …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Aziz Rana
No abstract provided.
Responses To The Ten Questions, Aziz Rana
Responses To The Ten Questions, Aziz Rana
Aziz Rana
This essay responds to a question posed by the William Mitchell Law Review for its annual national security issue: Has Obama Improved Bush's National Security Policies? I maintain that Obama Administration practices have been marked by striking continuities with those of the previous Administration. I then attempt to explain these continuities by discussing how American policymakers across the political spectrum share basic assumptions about the concept of national security and the need for an aggressive and interventionist foreign policy.
American Overreach: Strategic Interests And Millennial Ambitions In The Middle East, Asli Bâli, Aziz Rana
American Overreach: Strategic Interests And Millennial Ambitions In The Middle East, Asli Bâli, Aziz Rana
Aziz Rana
This article argues that American actions in the Middle East designed to advance democracy and/or ‘moderation’ tend to yield perverse outcomes that frustrate the aspirations of local actors while undermining the values purportedly being promoted by the US. In order to explain these contradictions, we emphasise the linkage between policies of democracy promotion and long-standing American commitments both to millennialism and geographical omnipresence. As a result of these policies and geopolitical vision, we argue that ‘democracy promotion’ often devolves into a simple defence of American interest – by producing electoral outcomes intended to strengthen local agents seen as compliant with …
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Settlers And Immigrants In The Formation Of American Law, Aziz Rana
Aziz Rana
This paper argues that the early American republic is best understood as a constitutional experiment in “settler empire,” and that related migration policies played a central role in shaping collective identity and structures of authority. Initial colonists, along with their 19th century descendants, viewed society as grounded in an ideal of freedom that emphasized continuous popular mobilization and direct economic and political decision-making. However, many settlers believed that this ideal required Indian dispossession and the coercive use of dependent groups, most prominently slaves, in order to ensure that they themselves had access to property and did not have to engage …
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Judging By Heuristic: Cognitive Illusions In Judicial Decision Making, Chris Guthrie, Jeffrey J. Rachlinski, Andrew J. Wistrich
Jeffrey J. Rachlinski
Many people rely on mental shortcuts, or heuristics, to make complex decisions, but this sometimes leads to inaccurate inferences, or cognitive illusions. A recent study suggests such cognitive illusions influence judicial decision making.
Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski
Heuristics, Biases, And Philosophy, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Commenting on Professor Cass Sunstein's work is a daunting task. There is simply so much of it. Professor Sunstein produces scholarship at a rate that is faster than I can consume it. Scarcely an area of law has failed to feel his impact. One cannot today write an article on administrative law, free speech, punitive damages, Internet law, law and economics, separation of powers, or animal rights law without addressing one or more of Sunstein's papers. And his work is typically not a mere footnote. Sunstein has changed how scholars think about each of these areas of law. More broadly, …
Law, Environment, And The “Nondismal” Social Sciences, William Boyd, Douglas Kysar, Jeffrey J. Rachlinski
Law, Environment, And The “Nondismal” Social Sciences, William Boyd, Douglas Kysar, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Over the past 30 years, the influence of economics over the study of environmental law and policy has expanded considerably, becoming in the process the predominant framework for analyzing regulations that address pollution, natural resource use, and other environmental issues. This review seeks to complement the expansion of economic reasoning and methodology within the field of environmental law and policy by identifying insights to be gleaned from various “nondismal” social sciences. In particular, three areas of inquiry are highlighted as illustrative of interdisciplinary work that might help to complement law and economics and, in some cases, compensate for it: the …
The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski
The Psychological Foundations Of Behavioral Law And Economics, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Over the past decade, psychological research has enjoyed a rapidly expanding influence on legal scholarship. This expansion has established a new field—“Behavioral Law and Economics” (BLE). BLE’s principal insight is that human behavior commonly deviates from the predictions of rational choice theory in the marketplace, the election booth, and the courtroom. Because these deviations are predictable, and often harmful, legal rules can be crafted to reduce their undesirable influence. Ironically, BLE seldom recognizes that its intellectual origins lie with psychology more so than economics. This failure leaves BLE open to criticisms that can be answered only by embracing the underlying …
Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski
Regulating In Foresight Versus Judging Liability In Hindsight: The Case Of Tobacco, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Potentially dangerous products, such as cigarettes, can be regulated through ex post liability or ex ante regulation. Both systems should reach the same result. In practice, however, cognitive biases that influence the liability system can produce incentives to take an excess of precautions. In particular, because people tend to see past events as more predictable than they really were, judges and juries will tend to find defendants who took reasonable care negligent or even reckless. As a consequence of these biases, a liability system can be more expensive than a regulatory system, both to potential defendants and to society. Cognitive …
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
Is Evolutionary Analysis Of Law Science Or Storytelling?, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
In recent years, some legal scholars have argued that legal scholarship could benefit from a greater reliance on theories of human behavior that arise from biological evolution. These scholars contend that reliance on biological evolution would successfully combine the rigor of economics with the scientific aspects of psychology. Complex legal systems, however, are uniquely human. Law has always been the product of cognitive processes that are unique to humans and that developed as a response to an environment that no longer exists. Consequently, the evolutionary development of the cognitive mechanisms upon which law depends cannot be rigorously modeled or studied …
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
Barack Obama, Implicit Bias, And The 2008 Election, Jeffrey J. Rachlinski, Gregory S. Parks
Jeffrey J Rachlinski
The election of Barack Obama as the forty-fourth president of the United States suggests that the United States has made great strides with regard to race. The blogs and the pundits may laud Obama’s win as evidence that we now live in a “post-racial America.” But is it accurate to suggest that race no longer significantly influences how Americans evaluate each other? Does Obama’s victory suggest that affirmative action and antidiscrimination protections are no longer necessary? We think not. Ironically, rather than marking the dawn of a post-racial America, Obama’s candidacy reveals how deeply race affects judgment.
Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski
Gains, Losses, And The Psychology Of Litigation, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski
The Effectiveness Of The Endangered Species Act: A Quantitative Analysis, Martin F.J. Taylor, Kieran F. Suckling, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Population trends for 1095 species listed as threatened and endangered under the Endangered Species Act were correlated with the length of time the species were listed and the presence or absence of critical habitat and recovery plans. Species with critical habitat for two or more years were more than twice as likely to have an improving population trend in the late 1990s, and less than half as likely to be declining in the early 1990s, as species without. Species with dedicated recovery plans for two or more years were significantly more likely to be improving and less likely to be …
A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski
A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Heuristics And Biases In The Court: Ignorance Or Adaptation?, Jeffrey J. Rachlinski
Heuristics And Biases In The Court: Ignorance Or Adaptation?, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Cognitive Errors, Individual Differences, And Paternalism, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
Legal scholars commonly argue that the widespread presence of cognitive errors in judgment justifies legal intervention to save people from predictable mistakes. Such arguments often fail to account for individual variation in the commission of such errors even though individual variation is probably common. If predictable groups of people avoid making the errors that others commit, then law should account for such differences because those who avoid errors will not benefit from paternalistic interventions and indeed may be harmed by them. The research on individual variation suggests three parameters that might distinguish people who can avoid error: cognitive ability, experience …
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
The Uncertain Psychological Case For Paternalism, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
No abstract provided.
The Psychology Of Global Climate Change, Jeffrey J. Rachlinski
The Psychology Of Global Climate Change, Jeffrey J. Rachlinski
Jeffrey J. Rachlinski
In its attempt to address the threat of global climate change, society has struggled to reach a consensus regarding the need for preventive measures. Professor Rachlinski describes the threat of global climate change as a unique commons dilemma and explains that various psychological phenomena of judgment render it unlikely that society will be able to respond effectively to the threat. After considering the effects of biased assimilation, loss aversion, and other psychological processes, the author explains that an innovative approach is necessary to properly address the dilemma of global climate change. Specifically, the author examines the prospect of governmental intervention …
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Judicial Reform, Constitutionalism And The Rule Of Law In Zambia: From A Justice System To A Just System, Muna Ndulo
Muna B Ndulo
In Zambia it is generally agreed on by all stakeholders that the judicial system needs reform to make it more accountable, independent, and able to deliver justice efficiently and effectively. This article discusses judicial reform in the context of the independence of the judiciary. It tries to unpack the term judicial reform. It argues that for the rule of law and constitutionalism to prevail it is crucial that the judiciary is independent and there is separation of powers between the executive and the judiciary, and legislature and the judiciary. For judges to be personally and substantively independent they need security …
Group-Average Observables As Controls For Sorting On Unobservables When Estimating Group Treatment Effects: The Case Of School And Neighborhood Effects, Joseph G. Altonji, Richard K. Mansfield
Group-Average Observables As Controls For Sorting On Unobservables When Estimating Group Treatment Effects: The Case Of School And Neighborhood Effects, Joseph G. Altonji, Richard K. Mansfield
Rick Mansfield
We consider the classic problem of estimating group treatment effects when individuals sort based on observed and unobserved characteristics. Using a standard choice model, we show that controlling for group averages of observed individual characteristics potentially absorbs all the across-group variation in unobservable individual characteristics. We use this insight to bound the treatment effect variance of school systems and associated neighborhoods for various outcomes. Across four datasets, our conservative estimates indicate that a 90th versus 10th percentile school system increases high school graduation and college enrollment probabilities by at least 0.047 and 0.11. Other applications include measurement of teacher value-added.
California Community Colleges Child Development Laboratory Schools, Shari Yates
California Community Colleges Child Development Laboratory Schools, Shari Yates
Dissertations
Community colleges in California are the primary source for preparing the early childhood care and education (ECE) workforce. The California child development lab school mission is to prepare ECE practitioners, provide a laboratory where college students can study and research child development/education, and offer a service to children and families. There are many benefits that are derived from laboratory schools but many community college lab schools have been reduced and/or closed over the past three years. The purposes of this Delphi study were (a) to examine the most pressing issues, problems and barriers facing California community colleges child development labs …