The Paradoxes of Race, Class, Identity, and "Passing": Enforcing the Chinese Exclusion Acts, 1882-1910

In 1882, Congress passed the Chinese Exclusion Act, barring the entry into the United States of all Chinese laborers. This article explores the dilemmas and contradictions associated with the enforcement of this legislation, focusing on the early years during which the most glaring dilemmas were exposed. Drawing from congressional documents, as well as unpublished letters, memoranda, and circulars of immigration officials, I argue that the difficulties encountered by enforcement personnel, and the sometimes chaotic and inconsistent nature of enforcement, were related to paradoxes associated with prevailing assumptions about the nature of race, class, and identity more generally. I then document how these same paradoxes, and the techniques employed by inspectors to deal with them, ironically facilitated aspiring immigrants'resistance to the full force of the law. This case study, with its emphasis on the contradictions implicit in the law and the dialectical quality of enforcement and resistance, may contribute to OUR understanding of the law's fundamental indeterminacy. Finally, I suggest that the focus on the everyday dilemmas faced by frontline officials may tell us more about the ordinary life of the law and its indeterminacy than the heavily scrutinized landmark cases that constitute much of the literature.     

American Skin: The Duke Lacrosse Rape Scandal and the Intersection of Race,Class, Gender,and Injustice

The Duke lacrosse team rape case showcased how race and the criminal justice system can intersect in troubling ways. This is not news to students of the history of race in America. What makes this case unusual is white men were the ones who were mistreated by the police, prosecutor, media, and others, all of who used the rape allegations to further their cause rather than to seek justice. This book review essay examines three recent books that describe and analyze the Duke scandal.     

Integrating Critical Race Theory and Postmodernism Implications of Race, Class, and Gender

This paper begins with an overview of criticalrace theory tenets, which in turn will befollowed by an overview of postmodernism. These bodies of knowledge consist of an arrayof ideologies; but for the purpose of thisarticle only the fundamentals of each will bediscussed. Thereafter, an integration ofthese two contemporary areas of thought willdemonstrate the constructive linkage ofcritical race theory and postmodern theory. Theintegrations that follow will emphasize how acollaboration of critical race theory tenetsand postmodern thought can contribute to asuccessful, and more importantly improved,analysis of the social constructions of race,class, and gender. In addition, theintersectional analysis presented willdemonstrate a more informative and betterunderstanding of the subtleties of blatant andmore hidden forms of race, class, and gender.     

Laws of Inclusion and Exclusion: Nomos,Nationalism and the Other

This article explores how and why contemporary nationalist ‘defence leagues’ in Australia and the UK invoke fantasies of law. I argue these fantasies articulate with Carl Schmitt’s theory of ‘nomos’, which holds that law functions as a spatial order of reason that both produces and is produced by land qua the territory of the nation. To elucidate the ideological function of law for defence leagues, I outline a theory of law as it relates to (political) subjectivity. Drawing on the work of Foucault, Agamben and Brown, I demonstrate how subjects form and are formed by historically contingent relationships to law in the contemporary neo-liberal moment. Turning to Lacan, I show how nationalistic invocations of law provide nationalists with a fantasy that the nation’s law represents them and holds them together (as the nation itself). Similarly, I argue that nationalists imagine that the other has their own law as well, which not only corresponds to the other, but functions as a legible index of the other’s otherness—a metonym for the threatening uncertainty and radical difference that the other represents. Drawing on Lacan’s concept of the big Other, I ultimately argue that nationalists aggressively (re)assert law not only to defend the nation, but to ensure their own symbolic and ontological security therein.

     

Young Adult Offending: Intersectionality of Gender and Race

It is an accepted criminological fact that gender and race affect involvement in crime. What has been examined less frequently is the effect of intersectionality of gender and race across the early life course. This research uses Delinquency in a Birth Cohort II: Philadelphia, 1958 to examine the longer term effects on crime of intersectionality during the adolescent and young adult portions of the life course. Findings indicate that intersectionality of gender and race is fundamental for young adults. It is argued that multiracial feminism can best explain why intersectionality must be taken into consideration when looking at offending across the early life course.     

美国知识产权担保变现的法律与实践

由《动产担保法》和相关知识产权判例规则组成的美国知识产权担保变现制度在保障债权人利益的同时。也注重保护债务人对知识产权价值的进一步利用。在实务中。美国通过多样的知识产权变现途径,如公开拍卖和网络交易的新型交易模式,来确保知识产权担保品的未来收益能够更快和最大化地实现。我国知识产权质押贷款中变现知识产权担保品一直是困扰理论和实务部门的难题之一,美国的法律与实践提示我们,知识产权的特性决定了它的担保变现不同于一般的担保品,必须关注知识产权担保品的未来变现收益,在确保被担保知识产权的价值发挥和拓展知识产权担保变现的途径方面应当引起重视。     

Split Sentencing in Florida: Race/Ethnicity,Gender, Age,and the Mitigation of Prison Sentence Length

American Journal of Criminal Justice - Corresponding with the theoretical expectations of the causal attributions and focal concerns perspectives, a vast body of sentencing literature has shown...     

性、阶级和狂欢化:《朱丽小姐》的新阐释

巴赫金在他的拉伯雷研究中将狂欢化用作一种批评方法和视角,奠定了文学批评的狂欢化诗学体系.狂欢化理论为我们重新理解和认识斯特林堡笔下的朱丽小姐提供了一个有益的新视角.在朱丽小姐堕落的过程中,狂欢的氛围和情绪起到了很大的作用.在这个戏剧里,狂欢暂时颠覆了正常的阶级和性别关系,但是却不能够完全改变人们固有的观念和思想,狂欢前后两种生活形态的冲突是造成朱丽小姐悲剧的根源.     

Putting Race and Gender Together: A New Approach To Intersectionality

European anti-discrimination legislation explicitly calls for member states to consider a legal response to multiple discrimination, either additive (arising from many grounds) or intersectional (a result of an interaction of grounds). In traditional Anglo-American anti-discrimination frameworks the structure of separate statutes forces complainants to choose one ground or another. In Britain, cases such as Nwoke v Government Legal Service indicate a judicial willingness to recognise additive discrimination, while cases such as Bahl highlight the difficulties of dealing with intersectionality. This article suggests that to overcome current difficulties with intersectional discrimination, first the qualitative difference of intersectional claims must be clarified; secondly, the logic of immutability underlying grounds must be replaced by one which accommodates intersectionality; and thirdly, a method is required which enables courts systematically to incorporate social context into judicial decision-making. With these three changes, the qualitative difference of intersectionality can be both understood and activated in the courts.     

The Race to Punish in American Schools: Class and Race Predictors of Punitive School-Crime Control

Despite the general agreement that US schools have become increasingly punitive since the 1980s, researchers are uncertain about what types of schools use tough-on-crime measures. Some assert that punitive control is concentrated in poor, predominantly ethnic minority schools. Governing-through-crime scholars argue that US schools with mostly middle-class and white students are also punitive, but in less harsh ways using soft surveillance techniques. Relying on data from large, stratified samples of middle and secondary US public schools, we found that high rates of ethnic minority enrollment predicted heavy reliance on law enforcement and security personnel. As rates of student poverty increased, use of soft surveillance techniques as well as reporting students to the police significantly increased. Implications for governing-through-crime, racial control, and reproduction of inequalities theories are discussed.     

Nation as Partnership: Law, "Race," and Gender in Aotearoa New Zealand's Treaty Settlements

This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as “structural adjustment,” or Reaganomics in the United States, which was intended to produce a competitive nation of individual entrepreneurs. It argues that analysis of the interrelationships of law, “race,” gender, and nation in this convergence illuminates the reproduction and reshaping of colonial tropes, or historical racial configurations produced through colonization, in these current trends. In Aotearoa New Zealand, claims by indigenous Maori activists for self‐determination and redress of historical injustices spurred the emergence of alternative imagined communities with the potential to transform the nation. These alternative visions for the nation were shaped and limited by the economic law and policy reform of structural adjustment, producing a new official nationalism of partnership, implemented in settlements of breaches of the Treaty of Waitangi 1840. These partnerships resulted in a new individual identity of Maori men as entrepreneurs in a competitive nation. It produced a symbolic alliance of men across race that silenced and erased Maori activists' demands, and the leadership of Maori women, at the national level. The high profile partnerships, the erasure of Maori women, and relentless media attention to claims of sexism in Maori culture reproduced colonial tropes with images of the “progress” of the partnerships “saving” brown women from the sexism of brown men and “traditional” cultures. In this complex process the settlements were rational exercises of agency by the new Maori entrepreneurs with the goal of achieving economic autonomy, and worked to silence and erase the leadership of Maori women at the national level, even while women continued to be recognized as leaders at the local and regional levels. This analysis suggests that realization of the transformative potential of claims for redress of historical racial injustices requires attention to the repetition of raced and gendered dynamics of imagined communities that shape and limit that potential.     

Differences in the Validity of Self-Reported Drug Use Across Five Factors: Gender,Race, Age,Type of Drug,and Offense Seriousness

This study expands our knowledge about the validity of self-reported drug use by examining how gender, race, age, type of drug, and offense seriousness interact to affect the validity of self-reported drug use. This study also provides a conceptual framework that can be used to examine the validity of self-reported drug use. Differences in the validity of self-reported drug use are explained by examining differences in underreporting and overreporting. Differences in underreporting and overreporting are then further examined while controlling for differences in base rates of drug use. As shown, whether one controls for base rates of use may drastically affect estimates of underreporting and overreporting. By using hierarchical loglinear, logit, and logistic regression models with the Drug Use Forecasting data, we show that Black offenders provide less accurate self-reports than White offenders. Black offenders do so because they are more likely to underreport crack/cocaine use than White offenders. This difference, however, disappears once differences in base rates are controlled. A Black offender who tests positive is not more likely to underreport crack/cocaine use than a White offender who tests positive. Black offenders are also more likely to overreport both marijuana and crack/cocaine use relative to White offenders. Contrary to the first, this difference is not attributable to a difference in base rates. Methodological and substantive implications of this distinction are discussed. No differences across gender, age, or offense seriousness were found.

Unsuitable Suitors: Anti-Miscegenation Laws, Naturalization Laws, and the Construction of Asian Identities

In this article, I use state-level anti-miscegenation legislation to examine how Asian ethnic groups became categorized within the American racial system in the period between the Civil War and the civil rights movement of the 1960s. I show how the labels used to describe Asian ethnic groups at the state level reflected and were constrained by national-level debates regarding the groups eligible for U.S. citizenship. My main point is that Asian ethnic groups originally were viewed as legally distinct—racially and ethnically, and that members of these groups recognized and used these distinctions to seek social rights and privileges. The construction of "Asian" as a social category resulted primarily from congressional legislation and judicial rulings that linked immigration with naturalization regulations. Anti-miscegenation laws further contributed to the social exclusion of those of Asian ancestry by grouping together U.S.-born and foreign-born Asians.     

Preferential Selection Independent of Race and Gender: Effects on Self-Evaluations and Newcomer Information-Seeking Behaviors

The current study investigated the effects of an experimentally imposed program of preferential selection on beneficiary self-evaluations and newcomer information-seeking behavior. One hundred-twenty undergraduates were randomly assigned to a classification condition (in which they were informed that they tended to think in either an analytical or abstract manner) and collaborated on a task in groups of three. A fourth participant was introduced into each of these 40 extant groups under either a condition of preferential selection or not. Preferentially selected newcomers were shown to have more positive self-evaluations than their nonpreferentially selected counterparts. The presence or absence of a similar (in terms of thinking style) incumbent moderated the effect of being preferentially selected on the use of specific information-seeking behaviors.     

Mrs. John Marshall Harlan's Memories: Hierarchies of Gender and Race in the Household and the Polity

While legal papers and case decisions have been the traditional focus of judicial biography, the family papers of Justice John Marshall Harlan the Elder demonstrate the importance for understanding a judge's conception of the polity of shifting our sights to the household. Historians of the 19th century have overestimated the distance between the private and the public spheres. The memoirs of Harlan's wife Malvina offer us unparalleled, and hitherto neglected, testimony. Her depiction of the antebellum Harlan household shows its two hierarchies based on assumptions of fundamental differences—those of gender and of race—and both positing a benevolent white male paternalist at their apex. Malvina Harlan's memoirs indicate the lifelong persistence of this paternalism in her own relationship with Justice Harlan and in his relationship with a black servant. These patterns of hierachy, separation, and mutual devotion were essential to Harlan's understanding of his family identity and personal duty. His famous dissents in favor of black civil rights protections and his lapses from his color-blind rule have their roots in this paternalism even as Harlan came to embrace the racial egalitarianism of the Civil War amendments.     

让法律对社会性别做出回应:东亚和东南亚面临的发展挑战

一　引　言(一)为什么法律需要具有性别敏感度?在促进妇女赋权与性别平等和促进实现人权这两个全球运动汇聚之际,让法律具有性别敏感度既是我们的迫切需要也是我们面临的挑战。联合国前秘书长B B 加里明确阐释了社会性别与人权的关系:“在里约、维也纳、开罗和哥本哈根,历次会议均强调与提升妇女地位相关的那些重要议题。每一次全球会议都明确承认妇女在可持续发展与保护环境中的重要角色;承认妇女的人权是普遍人权不可分割和不可剥夺的组成部分;承认对妇女的暴力是不能容忍的对这些权利的侵犯;承认健康、分娩保健、计划生育门诊设施、接受…