| FOOD FOR THOUGHT
US-Mexico Wall:
- At the Border: What Tres Mujeres Tell Us About Walls and Fences
This is a paper from the Journal of Gender, Race & Justice by M. Isabel Medina, Loyola University New Orleans - School of Law. From the abstract: Current regulation of the border between the United States and Mexico emphasizes the international border. Congressional policy reflects a view of the United States and Mexico as countries that are historically and culturally separate and distinct. Under this view, any traffic across the border is scrutinized, limited and prohibited. . . . This view ignores the stark reality of life in the border area; communities along both sides of the border may have more in common with each other than with their respective neighbors in the interior. . . . Through the use of personal narratives I suggest that recognition and treatment of the border area as a unified whole would inure benefits to both countries in enhancing the life of its residents and environments, as well as the national security of both nations.
- Outsiders Looking in: The American Legal Discourse of Exclusion
This paper is by Luis E. Chiesa, Pace University School of Law. From the abstract: This article examines and critiques the American government's use of discourses of exclusion during times of crisis to legitimate the adoption of measures that target certain groups of people primarily on the basis of their status as members of a particular class. . . Part I discusses . . . why discourses of exclusion seem to lie at the heart of social contract theories of the State. . . . Part II briefly recounts several instances in which the government of the United States has placed unfair burdens on some groups of people in order to guarantee the safety of the rest of the population. . . . Part III suggests that target certain groups of people is constitutionally suspect. . . Part IV examines and critiques the recent enactment of a statute that authorizes the construction of a wall along the U.S.-Mexico border.
- In Democracy's Shadow: Fences, Raids and the Production of Migrant Illegality
This article is from Stanford Journal of Civil Rights and Civil Liberties, by Daniel Ibsen Morales, University of Wisconsin Law School. From the abstract:
Why is the United States building a border fence and raiding workplaces? How has it come to harbor 12 million people without legal status? This article proposes that we can understand these phenomena as the product of a legal culture which privileges the desires and perspective of the demos over nearly every other value. . . . the fence prevails as policy because it confirms and assuages the polity's fear of racial invasion; that it does little to prevent undocumented migration is irrelevant. . . explores the way in which courts maintain the narrative of the United States as an open-armed refuge, while managing the radical potential of the Fourteenth Amendment's birthright citizenship provision.
- Fantasy and Fetishes as Gap-Fillers When Deterrence and Death Mitigation Fall Short in Border Regulation
This is an article from the Law and Society Review, by Mary D. Fan,
American University Washington College of Law. From the abstract:
Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to border regulation concerns. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. . . .
- Fencing Off the Eagle and the Condor: Border Politics and Indigenous Peoples
This article is from the ABA Section of Environment, Energy and Resources: Natural Resources & Environment, by Angelique EagleWoman, University of Idaho - College of Law. From the abstract: The symbol for North American indigenous peoples has been the eagle, while the condor has stood for those from Central and South America. In the reclaiming of tribal sovereignty since the 1970s, the indigenous peoples of the Western Hemisphere have reunited to strengthen their relations. This has been especially significant in light of the recent plans of the U.S. to build a border wall along the southern border with Mexico. The UN Declaration on the Rights of Indigenous Peoples (2007) provides that countries consult and cooperate with indigenous peoples to maintain the right to continue relations with their own members as well as with other indigenous peoples across borders.
- Texas/Mexico Border Wall Briefing Papers
From The Rappaport Center for Human Rights at the University of Texas comes this collection of briefing papers that wassubmitted to the Inter-American Commission on Human Rights alleging that the Texas/Mexico Border Wall violates human rights. Included are:- Obstructing Human Rights: The Texas-Mexico Border Wall: Background and Context
- Violations on the Part of the United States Government of the Right to Property and Non-Discrimination Held by Residents of the Texas Rio Grande Valley
- An Analysis of Demographic Disparities Associated with the Proposed U.S.-Mexico Border Fence in Cameron County, Texas
- The Environmental Impacts of the Border Wall Between Texas and Mexico
- Violations on the Part of the United States Government of Indigenous Rights Held by Members of the Lipan Apache, Kickapoo, and Ysleta del Sur Tigua Peoples of the Texas-Mexico Border
Israel/Palestine Wall:
- An Appraisal of the Rules of Treaty Interpretation in the ICJ Wall Opinion
This is an article by Ademola Oladimeji Okeowo, University of Groningen, The Netherlands. From the abstract: The goal of this very short treatise is to introduce the rules of treaty interpretation as enshrined under 1969 Vienna Convention on the Law of Treaties, their application particularly to the ICJ Wall Opinion and possible lessons therefrom.
- Head Against the Wall? Israel's Rejection of the Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territories
This article is from the Yearbook of International Humanitarian Law, by Yuval Shany, Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology. From the abstract: The author argues that the HCJ decision in Beit Sourik, upon which the state relies in Alian, shares some of the deficiencies of the ICJ advisory opinion and criticise the state's unwillingness to present a coherent legal theory on certain important aspects affecting the legality of the barrier and argue that this omission leaves in place regrettable legal ambiguities, which unduly complicate the legal situation in the Occupied Territories.
Private Property:
- The Enclosure of America
This is a Illinois Public Law Research Paper by Eric T. Freyfogle,
University of Illinois College of Law. From the abstract: Legal memory in the United States has largely forgotten that most of America's landscape was open to public use well into the nineteenth century. Up until the Civil War and even after, landowners in many regions could exclude the public only from lands that they took the time and expense either to fence or cultivate. . . . This paper explores the range of public uses of lands in early America. It considers how and why enclosure occurred and why historians and legal scholars have largely overlooked this chapter in American history.
Walls as Protest: Graffiti and Murals:
- Talking Walls: The Iconography of Tepoztecan Resistance
This paper is by Albert L. Wahrhaftig, Department of Anthropology, Sonoma State University. This paper treats one of the many ways in which a Mexican pueblo's identity was (and continues to be) depicted and communicated by visual means, namely through mural art. Illustrated.
Symbolism, Murals, and the (Re)Production of Ideology in Northern Ireland
This paper by Michelle Calka, School of Communication Studies, Ohio University, explores a brief history of "the troubles" in Northern Ireland, the history of symbols and murals in Northern Ireland, and how symbols function as tools of identity construction. Specifically, this paper focuses on community murals as a unique aspect of the conflict in Northern Ireland. (2007)
Urban Graffiti on the City Landscape
This paper is by by Alex Alonso, Department of Geography, University of Southern California. From the abstract: An analysis of graffiti on the urban environment can serve as an excellent tool in understanding behavior, attitudes and social processes of certain segments of society. The thematic content of graffiti can provide valuable information on these groups that are not often in public view in the urban environment. Subcultures in our society that have gone against the normative values that the dominant culture has laid out have been overshadowed by the practices of popular culture. (1998)
Wall of Separation between Church and State:
- The Myth of Separation: America's Historical Experience with Church And State
This is a paper from the Hofstra Law Review by Patrick M. Garry,
University of South Dakota - School of Law. From the abstract: This article examines the historical experience of the First Amendment's Establishment Clause. . . . In modern First Amendment doctrines, the single most influential concept regarding relations between church and state is Thomas Jefferson's wall of separation metaphor. The author contends that the misapplication of Jefferson's metaphor has led the Courts to create a confusing maze of case law restricting public expressions of religious belief, exactly contrary to the Framers' intent. He asserts that to the extent that the First Amendment requires separation, it does so as a way of preventing government intrusion on personal and institutional religious autonomy. The constitutional intent behind separation was as a means of protecting religion, not the secular state.
- How Secularists Helped Knock Down the Wall of Separation between Church and State
This article is from San Diego Legal Studies, by Steven Douglas Smith,
University of San Diego School of Law. From the abstract:
An increasingly common view maintains that the legendary wall of separation between church and state has fallen into a state of serious disrepair. There is also a widely voiced opinion about who deserves the blame, or the credit, for this development: the people ostensibly responsible for the wall's decline are religious conservatives, working through and upon the Republican Party and Republican appointees to the federal bench. . . . It would be more accurate, ultimately, to attribute the declining fortunes of the wall - and the principle of separation - to secularists and secular influences (in a modern sense of the term) than to religion.
- Of Historiography and Constitutional Principle: Jefferson's Reply to the Danbury Baptists
This article is from the Journal of Church and State by Ian C. Bartrum,
Yale Law School. From the abstract: This article examines the ways that the Supreme Court has used Thomas Jefferson's letter to the Danbury Baptists ("a wall of separation between church and state") as a rhetorical symbol . . . . professional historians have largely tailored their arguments to match the Supreme Court's ideological divide.
- Pluralism, Dialogue, and Freedom: Professor Robert Rodes and the Church-State Nexus
This paper is from The Journal of Law and Religion, by Richard W. Garnett,
Notre Dame Law School. From the abstract: This essay is an appreciation, interpretation, and application of Professor Rodes's church-state work. In particular, it contrasts the church-state nexus that he has explored and explained with Jefferson's misleading but influential wall metaphor.
- Building an Ideological Fortress: The Role of Spirituality, Encapsulation, and Sensemaking
This is an article from Bureau of Economics & Business Research by
Michael G. Pratt, University of Illinois at Urbana-Champaign - Department of Business Administration. From the abstract: An ethnography explores the role of religious values and beliefs in building an "ideological fortress": a worldview that is seemingly impervious to attack. Specifically, this study develops the metaphor of an ideological fortress and how spirituality serves as "bricks," "wall," and "mortar" in that fortress. Used in these ways, religious values and beliefs facilitate member sensemaking by helping to socially encapsulate members, and by patching up inconsistencies within the ideology (i.e., "ideological holes"). Implications for the role of spirituality in organizational sensemaking and control are discussed.
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