Hijacking Law

This essay considers the legal strategies of comparative communities in South Asian, Middle Eastern, and US history. What does it mean for a particular group to “hijack” a body of law, taking everyone on board to an unwanted destination? The piece compares the legal strategies of the Parsi community in colonial and postcolonial India to those of the German Jewish yekke population in mandate Palestine and early independent Israel, the women's movement in India in recent decades, and Protestants in contemporary America before the 2015 Obergefell decision legalizing same‐sex marriage. There are multiple ways of trying to take control of a body of law, and for multiple reasons. A group may capture a body of personal law to perpetuate its own values within the group. It may try to control a territorial legal system to impose its values on the entire population. It may work across bodies of personal law to obtain as uniform a result as possible—as if the system were a unified field, not a segmented one. Or its group members may make available their legal expertise to shore up a newly independent state's legal system. The essay suggests that taking control of a body of law does not necessarily mean hijacking it.     

The reservation wages of Social Security Disability Insurance beneficiaries

There exists a lot of research on the reservation wages of the unemployed as a determinant of unemployment duration. Little is known about the reservation wages of those who are not in the labor force but might be potential labor force returnees, such as Social Security Disability Insurance (DI) beneficiaries. The main objective of this article is to assess what can be learned from the subjective reservation wages of DI beneficiaries. Using the New Beneficiary Data System (NBDS), the article assesses the magnitudes of reservation wages compared to the last wage earned and the benefit amount, as well as the determinants of reservation wages in a regression framework. The NBDS is unique in that it provides the reservation wages and the work history of DI beneficiaries before and after joining the DI rolls. The article has several noteworthy results and policy implications: *Data show that a significant portion of beneficiaries report being likely to accept a job if offered one. Based on the NBDS, 13 percent of DI beneficiaries who did not work since joining the rolls in 1981-1982 reported in 1991 that they would be willing to work if offered a job and provided their reservation wages. *DI beneficiaries do not appear to price themselves out of the labor market. Half of them would want a wage that is 80 percent or less of the last wage earned before receiving DI. It is estimated that approximately 7 percent of long-term DI beneficiaries may potentially return-to-work if they search for jobs and have a wage offer distribution with a mean at 80 percent of their last wage. *The nonlabor income in addition to the benefit is positively and significantly associated with the reservation wage, while the benefit amount per se is not. However, this result needs to be treated with caution given that nonlabor income is endogenous to the model. *Heterogeneity exists between persons still under the DI program and those that have moved to the Old-Age program. The subsamples of persons who have shifted to the Old-Age program and those who are still under the DI program have median reservation wage to the last wage ratios of 0.69 and 0.93, respectively. A significantly lower reservation wage for persons who have moved to the Old-Age program was also found in a regression framework. This heterogeneity between the two groups may result in part from the different program characteristics both groups face, for instance, in terms of benefit termination and Medicare eligibility rules. *Subjective reservation wage data can be useful to study populations that are out of the labor force. This article is innovative in that it focuses on a group of persons who are typically considered as being out of the labor force, and therefore are not asked reservation wages in general household surveys such as the Current Population Survey. It would be of great interest to collect more reservation wage data for DI beneficiaries in a longitudinal data set to expand this analysis, for instance, to assess conclusively the effects of changing program characteristics on reservation wages and return-to-work outcomes as beneficiaries transition to the Old-Age program or as new return-to-work programs are put in place.     

living a body myth,performing a body reality: reclaiming the corporeality and sexuality of the Indian female dancer

This paper investigates the dilemma that has been projected upon Indian female dancers' bodies by contemporary Indian audiences when female desire occupies the centrality of a performance and projects the female body as sexual, articulate and independent of the discipline and propriety of classicism. Locating this dilemma in the nationalist construction of Indian womanhood and femininity as ‘chaste’, this paper adopts Victor Turner's notions of liminal and liminoid phenomenon and Brechtian defamiliarization technique as a feminist strategy to construct a framework within which the contemporary Indian dancer can reclaim her sexuality in performance. To investigate the complex nationalist trope of chaste Indian womanhood, and to analyse the subversion of this trope by placing agency on the female body as sexual, I locate my argument in the discussion of The Silk Route: Memory of a Journey by Kinaetma Theatre, UK, which was performed in Kolkata in August 2004.