Matching Items (37)
Filtering by
- Genre: Doctoral Dissertation
- Creators: Arizona State University
Description
Arizona has become infamous for its strong nativist and anti-immigrant climate, gaining national and international attention for legislation and policing practices that are in violation of civil and human rights. Despite the grave injustices perpetuated against migrants and communities of color, they exist in an environment of acceptance. Applying Critical Pedagogy, Critical Race Theory/ Latina(o) Critical Race Theory, and Chicana Feminist epistemologies, this study interrogates the polarized discourse that has intensified in Arizona, within the immigration movement and across its political spectrum, from 2006 to 2008. I present an auto-ethnographic account, including use of participant action research, narrative, and storytelling methods that explores ways in which resistance is manifested and the implications for creating sustainable social change. I argue that legislation, raids, and local immigration enforcement tactics reinforce the dominant group's fear of the "other," resulting in micro and macro aggressions that legitimize racial profiling and help safeguard and fortify White privilege through the fabrication of racialized identities. Simultaneously, organizing strategies and discourse of immigrant rights advocates reflect an entanglement of perceived identities and a struggle to negotiate, contest, and redefine boundaries of public space. The raids, coupled with protests and counter demonstrations, produced a public spectacle that reinforces anti-immigrant connections between race and crime. Lastly, I apply and introduce Border Crit, a new and emerging theory I propose to better address research in the borderlands.
ContributorsMaldonado, Angeles (Author) / Swadener, Elizabeth B. (Thesis advisor) / Scott, Kimberly (Committee member) / Mckinley Jones Brayboy, Bryan (Committee member) / Arizona State University (Publisher)
Created2013
Description
Gender and sex are often conflated. Our laws, policies, and even science establish sex and gender as intrinsically linked and dimorphic in nature. This dissertation examines the relationship between sex and gender and the repercussions of this linked dimorphism in the realms of law, politics, and science. Chapter One identifies the legal climate for changing one's sexual identity post-surgical reassignment. It pays particular attention to the ability of postsurgical transsexuals to marry in their acquired sex. Chapter Two considers the process for identifying the sex of athletes for the purposes of participation in sex-segregated athletic events, specifically the role of testing and standards for categorization. Chapter Three explores the process of identifying and assigning the sex of intersex children. Chapter Four examines the process of prenatal sex selection and its ethical implications. Chapter Four also offers an anticipatory governance framework to address these implications.
ContributorsParsi, John (Author) / Crittenden, Jack (Thesis advisor) / Guston, David H. (Committee member) / Marchant, Gary (Committee member) / Arizona State University (Publisher)
Created2013
Description
This dissertation project is a legal and policy analysis of California's involuntary psychiatric commitment laws and policy as applied to American Indians (AI). Mental health-based civil commitment and conservatorships constitute some of the most severe intrusions into personal liberties and freedom outside of the criminal justice system. In the context of AI peoples and tribal Nations, however, these intrusions implicate not only individual freedoms and well-being but also larger notions of tribal sovereignty, self-determination, culture, and the dialectic relationship between individual identity and community knowledge related to definitions of health, illness and the social meaning of difference. Yet, in the context of involuntary psychiatric commitments, the law reflects a failure to understand this relationship, alternating between strategic use of the sovereignty doctrine to deny access to services or, alternatively, wholly absenting issues of sovereignty and Indigenous worldviews from legal discourse. This project explores the nuanced ways in which these issues are weaved into the fabric of mental health law and policy and how they function to codify, enact and maintain colonization for AI peoples and Nations.
ContributorsGough, Heather Robyn (Author) / Brayboy, Bryan Mck. J. (Thesis advisor) / Romero, Mary (Committee member) / Molidor, Christian (Committee member) / Arizona State University (Publisher)
Created2013
Description
Immigration courts fail to live up to courtroom ideals. Around 2009, proposals were offered to address the problems of these troubled courts. My study illustrates the inevitable linkage between court reform proposals and conceptions of fairness and efficiency, and ultimately justice. I ask: (1) From the perspective of attorneys defending immigrants' rights, what are the obstacles to justice? How should they be addressed? And (2) How do proposals speak to these attorneys' concerns and proposed resolutions? The proposals reviewed generally favor restructuring the court. On the other hand, immigration (cause) lawyers remain unconvinced that current proposals to reform the courts' structure would be successful at addressing the pivotal issues of these courts: confounding laws and problematic personnel. They are particularly concerned about the legal needs and rights of immigrants and how reforms may affect their current and potential clients. With this in mind, they prefer incremental changes - such as extending pro bono programs - to the system. These findings suggest the importance of professional location in conceptualizing justice through law. They offer rich ground for theorizing about courts and politics, and justice in immigration adjudication.
ContributorsAbbott, Katherine R (Author) / Provine, Doris M. (Thesis advisor) / Cruz, Evelyn H. (Committee member) / Johnson, John M. (Committee member) / Zatz, Marjorie S. (Committee member) / Arizona State University (Publisher)
Created2013
Description
Both law and medicine are interpretive practices, and both systems have historically worked in tandem, however ineffectively or tumultuously. The law is, by social mandate, imagined as a "fixed" system of social control, made up of rules and procedures grounded in a reality that is independent of language; although we know that law is both revised and interpreted every day in courtroom practice, to imagine the law, the system that keeps bad people behind bars and good people safe, as indeterminate or, worse, fallible, produces social anxieties that upend our cultural assumptions about fairness that predate our judicial system. This imaginary stability, then, is ultimately what prevents the legal system from evolving in consonance with developments in the mental health professions, as inadequate as that discursive system may be for describing and categorizing the infinite possibilities of mental illness, specifically where it is relevant to the commission of a crime. Ultimately, the insanity plea raises the specter of the endless interpretability of the law and mental illness and, therefore, the frailty of the justice system, which makes each insanity defense trial emblematic of larger social anxieties about social control, fairness, and susceptibility to mental illness or the actions of mentally ill people.
ContributorsAlden, Andrea Lisa (Author) / Daly Goggin, Maureen (Thesis advisor) / Carlson, A. Cheree (Committee member) / Roberts-Miller, Patricia (Committee member) / Arizona State University (Publisher)
Created2014
Description
Power relations among cultural, socio-economic, and political groups have been dynamic forces shaping American history. Within that changing world, relations between indigenous and non-indigenous groups have been complicated by a fundamental difference often ascribed to Western philosophy versus Native American spiritual traditions. In 1990, Congress codified that difference when it passed the Native American Graves Protection and Repatriation Act (NAGPRA) stipulating that Indian tribes and Native Hawaiians are unique among United States cultural groups. At the same time, NAGPRA began breaking down the Western vs. indigenous paradigm. The legislative process of NAGPRA strongly encouraged cooperation among indigenous peoples and the non-indigenous peoples who had collected their bones and belongings under earlier policies. NAGPRA required museums and other agencies accepting federal monies to inventory any collections of Native American items with the intent of giving control to tribes over the disposition of culturally affiliated human remains and certain classes of objects. In the rearranging power relations NAGPRA instigated, people maneuvered for power over the "truth," over whose memory, meaning, and spiritual worldview held authenticity. This dissertation considers cases that pushed or broke the limits of cooperation fostered by NAGPRA. Ignoring the bones and related funerary objects, Tangled Truths analyzes repatriation disputes over cultural artifacts to illuminate changing power relations among cultural groups in the United States. The repatriation negotiations in which people would not compromise were cases in which there existed strong differences in spiritual worldviews, cultural memories, or material interests. Congress could encourage cooperation, but it could not legislate acceptance of others' spiritual worldviews, nor could it persuade people to relinquish engrained cultural memories. And without solid enforcement, the NAGPRA process could be outmaneuvered by those intent on pursuing their own material interests.
ContributorsBiggs, Patricia Allyn (Author) / Fixico, Donald L (Thesis advisor) / Kintigh, Keith W. (Committee member) / Thoompson, Victoria E (Committee member) / Arizona State University (Publisher)
Created2011
Description
In The Archive and the Repertoire, Diana Taylor discusses how performance, gestures, resistances within a community holds an embodied memory and enacts the transmission of knowledge within that community. Taylor discusses how this embodied memory is alternative to the written archive of history, history of interaction, history of meaning, history of language. Through the consideration of performance, Taylor urges her reader to reconsider oral and performative transmission of culture, knowledge, customs, traditions, and resistance. This project considers whether this reconsideration can be extended or expanded to oral and performative transmission of law within a community. Specifically, this research explores the conflict between the project of nationality and the reality of social organizing on a community/collective level. It asserts that this conflict is manifested most dramatically within border communities. The dissertation examines how the role of written law in the borderlands divides land and inhabitants and reconstructs a new understanding of the borderlands through oral histories and resistance by border communities. The overall goal of the dissertation is to challenge current scholarship to address the conceptual and sociopolitical task of a world in which legal representations and abstractions supersede the complex reality of community relations. As legal anthropologist Sally Falk Moore identified, we must consider carefully whether or not law controls the social context and what this means for our own definitions of community, what are the boundaries and borders of communities, and the seemingly limitedness of social interaction that becomes based on such legal definitions. The dissertation analyzes the defining disconnect of law from the social context that manifests itself amongst border communities along the U.S.-Mexico border. By exploring how law creates, sustains, molds, and connects the phenomenon of sovereignty, economy, and international borders, we can begin to understand how actions of border communities along the U.S.-Mexico border define the disconnect of law from the social context by redefining community itself.
ContributorsNatividad, Nicholas (Author) / Lauderdale, Pat (Thesis advisor) / Quan, Helen T. (Thesis advisor) / Gomez, Alan E. (Committee member) / Tsosie, Rebecca (Committee member) / Arizona State University (Publisher)
Created2012
Description
This dissertation explores the discursive construction of work and family identities in the Family and Medical Leave Act (FMLA) regulatory rulemaking process. It uses dramatism and public sphere theory along with the critical legal rhetoric perspective to analyze official FMLA legal texts as well as over 4,600 public comments submitted in response to the United States Department of Labor's 2008 notice of proposed rulemaking that ultimately amended the existing FMLA administrative regulations. The analysis in this dissertation concludes that when official and vernacular discourses intersect in a rulemaking process facilitated by the state, the facilitated public that emerges in that discourse is bounded by official discourses and appropriated language. But individuals in the process are able to convey and contest a range of work and family identities that include characteristics of public, private, abuse, accountability, sacrifice, and struggle. It further demonstrates that different circumferences for crafting work and family identities exist in the regulatory rulemaking process, including national, international, and time-bounded circumferences. Because the law is a discourse that has far-reaching rhetorical implications and the intersect between vernacular discourses and legal discourses is an underexplored area in both communication and legal studies, this dissertation offers a contribution to the ongoing work of scholars thinking about work and family identities, the material consequences of the intersect of work and family, and the rhetorical implications of legal discourse.
ContributorsDavis, Kirsten (Author) / Carlson, Adina (Thesis advisor) / Brouwer, Daniel (Committee member) / Sigler, Mary (Committee member) / Arizona State University (Publisher)
Created2012
Description
The rights of American Indians occupy a unique position within the legal framework of water allocations in the western United States. However, in the formulation and execution of policies that controlled access to water in the desert Southwest, federal and local governments did not preserve the federal reserved water rights that attached to Indian reservations as part of their creation. Consequentially, Indian communities were unable to access the water supplies necessary to sustain the economic development of their reservations. This dissertation analyzes the legal and historical dimensions of the conflict over rights that occurred between Indian communities and non-Indian water users in Arizona during the second half of the twentieth century. Particular attention is paid to negotiations involving local, state, federal, and tribal parties, which led to the Congressional authorization of water rights settlements for several reservations in central Arizona. The historical, economic, and political forces that shaped the settlement process are analyzed in order to gain a better understanding of how water users managed uncertainty regarding their long-term water supplies. The Indian water rights settlement process was made possible through a reconfiguration of major institutional, legal, and policy arrangements that dictate the allocation of water supplies in Arizona.
ContributorsKilloren, Daniel (Author) / Hoerder, Dirk (Thesis advisor) / Hirt, Paul (Committee member) / Smith, Karen (Committee member) / Arizona State University (Publisher)
Created2011
Description
Over the past decades, Colombian society has endured the impact of a longstanding political conflict among different actors and outrageous expressions of violence, especially among left wing guerrillas, right wing paramilitary groups and the state government. Drawing on socio-legal studies in transitional justice and human rights, this research attempts to analyze the recent experience of transitional justice in Colombia. The main purpose of this research is to understand how political, institutional and social actors, especially the government, the courts, the human rights and transitional justice NGOs, and victims associations, frame the mechanisms of transitional justice and use legal instruments to transform the conflict and reach what they consider "justice." It also attempts to understand the relations between politics and law in the context of a hegemonic discourse of security and give account of the expressions of resistance of human rights networks. In doing so, this research advances theory on literature about law and society and transitional justice by means of applying and expanding the theoretical framework of socio-legal research via the process of transitional justice in Colombia. The dissertation presents information gathered in the field in Colombia between July 2009 and July 2010 through a qualitative research design based on document analysis and in-depth interviews with members of different international and domestic human rights organizations, victims' organizations and national institutions. The research explains how these organizations combined political and legal actions in order to contest a project of security, and more specifically a project of impunity that came from negotiations with the paramilitary groups. The research also explains how the human rights networks not only mobilized internationally to gain political support from the international community, but also how these organizations contributed to transform the political debate about victims' rights. The research also explains how the human rights organizations and victims' groups articulated the global discourse on human rights and the local and domestic meanings constructed by the emerging movements of victims. Finally, the research analyses the relevance of legal practices consisting on strategic use of law in order to protect the victims of human rights violations.
ContributorsGomez Sanchez, Gabriel (Author) / Lauderdale, Pat (Thesis advisor) / Vanna, Gonzales (Committee member) / Ladawn, Haglund (Committee member) / Jeffrey, Juris (Committee member) / Arizona State University (Publisher)
Created2011