In academic papers about emotion, it is not uncommon to find a kind of disconnect between the det... more In academic papers about emotion, it is not uncommon to find a kind of disconnect between the detachment of theoretical and scholarly language and the subject of the paper--the emotions. One of the lovely, and challenging, aspects of Jonathan Goldberg-Hiller's article is that it not only conveys the emotions that are its subject, but it brims with its own emotion;
As rhetorical categories, heterosexuality and homosexuality loom as large over our political cult... more As rhetorical categories, heterosexuality and homosexuality loom as large over our political culture as they do over the personal identities of most Americans. Sexual identity is constructed both privately and publicly, as much in intimacy as in political battle. Privately, it is difficult to divorce identity from conduct because both are inextricably part of who we are. In public discourse, however, identity and conduct are rhetorically segregated. While something of a fiction, this decoupling has an enormous effect on how we understand and enforce the categories of heterosexual and homosexual. This article explores how these terms acquire their categorical potency and exclusivity, as well as how definitions of sexual identity mask a great variety of sexual practices that do not fit neatly into either category. Bisexuality is one valuable way of accounting for and articulating the discrepancies between those people who call themselves heterosexual or homosexual and the sexual acts ...
... FOUCAULT, THE HISTORY OF SEXUALITY VOLUME I: AN INTRODUC-TION 94 (Robert Hurley trans ... cer... more ... FOUCAULT, THE HISTORY OF SEXUALITY VOLUME I: AN INTRODUC-TION 94 (Robert Hurley trans ... certain delight in boldly negotiating the battlefield of identity politics and legal thought, advancing ... Sometimes you can judge a book by deconstructing its cover, and this one is ...
I want to thank Roger Cotterrell for his stimulating lecture, and thank especially Carrie Menkel-... more I want to thank Roger Cotterrell for his stimulating lecture, and thank especially Carrie Menkel-Meadow and theInternational Journal of Law in Contextfor the opportunity to participate in this important conversation. I admire Professor Cotterrell’s choice of topic; he has taken up a really hard and pressing question for many pluralist societies right now, which is how law and legal theory might make sense of the legal demands of cultural pluralism. Kwame Anthony Appiah has nicely articulated a similar version of this problem: ‘The challenge, then, is to take minds and hearts formed over the long millennia of living in local troops and equip them with ideas and institutions that will allow us to live together as the global tribe we have become’ (Appiah, 2006, p. xiii). Even if you do not share Appiah’s exuberant cosmopolitanism, the issue remains that conflict between human groups based on small differences often unrecognisable to outsiders is probably the norm in human history, and ...
Postmodern, Traditional, and Culture as Negotiation-and concludes that, by not considering the cu... more Postmodern, Traditional, and Culture as Negotiation-and concludes that, by not considering the cultural choices it creates, the IGRA fails to provide an effective means of strengthening tribal sovereignty and economic development. In particular, Ms. Mezey stresses the IGRA's ironic effect of forcing tribes to surrender some measure of sovereignty in order to exercise the federal gaming right. She also suggests that those tribes that reap the greatest benefits from the IGRA may suffer least from the problems the statute sought to eliminate. I. POSTMODERN CONSUMERISM AND GAMING The Rabbi told my great great grandfather that if he wanted to cure his gambling addiction, he would have to move from Miskolc, Hungary to New York City. The move saved him from the pogroms and the Nazis, but needless to say, it did nothing for his gambling problem.
She wishes to thank Richard Chused and Tamara Belinfanti for inviting her to participate in the s... more She wishes to thank Richard Chused and Tamara Belinfanti for inviting her to participate in the symposium on which this issue is based, as well as the Law Review and Racial Justice Project at New York Law School for organizing an exceptionally thoughtful set of panels and performances. She is thankful to Gabe Lezra for the enthusiasm and insight he brought to this project as a research assistant and for his graceful transition to co-author. She also wishes to thank her grandmother and parents for introducing her to Dr. Seuss early and often. Gabe Lezra is a 2015 J.D. candidate at the Georgetown University Law Center, and received his B.A. from Wesleyan University in 2011. He would like to thank Naomi Mezey for the opportunity to work on such an exciting topic (and for all the engaging conversations along the way). He also wishes to thank Elvin Lim and Tushar Irani for their encouragement over the years. Finally, he would like to thank his parents and brother for their partnership and love-in all the places they went. 547 548 Family, Democracy, anD civil Society in Horton HearS a WHo! N i. intrOdUCtiOn Clifford Geertz, for example, has noted that national identity tends to form around "foci" of commonality, and tribes, ethnicity, and race are among the most powerful because they are based on "assumed kinship.
In this Article we use the terms "family" and "parenting" expansively. Family means all forms of ... more In this Article we use the terms "family" and "parenting" expansively. Family means all forms of intimate configuration. Parenting means all uncompensated caregiving 2012] 8. For an overview of political maternalism, see generally THE POLITICS OF MOTHER
as well as fruitful conversation on the topic with colleagues at Valparaiso, University of Virgin... more as well as fruitful conversation on the topic with colleagues at Valparaiso, University of Virginia, and Georgetown law schools. 1 Scott v. Harris, 550 U.S. 372, 375, 381 (2007) (concluding that no reasonable juror could find that the fleeing driver did not pose a deadly risk to the public). 2 Id. at 378-81. 3 Id. at 380-81; see id. at 391 n.3 (Stevens, J., dissenting) (recognizing that the "dashmounted video camera" was activated automatically when the police officer turned on his lights). 4 Id. at 378 n.5 (majority opinion).
The importance of RA abstracts lies in their influence on the readers' decision about whether the... more The importance of RA abstracts lies in their influence on the readers' decision about whether the accompanying article is worth reading. A number of studies have investigated the move structure of abstracts and have generated several influential models. However, little research has been conducted on subdisciplinary variations in move structure of abstracts. Additionally, previous studies have investigated independently either the move structure or the hedging use of academic writings. The attempt of the integration of the both have been lacking yet. Therefore, this study reports the analysis of move structure and hedging use in Management and Marketing abstracts. Comparative analysis was also conducted to investigate sudisciplinary variations in both move structure and hedging use between the two subdisciplines in the field of Business. In total, sixty-four research articles abstracts published in 2012 were randomly selected form eight leading journals in two subdisciplines. Hyland's model (2000) was adopted as analytical framework for move structure analysis, and Wordsmith Tool was used to search hedging in the corpus. Results showed that the move structure of I-P-Pr (Introduction-Purpose-Product) is the most dominant sequences in both Management and Marketing. Regarding the use of hedging, all the five types occurred in both subdisciplines of Business. The findings of this study have also demonstrated the existence of variations in terms of both move structure and the use of hedging in the abstracts between the two subdisciplines. Therefore, pedagogical implications can be proposed that teaching practices should address the variations so as to meet the specific expectations from different particular discourse communities.
Cultural Analysis, Cultural Studies, and the Law, 2003
others is to make it. See RAYMOND CARVER, WHAT WE TALK ABOUT WHEN WE TALK ABOUT LOVE: STORIES (19... more others is to make it. See RAYMOND CARVER, WHAT WE TALK ABOUT WHEN WE TALK ABOUT LOVE: STORIES (1981). 9. CLIFFORD, supra note 2, at 10.
Language unites; it also divides and confounds. These are ancient truths, as ancient as the bibli... more Language unites; it also divides and confounds. These are ancient truths, as ancient as the biblical story of the Tower of Babel. Law, which lives in language, confronts these truths on a daily basis, as people speaking all the world’s languages encounter each other in legally significant ways. This Special Issue examines linguistic unity, division and confusion through the lens of particular legal issues that arise when law and language cross borders. The papers grew out of two conferences organised by the London-based Center for Transnational Legal Studies. Founded in 2008, CTLS is an academic partnership of 24 law schools from five continents, devoted to the study of the legal problems and possibilities that emerge from the ever-increasing flow of people, goods, profits and ideas across boundaries. In 2012 CTLS organised a conference in Mexico City on the subject of law and translation; a follow-up conference on law and language took place in Barcelona a year later. The subjects are natural ones for an institution whose participants represent such an abundant diversity of legal cultures, and speak a dozen native languages. That the lingua franca of the conferences, and at CTLS, is English merely highlights the problems of unity and diversity that these papers explore.
Law <html_ent glyph="@amp;" ascii="&"/> Social Inquiry, 2001
Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This i... more Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we can see how power is exercised, understood, and sometimes, resisted. This is, in essence, the narrative at the heart of The Common Place of Law, where two sociologists of law examine how law or legality (power that is at once institutional and embedded in day-today social practices) is recognized, resisted, and recon
With regard to the screen, the critical and the receptive attitudes of the public coincide. "-Wal... more With regard to the screen, the critical and the receptive attitudes of the public coincide. "-Walter BenjaminI "You know, so much of the time we are just lost. We say please, God, tell us what is right, tell us what is true. There is no justice. The rich win, the poor are powerless.... We doubt ourselves, we doubt our beliefs. We doubt our institutions. And we doubt the law. "-Frank Galvin in "The Verdict" 2 "I can't believe it, the system works! "-Lisa Simpson in "The Simpsons,3 1. WALTER BENJAMIN, ILLUMINATIONs 234 (Hannah Arendt ed., Harry Zohn trans.) (1969). 2. THE VERDICT (Fox 1982) (From the closing argument of Attorney Frank Galvin). 3. The Simpsons: Mr. Lisa Goes to Washington (Fox television broadcast, Sept. 26, 1991).
The census is one of our relatively few national, secular ceremonies. It provides a sense of soci... more The census is one of our relatively few national, secular ceremonies. It provides a sense of social cohesion, and a kind of non-religious communion: we enter the census apparatus as individual identities with a handful of characteristics; then later we receive from the census a group snapshot of ourselves at the ceremony date.'
2019 IEEE International Conference on Data Science and Advanced Analytics (DSAA)
While identifying those who are most vocal on social media movements can be straight-forward, fin... more While identifying those who are most vocal on social media movements can be straight-forward, finding hidden groups can be challenging. This poster presents a case study focused on the relationship between mentions of universities in the #MeToo Twitter conversation and policies universities have implemented with regards to harassment and assault. Preliminary results suggest that there is variation in terms of policies, resources and responses to sexual misconduct across campuses and that there is also variation in the number of mentions of different universities. However, there is not a clear relationship between policies and online discussion involving universities.
The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal ex... more The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This online phenomenon, which has largely involved posting on Twitter and “retweeting” to share other’s posts has revealed crucial information about the scope and nature of sexual harassment and misconduct. More specifically, social media has served as a central forum for this unprecedented global conversation, where previously silenced voices have been amplified, supporters around the world have been united, and resistance has gained steam. This Essay discusses the #MeToo movement within the broader context of social media activism, explaining how this unique form of collective action is rapidly evolving. We offer empirical insights into the types of conversations taking place under the hashtag and the extent to which the movement is leading to broader social change. While it is unclear w...
In academic papers about emotion, it is not uncommon to find a kind of disconnect between the det... more In academic papers about emotion, it is not uncommon to find a kind of disconnect between the detachment of theoretical and scholarly language and the subject of the paper--the emotions. One of the lovely, and challenging, aspects of Jonathan Goldberg-Hiller's article is that it not only conveys the emotions that are its subject, but it brims with its own emotion;
As rhetorical categories, heterosexuality and homosexuality loom as large over our political cult... more As rhetorical categories, heterosexuality and homosexuality loom as large over our political culture as they do over the personal identities of most Americans. Sexual identity is constructed both privately and publicly, as much in intimacy as in political battle. Privately, it is difficult to divorce identity from conduct because both are inextricably part of who we are. In public discourse, however, identity and conduct are rhetorically segregated. While something of a fiction, this decoupling has an enormous effect on how we understand and enforce the categories of heterosexual and homosexual. This article explores how these terms acquire their categorical potency and exclusivity, as well as how definitions of sexual identity mask a great variety of sexual practices that do not fit neatly into either category. Bisexuality is one valuable way of accounting for and articulating the discrepancies between those people who call themselves heterosexual or homosexual and the sexual acts ...
... FOUCAULT, THE HISTORY OF SEXUALITY VOLUME I: AN INTRODUC-TION 94 (Robert Hurley trans ... cer... more ... FOUCAULT, THE HISTORY OF SEXUALITY VOLUME I: AN INTRODUC-TION 94 (Robert Hurley trans ... certain delight in boldly negotiating the battlefield of identity politics and legal thought, advancing ... Sometimes you can judge a book by deconstructing its cover, and this one is ...
I want to thank Roger Cotterrell for his stimulating lecture, and thank especially Carrie Menkel-... more I want to thank Roger Cotterrell for his stimulating lecture, and thank especially Carrie Menkel-Meadow and theInternational Journal of Law in Contextfor the opportunity to participate in this important conversation. I admire Professor Cotterrell’s choice of topic; he has taken up a really hard and pressing question for many pluralist societies right now, which is how law and legal theory might make sense of the legal demands of cultural pluralism. Kwame Anthony Appiah has nicely articulated a similar version of this problem: ‘The challenge, then, is to take minds and hearts formed over the long millennia of living in local troops and equip them with ideas and institutions that will allow us to live together as the global tribe we have become’ (Appiah, 2006, p. xiii). Even if you do not share Appiah’s exuberant cosmopolitanism, the issue remains that conflict between human groups based on small differences often unrecognisable to outsiders is probably the norm in human history, and ...
Postmodern, Traditional, and Culture as Negotiation-and concludes that, by not considering the cu... more Postmodern, Traditional, and Culture as Negotiation-and concludes that, by not considering the cultural choices it creates, the IGRA fails to provide an effective means of strengthening tribal sovereignty and economic development. In particular, Ms. Mezey stresses the IGRA's ironic effect of forcing tribes to surrender some measure of sovereignty in order to exercise the federal gaming right. She also suggests that those tribes that reap the greatest benefits from the IGRA may suffer least from the problems the statute sought to eliminate. I. POSTMODERN CONSUMERISM AND GAMING The Rabbi told my great great grandfather that if he wanted to cure his gambling addiction, he would have to move from Miskolc, Hungary to New York City. The move saved him from the pogroms and the Nazis, but needless to say, it did nothing for his gambling problem.
She wishes to thank Richard Chused and Tamara Belinfanti for inviting her to participate in the s... more She wishes to thank Richard Chused and Tamara Belinfanti for inviting her to participate in the symposium on which this issue is based, as well as the Law Review and Racial Justice Project at New York Law School for organizing an exceptionally thoughtful set of panels and performances. She is thankful to Gabe Lezra for the enthusiasm and insight he brought to this project as a research assistant and for his graceful transition to co-author. She also wishes to thank her grandmother and parents for introducing her to Dr. Seuss early and often. Gabe Lezra is a 2015 J.D. candidate at the Georgetown University Law Center, and received his B.A. from Wesleyan University in 2011. He would like to thank Naomi Mezey for the opportunity to work on such an exciting topic (and for all the engaging conversations along the way). He also wishes to thank Elvin Lim and Tushar Irani for their encouragement over the years. Finally, he would like to thank his parents and brother for their partnership and love-in all the places they went. 547 548 Family, Democracy, anD civil Society in Horton HearS a WHo! N i. intrOdUCtiOn Clifford Geertz, for example, has noted that national identity tends to form around "foci" of commonality, and tribes, ethnicity, and race are among the most powerful because they are based on "assumed kinship.
In this Article we use the terms "family" and "parenting" expansively. Family means all forms of ... more In this Article we use the terms "family" and "parenting" expansively. Family means all forms of intimate configuration. Parenting means all uncompensated caregiving 2012] 8. For an overview of political maternalism, see generally THE POLITICS OF MOTHER
as well as fruitful conversation on the topic with colleagues at Valparaiso, University of Virgin... more as well as fruitful conversation on the topic with colleagues at Valparaiso, University of Virginia, and Georgetown law schools. 1 Scott v. Harris, 550 U.S. 372, 375, 381 (2007) (concluding that no reasonable juror could find that the fleeing driver did not pose a deadly risk to the public). 2 Id. at 378-81. 3 Id. at 380-81; see id. at 391 n.3 (Stevens, J., dissenting) (recognizing that the "dashmounted video camera" was activated automatically when the police officer turned on his lights). 4 Id. at 378 n.5 (majority opinion).
The importance of RA abstracts lies in their influence on the readers' decision about whether the... more The importance of RA abstracts lies in their influence on the readers' decision about whether the accompanying article is worth reading. A number of studies have investigated the move structure of abstracts and have generated several influential models. However, little research has been conducted on subdisciplinary variations in move structure of abstracts. Additionally, previous studies have investigated independently either the move structure or the hedging use of academic writings. The attempt of the integration of the both have been lacking yet. Therefore, this study reports the analysis of move structure and hedging use in Management and Marketing abstracts. Comparative analysis was also conducted to investigate sudisciplinary variations in both move structure and hedging use between the two subdisciplines in the field of Business. In total, sixty-four research articles abstracts published in 2012 were randomly selected form eight leading journals in two subdisciplines. Hyland's model (2000) was adopted as analytical framework for move structure analysis, and Wordsmith Tool was used to search hedging in the corpus. Results showed that the move structure of I-P-Pr (Introduction-Purpose-Product) is the most dominant sequences in both Management and Marketing. Regarding the use of hedging, all the five types occurred in both subdisciplines of Business. The findings of this study have also demonstrated the existence of variations in terms of both move structure and the use of hedging in the abstracts between the two subdisciplines. Therefore, pedagogical implications can be proposed that teaching practices should address the variations so as to meet the specific expectations from different particular discourse communities.
Cultural Analysis, Cultural Studies, and the Law, 2003
others is to make it. See RAYMOND CARVER, WHAT WE TALK ABOUT WHEN WE TALK ABOUT LOVE: STORIES (19... more others is to make it. See RAYMOND CARVER, WHAT WE TALK ABOUT WHEN WE TALK ABOUT LOVE: STORIES (1981). 9. CLIFFORD, supra note 2, at 10.
Language unites; it also divides and confounds. These are ancient truths, as ancient as the bibli... more Language unites; it also divides and confounds. These are ancient truths, as ancient as the biblical story of the Tower of Babel. Law, which lives in language, confronts these truths on a daily basis, as people speaking all the world’s languages encounter each other in legally significant ways. This Special Issue examines linguistic unity, division and confusion through the lens of particular legal issues that arise when law and language cross borders. The papers grew out of two conferences organised by the London-based Center for Transnational Legal Studies. Founded in 2008, CTLS is an academic partnership of 24 law schools from five continents, devoted to the study of the legal problems and possibilities that emerge from the ever-increasing flow of people, goods, profits and ideas across boundaries. In 2012 CTLS organised a conference in Mexico City on the subject of law and translation; a follow-up conference on law and language took place in Barcelona a year later. The subjects are natural ones for an institution whose participants represent such an abundant diversity of legal cultures, and speak a dozen native languages. That the lingua franca of the conferences, and at CTLS, is English merely highlights the problems of unity and diversity that these papers explore.
Law <html_ent glyph="@amp;" ascii="&"/> Social Inquiry, 2001
Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This i... more Sometimes a work's intellectual influences reveal both its strengths and its shortcomings. This is certainly the case with Patricia Ewick and Susan Silbey's The Common Place of Law: Stories From Everyday Life, and its indebtedness to the thinking of Michel Foucault and Michel de Certeau. Taken together, Foucault and de Certeau's work suggests that investigations of law's power are most fruitful not at the level of legal institutions and the state but at the level of lived experience, where we can see how power is exercised, understood, and sometimes, resisted. This is, in essence, the narrative at the heart of The Common Place of Law, where two sociologists of law examine how law or legality (power that is at once institutional and embedded in day-today social practices) is recognized, resisted, and recon
With regard to the screen, the critical and the receptive attitudes of the public coincide. "-Wal... more With regard to the screen, the critical and the receptive attitudes of the public coincide. "-Walter BenjaminI "You know, so much of the time we are just lost. We say please, God, tell us what is right, tell us what is true. There is no justice. The rich win, the poor are powerless.... We doubt ourselves, we doubt our beliefs. We doubt our institutions. And we doubt the law. "-Frank Galvin in "The Verdict" 2 "I can't believe it, the system works! "-Lisa Simpson in "The Simpsons,3 1. WALTER BENJAMIN, ILLUMINATIONs 234 (Hannah Arendt ed., Harry Zohn trans.) (1969). 2. THE VERDICT (Fox 1982) (From the closing argument of Attorney Frank Galvin). 3. The Simpsons: Mr. Lisa Goes to Washington (Fox television broadcast, Sept. 26, 1991).
The census is one of our relatively few national, secular ceremonies. It provides a sense of soci... more The census is one of our relatively few national, secular ceremonies. It provides a sense of social cohesion, and a kind of non-religious communion: we enter the census apparatus as individual identities with a handful of characteristics; then later we receive from the census a group snapshot of ourselves at the ceremony date.'
2019 IEEE International Conference on Data Science and Advanced Analytics (DSAA)
While identifying those who are most vocal on social media movements can be straight-forward, fin... more While identifying those who are most vocal on social media movements can be straight-forward, finding hidden groups can be challenging. This poster presents a case study focused on the relationship between mentions of universities in the #MeToo Twitter conversation and policies universities have implemented with regards to harassment and assault. Preliminary results suggest that there is variation in terms of policies, resources and responses to sexual misconduct across campuses and that there is also variation in the number of mentions of different universities. However, there is not a clear relationship between policies and online discussion involving universities.
The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal ex... more The Twitter hashtag #MeToo has provided an accessible medium for users to share their personal experiences and make public the prevalence of sexual harassment, assault, and violence against women. This online phenomenon, which has largely involved posting on Twitter and “retweeting” to share other’s posts has revealed crucial information about the scope and nature of sexual harassment and misconduct. More specifically, social media has served as a central forum for this unprecedented global conversation, where previously silenced voices have been amplified, supporters around the world have been united, and resistance has gained steam. This Essay discusses the #MeToo movement within the broader context of social media activism, explaining how this unique form of collective action is rapidly evolving. We offer empirical insights into the types of conversations taking place under the hashtag and the extent to which the movement is leading to broader social change. While it is unclear w...
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Papers by Naomi Mezey