scholarly journals Migraciones y fronteras en la época del fetichismo de la ley/ Migrations and borders in the age of the fetishism of the law

2018 ◽  
pp. 29-43
Author(s):  
Yerko Castro Neira
Keyword(s):  
United States ◽  
The United States ◽  
The Law ◽  
Human Displacement

En este artículo revisamos diversos aspectos que caracterizan a las migraciones y los desplazamientos humanos en la actualidad. Vemos cómo en diversas latitudes se repiten escenarios de violencias múltiples y complejas, que afectan a las personas y a los países. Con base en el trabajo de campo desarrollado en Tijuana, en la frontera de México con Estados Unidos, reflexionamos sobre el papel de la ley y la seguridad en la conformación de esos escenarios violentos. Así, nos proponemos cuestionar la ambigüedad de la ley y de los discursos de seguridad, intentando aportar a una visión en la que el derecho pueda coexistir con una cultura de sentimientos favorables a la convivencia humana y social diversa. Abstract In this paper, we review various aspects that characterize migrations and human displacement today. We see how, in different latitudes, scenarios of multiple and complex violence are repeated. Based on fieldwork developed in Tijuana, on the border of Mexico with the United States, we reflect on the role of law and security in shaping those violent scenarios. In this way, we propose to question the ambiguity of the law and security discourses, trying to contribute to a vision in which the law is in conformity with a culture of feelings favorable to the human and social diverse coexistence.

The Restatement and Beyond

2020 ◽  
Keyword(s):  
United States ◽  
Foreign Relations ◽  
Historical Context ◽  
The United States ◽  
Government Officials ◽  
Foreign Government ◽  
Domestic Courts ◽  
Domestic Jurisdiction ◽  
The Law

This book, The Restatement and Beyond, grapples with the most significant issues in contemporary U.S. foreign relations law. The chapters in this text respond to the recently published Fourth Restatement of the Foreign Relations Law. They review the context and assumptions on which that work relied, criticize that work for its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively, the essays in this book provide an authoritative study of the issues generating controversy today as those most likely to emerge in the coming decade. The book is organized in six parts. The first part provides a historical context for the law of foreign relations from the beginning of the twentieth century, when the United States first envisioned itself as a peer and competitor of the major European powers, to the present, when the United States, although a hegemon, faces deep unrest and uncertainty with respect to its position in the world. The next four parts look at contested issues in foreign relations law today, specifically the law of treaties, the role of domestic courts in interpreting and applying international law, the limits on domestic jurisdiction, and the law of immunity as to states, international organizations, and foreign government officials. The last part considers what this body of law might look like in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law’s development.

The Role of Popular Justice in U.S. History

2016 ◽  
Author(s):  
Elizabeth Dale
Keyword(s):  
United States ◽  
The United States ◽  
Constitutional History ◽  
Perceived Injustice ◽  
Popular Justice ◽  
History Of ◽  
State Actors ◽  
The Law

This essay argues that popular justice must be understood as an integral (and disturbing) part of the legal and constitutional history of the United States. To explore that idea, this essay examines popular justice as a process that occurs whenever people take the law into their own hands. Viewing popular justice as a process of judging and punishing tells us several key things about the concept. First, it suggests that while popular justice may be violent, it need not be; gossip may punish as effectively as tarring and feathering. Second, it implies that popular justice need not always be carried out by a collective; individuals can take the law into their own hands in defense of person or property, or to protest perceived injustice. Third, it reminds us that there is a constitutional aspect to popular justice: it is “popular” because it is carried out by non-state actors.

scholarly journals Herein Lies the Rub with Comparative Law Research – From an American Perspective

2021 ◽  
Vol 27 ◽  
pp. 105-134
Author(s):  
Emily Roscoe ◽  
Charles Szypszak
Keyword(s):  
United States ◽  
Comparative Law ◽  
Case Law ◽  
The United States ◽  
Language And Culture ◽  
American Perspective ◽  
The Law

The legal community in the United States has good reasons to be interested in the laws of other nations, but there are real barriers to finding and understanding comparative law. This article describes important differences in how law is envisioned in the United States: the pre-eminence of the adopted Constitution as the ultimate statement of rights and government powers, the interpretive role of judges in a unique federalist system, and the importance of case law in learning and talking about the law. This article also describes overarching obstacles that interfere with finding and reading comparative law: the influence of language and culture on formulating and carrying out research enquiries, and the increasingly bewildering array of interferences in accessing law authority and scholarship even when its existence is known.

The Role of Gender and Sensation Seeking in Film Choice

2008 ◽  
Vol 20 (3) ◽  
pp. 97-105 ◽  
Author(s):  
Smita C. Banerjee ◽  
Kathryn Greene ◽  
Marina Krcmar ◽  
Zhanna Bagdasarov ◽  
Dovile Ruginyte
Keyword(s):  
United States ◽  
Undergraduate Students ◽  
Sensation Seeking ◽  
Negative Mood ◽  
Positive Mood ◽  
The United States ◽  
High Arousal ◽  
Subject Design ◽  
Happy Mood

This study demonstrates the significance of individual difference factors, particularly gender and sensation seeking, in predicting media choice (examined through hypothetical descriptions of films that participants anticipated they would view). This study used a 2 (Positive mood/negative mood) × 2 (High arousal/low arousal) within-subject design with 544 undergraduate students recruited from a large northeastern university in the United States. Results showed that happy films and high arousal films were preferred over sad films and low-arousal films, respectively. In terms of gender differences, female viewers reported a greater preference than male viewers for happy-mood films. Also, male viewers reported a greater preference for high-arousal films compared to female viewers, and female viewers reported a greater preference for low-arousal films compared to male viewers. Finally, high sensation seekers reported a preference for high-arousal films. Implications for research design and importance of exploring media characteristics are discussed.

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