Truth and Consequences: Law,Myth and Metaphor in American Indian Contested Adoption

This article considers the effects of the operations of myth and metaphor on law through a comparison of a United States Supreme Court decision and a novel that deal with the contested trans-racial adoption of an American Indian child. It argues that the United States founding myth of Manifest Destiny—of the divinely ordained fate of the continent to host a (white) Christian state—is determinative of the way in which legal decisions regarding American Indians are made. The myth of Manifest Destiny contains a metaphor of vanished American Indians, such that contemporary American Indians are rendered nearly invisible and whose existence is not easily absorbed into the working of the American legal system. The American Indian Child Welfare Act provides protections against assimilation for indigenous families and community, thus working at cross-purposes to the ultimate aim of Manifest Destiny. What happens in those instances when legal provisions and interpretation run counter to Manifest Destiny? Through the consideration of the situation of a contested adoption, this article reveals the heavy influence of Manifest Destiny in the Supreme Court decision, which is counter to the vision of a pluralistic culture envisioned in both the novel and the Indian Child Welfare Act (ICWA) itself. The consequences of legal resistance to ICWA for American Indian communities and as to the operation of the legal system itself are discussed.     

Negotiating Refugee Empowerment(s) in Resettlement Organizations

In-depth interviews with both organizational staff and refugee clients in two American refugee resettlement organizations explore how empowerment is communicated to and understood by refugees being “empowered.” This study found that while organizational staff professed empowerment focused on self-sufficiency as self-determination, in practice their communication to clients defined self-sufficiency a priori in economic terms. Refugee clients instead constructed empowerment(s) in economic, educational, personal, and family terms. These findings highlight the need for changes in U.S. resettlement policy and for theoretical and practical understandings of refugee empowerment to recognize polysemic and conflicting empowerments in different life arenas and from different positionalities.     

The Adaptive Capacity of Markets and Convergence in Law: UK High Yield Issuers,US Investors and Insolvency Law

This article examines the increasing access by UK issuers of high yield bonds to US investors notwithstanding substantive differences in the approach to valuation of the issuer in financial distress in US and UK restructuring law and, therefore, in anticipated return on default. It examines the development of the market in the context of existing theories on the relationship between law and finance and suggests that previous accounts have overlooked the adaptive capacity of the finance market to legal environment and the implications of such structural adaptation for the prospects of convergence in law. Three states are identified: where the market is poorly adapted to the legal environment and reinforces other pressure for change, where the market is adapted to the legal environment and is a neutral influence on, or even dampens, other pressure for change and where both legacy and adapted structures exist, potentially pulling in different directions at the same time.     

Growing up in the culture of slenderness: Girls'' experiences of body dissatisfaction

This paper reports two group-interviews of young women aged 8 and 13 years. These young women were dissatisfied with their bodies and described ideal figures that matched the slim adult ideal. The younger girls were not dieting but were involved in helping their parents to diet. Adolescents had avoided “fattening” foods and would be concerned if they put on half a stone in weight. Eating (particularly sweet food) was used as a means of comfort and to relieve boredom by young women in both age groups. Results are similar to those of Nickie Charles and Marion Kerr (1986) who interviewed adult women. It is concluded that children as young as 8 years give accounts of body dissatisfaction that are similar to those of adult women, and that suggest acceptance of the slim adult ideal. Implications are discussed in relation to cultural influences on young women that encourage objectification and criticism of the body.