Is Law Unbounded? Property Rights and Control of Social Groupings

This review essay follows up on a suggested model for resolving problems of neighborhood externalities and exclusionary associational patterns in metropolitan areas. The model is based on a property rights regime of “alienable entitlements,” as articulated by Lee Anne Fennell in The Unbounded Home (2009). The essay frames this model as promoting a groundbreaking approach to the fundamental quandary over the role of law as a tool for broad-based social change and asks if legal rules can fully absorb the multiple types of societal effects that influence the nature of contemporary homeownership. It assesses the normative desirability and practical feasibility of controlling social exclusion through property rights.     

Prolonged Armed Conflict and Diminished Deference to the Military: Lessons from Israel

We examine whether the level of deference shown by the Israeli Supreme Court to military decisions has changed over time by empirically analyzing the entire body of Supreme Court decisions in petitions against the military commander between 1990 and 2005. Setting forth a number of different factors that might generally affect the degree of deference to state agencies, we hypothesized that there would be a decrease in deference in the relationship between the Court and the military commander during the examined period. Our findings show that deference to the military commander has indeed diminished significantly. We argue that this is best explained by the continuation of the armed conflict (and its aftermath, namely, the routinization and increase in the number of petitions by the civilian population) and also—to some extent—by the rise of a substantive rule-of-law legal consciousness, central to which is the importance of human rights.     

Cultural citizenship and performing homecoming: Russian Jewish immigrants decipher the Zionist national ethos

The paper explores the mutual relation between cultural citizenship and national homecoming. Using the case study of Russian-Jewish immigrants in Israel, it refines the theoretical debate over cultural citizenship by showing how homecoming migration shapes the homecomers' bargaining power over the local cultural tenets. In particular, the research examines the ways in which the ‘Russian’ immigrants negotiate the national ethos of homecoming that constitutes the Israeli civic, discursive field, while dismantling it into its root components: affinity to the place, collective memory, and the warrior ethos. Each of these components constitutes a sphere of action that embodies the tension between Israeliness and Jewishness, nationalism and citizenship, and the personal and the collective. Our main contention is that in the case of homecoming migration, the inextricable affinity between citizenship and nationalism shapes the homecomers' cultural citizenship: on the one hand, it secures their right to participate in the local cultural discourse and avails bargaining power, while on the other hand, it neutralizes the homecomers' subversive voice, and reduces their capacity to undermine the constitutive, national tenets. The analysis is based on immigration stories gathered via in-depth interviews that were conducted with 43 Jewish university students who immigrated to Israel from the former USSR in the beginning of the 1990s.     

Alcohol use among college students: Some competing hypotheses

This paper presents a longitudinal study of alcohol use among college students. Three hypothesized predictors of alcohol use are found to have an independent effect when the other predictors and prior drinking are held constant: the drinking context of the dormitory living group, informal social involvement in college, and lack of commitment to religious and academic values. These predictors are also related to the onset of drinking during the freshman year for those who entered college as abstainers. The pattern varies somewhat for males and females, with the dormitory contextual effect larger for females. Formal involvement in college activities and psychological stress have no independent effect on drinking. The results are discussed in relation to previous work on alcohol use.This research was supported in part by NIAAA Grant AA02863 and NIMH Grant MH28177 and Veterans Administration Research funds.Received Ph.D. in sociology from Stanford University in 1976. Current research interests include adolescent development, statistics, and environmental studies.Received Ph.D. in psychology from University of California, Berkeley, in 1960. Current research interests are personal and environmental influences on behavior.     

The clown's carnival in the hospital: a semiotic analysis of the medical clown's performance

The medical clown's multimodal performance in the hospital takes place within its rigid space. A clown in a hospital is a paradox. “Medical clowning” is a metaphor taken from two seemingly unrelated fields of meaning, juxtaposing what is medical, scientific, serious and logical with clowning, emotions, carnival spirit and humour. The clown addresses barriers erected by illness, pain, alienation and distress with a continuous flexible performance of humour and fantasy tailored to changing conditions and circumstances. A clown, by definition, threatens the public order and seemingly has no place in the hospital paradigm. The current article compares medical clowns to carnival clowns, examines the medical clown's flexible performance, illustrates it with case studies, presents a semiotic analysis of the clown's journey through the hospital and examines the significance of the performance on the ideological level.     

A model for disaggregating political change

We present a model for identifying the components of aggregate change in an electorate between two points in time. When the electorate is constant in size, change in the mean opinion disaggregates into two components: conversion among those who continue to participate in the electorate (Stayers), and replacement of those who drop out of the electorate at Time₁ (Dropouts) by Newcomers to the electorate at Time₂. We add to this simple formulation the possibility of variation in the size of the electorate. When an electorate expands, the model includes a mobilization term to accommodate the fact that there are more Newcomers at Time₂ than Dropouts at Time₁. When an electorate shrinks in size, the demobilization term reflects the fact that Newcomers as a group are smaller than Dropouts. The model includes appropriate weights for each component so that the change in opinion (or any other aggregate characteristic in the electorate) can be allocated across the three components. We apply the model to Iowa caucus attenders in both parties between 1984 and 1988, and we suggest that the model can be also productively applied to a variety of contexts besides nomination politics, where fluctuations in the size of electorates are significant.Ronald B. Rapoport. College of William and Mary.