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University of Minnesota
1.
Liao, Wenjie.
Remembering The Faces Of Law: Collective Memories And Legal Consciousness In Transitional China.
Degree: PhD, Sociology, 2015, University of Minnesota
URL: http://hdl.handle.net/11299/175234 
► Abstract Using a social survey of 556 individuals, my dissertation examines how Chinese urban residents remember the past and how they think of and act…
(more)
▼ Abstract Using a social survey of 556 individuals, my dissertation examines how Chinese urban residents remember the past and how they think of and act toward current laws. By linking Chinese people's different understandings of law with larger cultural themes, this project provides socio-legal scholars with the theoretical tool to articulate the complex cultural environments in which people experience, think about, and act toward law. In addition, the findings also suggest that it is fruitful to deconstruct the concept of law based on the social relations it seeks to regulate. Finally, my dissertation further expands collective memory research by revising theories on cohort formation and connecting memories of the past to attitudes toward present laws. In my first empirical chapter, I treat collective memories of the past as a core component of culture, situating the study of law in specific historical and cultural context. My survey results show that memories most influential in shaping people's understanding of law and the state are those that resonate with nationalist sentiments. This applies especially to memories of resistance against foreign invaders. Memories of these events contribute to people's support for laws that strengthen centralized state power. The next two chapters examine how people's perception of law's legitimacy is associated with their tendency to obey the law and mobilize it for dispute resolution. My research reveals that Chinese people's ideas of and potential behaviors toward law vary across different social relations. Specifically, family laws are considered to be much more legitimate than laws that regulate state-citizen relations or economic transactions. This difference in the perceptions of law translates into varying tendencies to report compliance or mobilization of the different types of laws. While the perception of law's legitimacy is positively associated with tendencies to obey and use the law, this is true to a much greater degree for family laws than for other types of law. Interestingly, people report that they are least likely to litigate for conflict within the family, despite the high level of legitimacy they attribute to laws in this social sphere. These chapters also report on how legal ideas and potential behaviors vary across respondents. These findings have implications for policy makers and activists who seek to change the legal system in China. On the one hand, reformers could repurpose these existing cultural themes to promote the legitimacy of their causes. On the other hand, the authoritarian state of China very shrewdly co-opted these discursive resources as well. The Chinese government has invested considerable resources in establishing its image as a rising super power and thus taps into the increasing national pride among Chinese citizens. To counter such nationalistic narratives could thus be the mission of activists and social reformers. Methodologically, my dissertation borrows from the culturalist tradition in collective memories study. Bearing in mind…
Subjects/Keywords: China; Collective Memories; Law & Society; Legal Compliance; Legal Mobilization; Legitimacy
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APA (6th Edition):
Liao, W. (2015). Remembering The Faces Of Law: Collective Memories And Legal Consciousness In Transitional China. (Doctoral Dissertation). University of Minnesota. Retrieved from http://hdl.handle.net/11299/175234
Chicago Manual of Style (16th Edition):
Liao, Wenjie. “Remembering The Faces Of Law: Collective Memories And Legal Consciousness In Transitional China.” 2015. Doctoral Dissertation, University of Minnesota. Accessed March 07, 2021.
http://hdl.handle.net/11299/175234.
MLA Handbook (7th Edition):
Liao, Wenjie. “Remembering The Faces Of Law: Collective Memories And Legal Consciousness In Transitional China.” 2015. Web. 07 Mar 2021.
Vancouver:
Liao W. Remembering The Faces Of Law: Collective Memories And Legal Consciousness In Transitional China. [Internet] [Doctoral dissertation]. University of Minnesota; 2015. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/11299/175234.
Council of Science Editors:
Liao W. Remembering The Faces Of Law: Collective Memories And Legal Consciousness In Transitional China. [Doctoral Dissertation]. University of Minnesota; 2015. Available from: http://hdl.handle.net/11299/175234
Northeastern University
2.
Silva, Fabio.
Lawyers and governance in a globalizing world: narratives of "Public Interest Law" across the Americas.
Degree: PhD, School of Public Policy and Urban Affairs, 2012, Northeastern University
URL: http://hdl.handle.net/2047/d20002743
► The reinvigoration of "rule of law" and "legal reform" campaigns in transitional and developing countries is often shown as compelling evidence that democratic systems of…
(more)
▼ The reinvigoration of "rule of law" and "legal reform" campaigns in transitional and developing countries is often shown as compelling evidence that democratic systems of governance will increasingly rely on the mediation of legal professionals. Drawing from several strains of social theory,-with a special emphasis on the sociology of professions and moderate versions of new institutionalism-as well as from a comparative and international research enterprise involving the U.S. and Latin America, this dissertation examines and contrasts specific manifestations of this story of (or aspiration about) lawyers' participation in structures of governance. The focus is on the institutionalization across the Americas of a style of legal practice that is often seen in the U.S. context as an expression of the alleged potency of law and lawyers in democratizing systems of governance: "public interest law". Considering "styles", "kinds" or "sectors" of legal practice as amalgams of "labels", "practices", and "meanings", this research has encountered differences in the ways U.S. and L.A. lawyers have structured "public interest law", while also unveiling factors driving such differentiation in the rich histories of professional and political development in the studied contexts. The findings speak to a variety of theories about institutional development in times of globalization, such as theories of convergence, institutional isomorphism, and field constitution.
Subjects/Keywords: Globalization; Governance; Lawyers; Legal mobilization; Legal profession; Public interest law; Law and Society; Legal History, Theory and Process; Legal Studies
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APA (6th Edition):
Silva, F. (2012). Lawyers and governance in a globalizing world: narratives of "Public Interest Law" across the Americas. (Doctoral Dissertation). Northeastern University. Retrieved from http://hdl.handle.net/2047/d20002743
Chicago Manual of Style (16th Edition):
Silva, Fabio. “Lawyers and governance in a globalizing world: narratives of "Public Interest Law" across the Americas.” 2012. Doctoral Dissertation, Northeastern University. Accessed March 07, 2021.
http://hdl.handle.net/2047/d20002743.
MLA Handbook (7th Edition):
Silva, Fabio. “Lawyers and governance in a globalizing world: narratives of "Public Interest Law" across the Americas.” 2012. Web. 07 Mar 2021.
Vancouver:
Silva F. Lawyers and governance in a globalizing world: narratives of "Public Interest Law" across the Americas. [Internet] [Doctoral dissertation]. Northeastern University; 2012. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2047/d20002743.
Council of Science Editors:
Silva F. Lawyers and governance in a globalizing world: narratives of "Public Interest Law" across the Americas. [Doctoral Dissertation]. Northeastern University; 2012. Available from: http://hdl.handle.net/2047/d20002743
Princeton University
3.
Munir, Muhammad Daud.
Legal Mobilization and Effectiveness of Courts in Post-Colonial States
.
Degree: PhD, 2016, Princeton University
URL: http://arks.princeton.edu/ark:/88435/dsp016q182n624
► Most countries in the contemporary world have written constitutions which contain a charter of rights and express provisions enabling constitutional review by courts. In post-colonial…
(more)
▼ Most countries in the contemporary world have written constitutions which contain a charter of rights and express provisions enabling constitutional review by courts. In post-colonial countries, where
legal systems were established de novo relatively recently, courts have generally failed at upholding the rule of law. Only a handful of courts have held political elites accountable for abuse of power. Still others have aligned with political elites and assisted in the closure of political space for less powerful interests.
What explains this variation in the effectiveness of courts in post-colonial states? Based on a comparative analysis of high courts in Pakistan, Turkey and Egypt, I argue that the basis of power of effective courts is primarily located in constituencies of support in society, in spheres that lie beyond the influence of elites. The initial support for judicial power does come from elites, who establish courts and influence them for the protection of their privileges. Courts will continue to perform this function, unless they have access to an alternative source of power, which is to be found in public support. When effective, societal support may countervail the influence power elites have over courts. High courts in Pakistan and Egypt have at various times been effective, based on such societal support. The Turkish judiciary, by contrast, does not have a similar constituency in the public, and has instead supported the interests of political elites.
Societal support for judicial empowerment, I argue, can be effectively constructed through
legal mobilization, defined as the publically faced activities of the
legal profession. A precondition for effective
legal mobilization is the embeddedness of the profession in society and politics, which, in postcolonial settings, depends on the nature of the political context during the formative years of the profession’s development. Through comparative historical analysis, I show how the leading role of the profession in decolonization contributed to embeddedness in Pakistan and Egypt. By contrast, the Turkish profession was on the receiving end of a restructuration process initiated by powerful military and bureaucratic state elites. Further,
mobilization potential also depends on professional autonomy and on the nature of the public sphere.
Advisors/Committee Members: Jamal, Amaney (advisor), Kohli, Atul (advisor).
Subjects/Keywords: Constitutionalism;
Judicial Effectiveness;
Legal Mobilization;
Legal Profession;
Postcolonial States;
Rule of Law
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APA (6th Edition):
Munir, M. D. (2016). Legal Mobilization and Effectiveness of Courts in Post-Colonial States
. (Doctoral Dissertation). Princeton University. Retrieved from http://arks.princeton.edu/ark:/88435/dsp016q182n624
Chicago Manual of Style (16th Edition):
Munir, Muhammad Daud. “Legal Mobilization and Effectiveness of Courts in Post-Colonial States
.” 2016. Doctoral Dissertation, Princeton University. Accessed March 07, 2021.
http://arks.princeton.edu/ark:/88435/dsp016q182n624.
MLA Handbook (7th Edition):
Munir, Muhammad Daud. “Legal Mobilization and Effectiveness of Courts in Post-Colonial States
.” 2016. Web. 07 Mar 2021.
Vancouver:
Munir MD. Legal Mobilization and Effectiveness of Courts in Post-Colonial States
. [Internet] [Doctoral dissertation]. Princeton University; 2016. [cited 2021 Mar 07].
Available from: http://arks.princeton.edu/ark:/88435/dsp016q182n624.
Council of Science Editors:
Munir MD. Legal Mobilization and Effectiveness of Courts in Post-Colonial States
. [Doctoral Dissertation]. Princeton University; 2016. Available from: http://arks.princeton.edu/ark:/88435/dsp016q182n624
NSYSU
4.
Sung, Yu-hsien.
The Judicialization of Environmental Movement and Labor Movement in Taiwanï¼Litigation as Movement Strategy.
Degree: Master, Political Science, 2013, NSYSU
URL: http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0630113-140732
► This study examines the judicialization of environmental movement and labor movement in Taiwan. Traditionally, activists seldom pursued movement goals by legal action in contrast to…
(more)
▼ This study examines the judicialization of environmental movement and labor movement in Taiwan. Traditionally, activists seldom pursued movement goals by
legal action in contrast to the government which was used to using
legal system to deal with activists. However, there has emerged a new tendency in Taiwan's environmental movement and labor movement recently that activists are more inclined to use litigation as a legitimacy-building strategy and more often resort to the courts for right relief. Therefore, the main purpose of my thesis are to illustrate the trajectory of recent
legal strategy change and to explain how activists employ litigation as movement strategy.
By analyzing the court verdict of environmental litigation and labor litigation and conducting in-depth interviews with movement activists and cause lawyers to understand the current condition and the meaning of the
legal strategy, I found that the amount of the environmental litigation and labor litigation are both increasing due to activistsâ employment of
legal strategy. However, the judicialization trajectory of environmental and labor movement are quite different.
To sum up, my thesis argues that, firstly, there exists an ongoing judicialization process both in the environmental and labor movement. Secondly, the trajectory and characteristics of the judicialization process in the environmental and labor movement are different. Thirdly, the judicialization of environmental and labor movement reveals some social problems in recent Taiwan, and the judicialization further shows its unique meanings in Taiwanâs social movement and democratization.
Advisors/Committee Members: Chin-Shou Wang (committee member), Yi-Ren Dzeng (chair), Da-Chi Liao (committee member), Yu-Bin Chiu (chair).
Subjects/Keywords: labor movement; environmental litigation; environmental movement; legal mobilization; labor litigation
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APA (6th Edition):
Sung, Y. (2013). The Judicialization of Environmental Movement and Labor Movement in Taiwanï¼Litigation as Movement Strategy. (Thesis). NSYSU. Retrieved from http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0630113-140732
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Sung, Yu-hsien. “The Judicialization of Environmental Movement and Labor Movement in Taiwanï¼Litigation as Movement Strategy.” 2013. Thesis, NSYSU. Accessed March 07, 2021.
http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0630113-140732.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Sung, Yu-hsien. “The Judicialization of Environmental Movement and Labor Movement in Taiwanï¼Litigation as Movement Strategy.” 2013. Web. 07 Mar 2021.
Vancouver:
Sung Y. The Judicialization of Environmental Movement and Labor Movement in Taiwanï¼Litigation as Movement Strategy. [Internet] [Thesis]. NSYSU; 2013. [cited 2021 Mar 07].
Available from: http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0630113-140732.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Sung Y. The Judicialization of Environmental Movement and Labor Movement in Taiwanï¼Litigation as Movement Strategy. [Thesis]. NSYSU; 2013. Available from: http://etd.lib.nsysu.edu.tw/ETD-db/ETD-search/view_etd?URN=etd-0630113-140732
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Universidade do Rio Grande do Sul
5.
Cruz, Carla Rosane da.
A mobilização do espaço legal pelas ONGs no Brasil : um estudo sobre a construção jurídica de causas políticas nos pós - década de 1990 no Brasil.
Degree: 2015, Universidade do Rio Grande do Sul
URL: http://hdl.handle.net/10183/177626
► O objetivo da presente pesquisa é explorar a mobilização legal de causas políticas, a partir de um estudo de caso sobre quatro entidades de defesa…
(more)
▼ O objetivo da presente pesquisa é explorar a mobilização legal de causas políticas, a partir de um estudo de caso sobre quatro entidades de defesa de direitos brasileiras: Sociedade Paraense de Direitos Humanos - SDDH , Centro de Defesa de Direitos Humanos Petrópolis – CDDH, Grupo de Assistência Jurídica às Organizações Populares – GAJOP, e Cidadania, Estudo, Pesquisa, Informação e Ação - CEPIA. Com base predominantemente no uso da metodologia qualitativa, foram analisados relatórios de atividades anuais, revistas e folhetos, produzidos pelas referidas ONGs no período que abrange 1998 até 2010. Visando explorar os distintos formatos de atuação destas entidades no processo de defesa e construção de causas políticas, foram construídas categorias analíticas, que anunciam os principais argumentos emergentes. Os argumentos mais recorrentemente mobilizados caracterizam uma tendência de ativismo por parte das agentes das entidades estudadas. Questões de gênero, diversidade racial e vulnerabilidade social são temas tratados como sendo questão de “direitos humanos”, revelando a apropriação de distintos recursos do universo jurídico e diferentes usos do direito enquanto forma estratégica de mobilização política.
The objective of the current research is to explore legal mobilization of political causes starting with a case study about four brazilian human right’s institutions: Paraense Human Rights Society – SDDH, Petrópolis Human Rights Defence Center – CDDH, Popular Organizations Legal Assistance Group – GAJOP, and Citizenship, Studies, Research, Information and Action – CEPIA. Mainly based in the use of qualitative methodology, anual activity reports, magazines and flyers produced by refered NGOs within the years 1998 to 2010 were analyzed. With the aim of studying these institutions’ distinct performance formats in the process of putting up and defending political causes. Analytical categories were built, announcing the main emerging arguments. The most recurringly mobilized arguments feature an activism tendency by agents of the researched institutions, which are within a point of view related to Law and Feminism, gender issues, racial diversity and social vulnerability as a matter of “human rights”, prioritizing the appropriation of distinct uses of Law, as well as, resources from law universe as a form of strategic political mobilization.
Advisors/Committee Members: Engelmann, Fabiano.
Subjects/Keywords: ONG; NGOs; Ambientalismo; Legal mobilization; Direitos humanos; Political causes; Cidadania
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APA (6th Edition):
Cruz, C. R. d. (2015). A mobilização do espaço legal pelas ONGs no Brasil : um estudo sobre a construção jurídica de causas políticas nos pós - década de 1990 no Brasil. (Thesis). Universidade do Rio Grande do Sul. Retrieved from http://hdl.handle.net/10183/177626
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Cruz, Carla Rosane da. “A mobilização do espaço legal pelas ONGs no Brasil : um estudo sobre a construção jurídica de causas políticas nos pós - década de 1990 no Brasil.” 2015. Thesis, Universidade do Rio Grande do Sul. Accessed March 07, 2021.
http://hdl.handle.net/10183/177626.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Cruz, Carla Rosane da. “A mobilização do espaço legal pelas ONGs no Brasil : um estudo sobre a construção jurídica de causas políticas nos pós - década de 1990 no Brasil.” 2015. Web. 07 Mar 2021.
Vancouver:
Cruz CRd. A mobilização do espaço legal pelas ONGs no Brasil : um estudo sobre a construção jurídica de causas políticas nos pós - década de 1990 no Brasil. [Internet] [Thesis]. Universidade do Rio Grande do Sul; 2015. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/10183/177626.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Cruz CRd. A mobilização do espaço legal pelas ONGs no Brasil : um estudo sobre a construção jurídica de causas políticas nos pós - década de 1990 no Brasil. [Thesis]. Universidade do Rio Grande do Sul; 2015. Available from: http://hdl.handle.net/10183/177626
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Princeton University
6.
Gardner, Paul Jay.
Mobilizing Litigants: Private Enforcement of Public Laws
.
Degree: PhD, 2015, Princeton University
URL: http://arks.princeton.edu/ark:/88435/dsp01v118rg93n
► Litigation to enforce federal laws has increased since the 1960s. Yet, there remains substantial diversity in the amount of private enforcement across statutes. The dissertation…
(more)
▼ Litigation to enforce federal laws has increased since the 1960s. Yet, there remains substantial diversity in the amount of private enforcement across statutes. The dissertation offers explanations for the use and disuse of private statutory litigation in support of public laws.
Chapter 2 challenges the predominant narrative in the political science literature for the adoption of private enforcement regimes before turning in Chapter 3 to the politics of private litigation after the passage of private enforcement statutes. This chapter assesses the affect that political actors have on the use of private litigation after lawsuits have been authorized. The evidence indicates that Democratic presidents and liberal agencies are associated with higher levels of private statutory claiming. More
legal filings also occur where interest group concentrations are high and under more liberal and more Democratic judges.
Chapter 4 investigates reasons for the massive growth of employment discrimination claims. Interest group strategies supported the growth of individual claims through organizational work and through successful doctrinal strategies. Chapter 5 continues the thread of the previous chapter, arguing that the success of private enforcement regimes depends on the type of policy enacted. This chapter contrasts the massive growth of employment discrimination litigation with the relatively fewer voting rights and housing discrimination lawsuits, arguing that fundamental differences in litigant motivations limited the ability of civil rights interest groups to support greater levels of
legal claiming.
Chapter 6 uses new data to correct misconceptions in the literature about the proportion of lawsuits brought by interest group and repeat plaintiffs under the Clean Water Act, showing that repeat plaintiffs still make up the bulk of citizen suit litigation. I then show that these repeat plaintiffs are more likely to file cases in federal court, and are more likely to win cases filed.
Chapter 7 examines the determinants of Clean Water Act lawsuit filings, showing that concentration of environmental interest group organizations is important for determining where and when litigation will take place. Judicial and executive ideology also affect the filing of suits, and the chapter additionally clarifies
the mechanism of this effect using evidence from interest group archives.
Advisors/Committee Members: Frymer, Paul (advisor).
Subjects/Keywords: civil rights;
courts;
environment;
interest groups;
legal mobilization;
private enforcement
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APA ·
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APA (6th Edition):
Gardner, P. J. (2015). Mobilizing Litigants: Private Enforcement of Public Laws
. (Doctoral Dissertation). Princeton University. Retrieved from http://arks.princeton.edu/ark:/88435/dsp01v118rg93n
Chicago Manual of Style (16th Edition):
Gardner, Paul Jay. “Mobilizing Litigants: Private Enforcement of Public Laws
.” 2015. Doctoral Dissertation, Princeton University. Accessed March 07, 2021.
http://arks.princeton.edu/ark:/88435/dsp01v118rg93n.
MLA Handbook (7th Edition):
Gardner, Paul Jay. “Mobilizing Litigants: Private Enforcement of Public Laws
.” 2015. Web. 07 Mar 2021.
Vancouver:
Gardner PJ. Mobilizing Litigants: Private Enforcement of Public Laws
. [Internet] [Doctoral dissertation]. Princeton University; 2015. [cited 2021 Mar 07].
Available from: http://arks.princeton.edu/ark:/88435/dsp01v118rg93n.
Council of Science Editors:
Gardner PJ. Mobilizing Litigants: Private Enforcement of Public Laws
. [Doctoral Dissertation]. Princeton University; 2015. Available from: http://arks.princeton.edu/ark:/88435/dsp01v118rg93n
7.
Baumle, Amanda Kathleen.
Lawyers at the 'information age water cooler': exposing sex discrimination and challenging law firm culture on the internet.
Degree: PhD, Sociology, 2006, Texas A&M University
URL: http://hdl.handle.net/1969.1/4332
► Prior research has repeatedly documented the existence of gender inequality, discrimination, and harassment in the legal practice, an occupation that remains maledominated in terms of…
(more)
▼ Prior research has repeatedly documented the existence of gender inequality,
discrimination, and harassment in the
legal practice, an occupation that remains maledominated
in terms of both numbers and organizational culture. Despite the availability of
some
legal remedies, women attorneys rarely sue their employers, and often do not
challenge discriminatory behavior. In this dissertation, I explore this seemingly
contradictory situation, where lawyers fail to employ the
legal system on their own behalf,
and I seek to determine whether the law can in fact be mobilized to challenge and perhaps
change gender relations in the
legal practice. Through ethnographic field research and
content analysis of an Internet community, my research examines possible methods by
which the law can serve as a tool to challenge gender discrimination. Further, I assess the
manner in which the Internet community itself can serve as a vehicle for challenging
gender inequality.
In particular, I first explore the role formal litigation might play in promoting
change for women attorneys, determining that attorneys in the Internet community are hesitant to employ litigation to challenge gender discrimination. This reluctance appears to
result in large part from attorneysâ familiarity with the daunting task of establishing a
discrimination case in the judicial system, as well as from a fear that the pursuit of
litigation could inflict damage upon their
legal careers.
I then consider whether the law can serve as a useful tool to challenge inequality
when
legal discourse is employed within the Internet community to invoke a
legal right to
a discrimination-free workplace. I find that attorneys, despite their
legal training, call upon
both formal and informal notions of discrimination when confronted with circumstances
colored with inequity. The Internet community itself provides a protected, semianonymous
forum in which to engage in such discourse, thereby subverting many of the
barriers that currently exist to challenging gender inequality in the
legal practice. Further,
the community serves as a resource to bring public attention to bear upon law firms,
creating external pressures which encourage a reevaluation of both lay and
legal
understandings of prohibited gender discrimination.
Advisors/Committee Members: Gatson, Sarah N. (advisor), Fossett, Mark (committee member), Videla, Plankey, Nancy (committee member), Poston, Jr., Dudley L. (committee member), Sharf, Barbara (committee member).
Subjects/Keywords: Legal Mobilization; Gender Inequality
…113
Legal Mobilization in the Greedy Associates Community… …Greedy Associates Use Legal Discourse in Collective Mobilization Efforts............129
Greedy… …33
CHAPTER III GENDER INEQUALITY IN THE LEGAL PRACTICE ...........................37… …38
What Is “Discrimination”?: Legal and Sociological Concepts Used in This Work .... 38… …Discrimination and Inequality in the Legal Practice…
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APA (6th Edition):
Baumle, A. K. (2006). Lawyers at the 'information age water cooler': exposing sex discrimination and challenging law firm culture on the internet. (Doctoral Dissertation). Texas A&M University. Retrieved from http://hdl.handle.net/1969.1/4332
Chicago Manual of Style (16th Edition):
Baumle, Amanda Kathleen. “Lawyers at the 'information age water cooler': exposing sex discrimination and challenging law firm culture on the internet.” 2006. Doctoral Dissertation, Texas A&M University. Accessed March 07, 2021.
http://hdl.handle.net/1969.1/4332.
MLA Handbook (7th Edition):
Baumle, Amanda Kathleen. “Lawyers at the 'information age water cooler': exposing sex discrimination and challenging law firm culture on the internet.” 2006. Web. 07 Mar 2021.
Vancouver:
Baumle AK. Lawyers at the 'information age water cooler': exposing sex discrimination and challenging law firm culture on the internet. [Internet] [Doctoral dissertation]. Texas A&M University; 2006. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/1969.1/4332.
Council of Science Editors:
Baumle AK. Lawyers at the 'information age water cooler': exposing sex discrimination and challenging law firm culture on the internet. [Doctoral Dissertation]. Texas A&M University; 2006. Available from: http://hdl.handle.net/1969.1/4332
University of California – Irvine
8.
Sherman, Nicole.
Protected Veterans: The Use of Positive Intersectionality in Achieving Legal Change.
Degree: Social Ecology, 2016, University of California – Irvine
URL: http://www.escholarship.org/uc/item/60q2s4bz
► This paper examines how the LGBT Veteran organization, Gay, Lesbian, and Bisexual Veterans of America, has framed their advocacy for LGBT veterans’ rights, including their…
(more)
▼ This paper examines how the LGBT Veteran organization, Gay, Lesbian, and Bisexual Veterans of America, has framed their advocacy for LGBT veterans’ rights, including their unique deployment of joint LGBT and military/veteran identities to strengthen their cause. Specifically, this research explores the way that the positive veteran/military identity that intersects with the less positively viewed LGBT identity facilitates both the cause and potential outcomes of their advocacy. While many social movements mobilize around a primary identity, LGBT veterans use their status as “protected veterans” to pursue rights for the LGBT community, both in the military and out. I argue that recognition of the elevated status enjoyed by military veterans is seen in the framing techniques of the LGBT veteran social movement and what I am calling “positive intersectionality”. Theories of intersectionality typically regard intersecting identities as limiting in an individual’s ability to fight discrimination, but this addendum to intersectional theory that I am proposing encompasses the full spectrum of identity, examining positive outcomes of intersectional identities rather than only negative outcomes.
Subjects/Keywords: Criminology; Law; LGBTQ studies; Identity; Intersectionality; Legal Mobilization; LGBT; Social Movements; Veterans
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APA (6th Edition):
Sherman, N. (2016). Protected Veterans: The Use of Positive Intersectionality in Achieving Legal Change. (Thesis). University of California – Irvine. Retrieved from http://www.escholarship.org/uc/item/60q2s4bz
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Sherman, Nicole. “Protected Veterans: The Use of Positive Intersectionality in Achieving Legal Change.” 2016. Thesis, University of California – Irvine. Accessed March 07, 2021.
http://www.escholarship.org/uc/item/60q2s4bz.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Sherman, Nicole. “Protected Veterans: The Use of Positive Intersectionality in Achieving Legal Change.” 2016. Web. 07 Mar 2021.
Vancouver:
Sherman N. Protected Veterans: The Use of Positive Intersectionality in Achieving Legal Change. [Internet] [Thesis]. University of California – Irvine; 2016. [cited 2021 Mar 07].
Available from: http://www.escholarship.org/uc/item/60q2s4bz.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Sherman N. Protected Veterans: The Use of Positive Intersectionality in Achieving Legal Change. [Thesis]. University of California – Irvine; 2016. Available from: http://www.escholarship.org/uc/item/60q2s4bz
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Universidade Estadual de Campinas
9.
Fanti, Fabiola, 1980-.
Mobilização social e luta por direitos : um estudo sobre o movimento feminista: Social mobilization and struggles for rights : an study on the feminist movement.
Degree: 2016, Universidade Estadual de Campinas
URL: http://repositorio.unicamp.br/jspui/handle/REPOSIP/321650
► Abstract: The main objective of this thesis is to investigate the relationship between social movements, Law and Judiciary. To this end, it uses as analytical…
(more)
▼ Abstract: The main objective of this thesis is to investigate the relationship between social movements, Law and Judiciary. To this end, it uses as analytical framework the studies on
legal mobilization developed in American literature. This research agenda has been intensively explored in international studies since the 1990s, but only recently has been incorporated into the Brazilian case. Thus, the thesis aims to contribute in expanding this field of study in Brazil. The selected object of empirical study was the feminist movement in São Paulo city. From the identification of the most relevant organizations in this field, it was traced an overview of their rise in the broader context of the feminist movement, their main structural features and their strategies of action, with emphasis on tactics that mobilize law and Judiciary. By analyzing such data, the objective was to investigate the relationship between the organizational structure of the groups selected by the study and the different forms of
legal mobilization identified by the research. Furthermore, it was done a study of the feminist movement campaign for abortion rights in Brazil since its rise in the 1970s until the present time. Through this research, it was argued that the feminist movement directed the demand for abortion to the Judiciary, since other institutional channels (the Legislative and the Executive) found themselves blocked by their opponents in the political field, such as conservative and religious groups
Advisors/Committee Members: UNIVERSIDADE ESTADUAL DE CAMPINAS (CRUESP), Tatagiba, Luciana Ferreira, 1971- (advisor), Universidade Estadual de Campinas. Instituto de Filosofia e Ciências Humanas (institution), Programa de Pós-Graduação em Ciências Sociais (nameofprogram), Teixeira, Ana Claudia Chaves (committee member), Maciel, Debora Alves (committee member), Almeida, Frederico Normanha de (committee member), Szwako, José (committee member).
Subjects/Keywords: Movimentos sociais; Mobilização do direito; Poder judiciário; Feminismo; Social movements; Legal mobilization; Judicial power; Feminism
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APA (6th Edition):
Fanti, Fabiola, 1. (2016). Mobilização social e luta por direitos : um estudo sobre o movimento feminista: Social mobilization and struggles for rights : an study on the feminist movement. (Thesis). Universidade Estadual de Campinas. Retrieved from http://repositorio.unicamp.br/jspui/handle/REPOSIP/321650
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Fanti, Fabiola, 1980-. “Mobilização social e luta por direitos : um estudo sobre o movimento feminista: Social mobilization and struggles for rights : an study on the feminist movement.” 2016. Thesis, Universidade Estadual de Campinas. Accessed March 07, 2021.
http://repositorio.unicamp.br/jspui/handle/REPOSIP/321650.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Fanti, Fabiola, 1980-. “Mobilização social e luta por direitos : um estudo sobre o movimento feminista: Social mobilization and struggles for rights : an study on the feminist movement.” 2016. Web. 07 Mar 2021.
Vancouver:
Fanti, Fabiola 1. Mobilização social e luta por direitos : um estudo sobre o movimento feminista: Social mobilization and struggles for rights : an study on the feminist movement. [Internet] [Thesis]. Universidade Estadual de Campinas; 2016. [cited 2021 Mar 07].
Available from: http://repositorio.unicamp.br/jspui/handle/REPOSIP/321650.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Fanti, Fabiola 1. Mobilização social e luta por direitos : um estudo sobre o movimento feminista: Social mobilization and struggles for rights : an study on the feminist movement. [Thesis]. Universidade Estadual de Campinas; 2016. Available from: http://repositorio.unicamp.br/jspui/handle/REPOSIP/321650
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of California – Berkeley
10.
Villalonga Torrijo, Cristian.
The Rhetoric of Legal Crisis. Lawyers and the Politics of Juridical Expertise in Chile (1830-1990).
Degree: Jurisprudence & Social Policy, 2016, University of California – Berkeley
URL: http://www.escholarship.org/uc/item/2mt8w6rk
► By the mid-1960s, different groups of Chilean law graduates pervasively began to manifest malaise about the competition of other professions in public decision-making and the…
(more)
▼ By the mid-1960s, different groups of Chilean law graduates pervasively began to manifest malaise about the competition of other professions in public decision-making and the unresponsiveness of legal institutions to new social needs. Socio-legal scholarship agrees, based on a preliminary reading of the historical sources and anecdotal evidence, that lawyers lost their quasi-monopoly on statecraft and were unable to resourcefully participate in the political arena during twentieth-century Latin America. However, such phenomena have not been analyzed systematically. Paying attention to Chilean elite lawyers, this dissertation tries to fill the aforesaid gap. Builds upon Max Weber and Pierre Bourdieu’s scholarship as theoretical scaffolding, this research examines the transformation of juridical expertise in the process of modernization and the different strategies employed by legal professionals to regain influence in public governance. Through qualitative and quantitative analysis, the first part of my dissertation studies how the legal profession lost political power along with the division of governmental labor and the bureaucratization of courts and the bar occurred in twentieth-century Chile. The second part, chapters 4 to 7, analyzes how different networks of lawyers mobilized after the erosion of their authority, employing a dual strategy of collective action to advance simultaneously their position inside the legal field and diverse political agendas during the Cold War years
Subjects/Keywords: Law; History; Political science; Chile; Cold War; Legal Profession; Political Mobilization; Public Governance; Statecraft
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APA (6th Edition):
Villalonga Torrijo, C. (2016). The Rhetoric of Legal Crisis. Lawyers and the Politics of Juridical Expertise in Chile (1830-1990). (Thesis). University of California – Berkeley. Retrieved from http://www.escholarship.org/uc/item/2mt8w6rk
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Villalonga Torrijo, Cristian. “The Rhetoric of Legal Crisis. Lawyers and the Politics of Juridical Expertise in Chile (1830-1990).” 2016. Thesis, University of California – Berkeley. Accessed March 07, 2021.
http://www.escholarship.org/uc/item/2mt8w6rk.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Villalonga Torrijo, Cristian. “The Rhetoric of Legal Crisis. Lawyers and the Politics of Juridical Expertise in Chile (1830-1990).” 2016. Web. 07 Mar 2021.
Vancouver:
Villalonga Torrijo C. The Rhetoric of Legal Crisis. Lawyers and the Politics of Juridical Expertise in Chile (1830-1990). [Internet] [Thesis]. University of California – Berkeley; 2016. [cited 2021 Mar 07].
Available from: http://www.escholarship.org/uc/item/2mt8w6rk.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Villalonga Torrijo C. The Rhetoric of Legal Crisis. Lawyers and the Politics of Juridical Expertise in Chile (1830-1990). [Thesis]. University of California – Berkeley; 2016. Available from: http://www.escholarship.org/uc/item/2mt8w6rk
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Minnesota
11.
Michel-Luviano, Veronica.
Access to justice, victims' rights, and private prosecution in Latin America: the cases of Chile, Guatemala, and Mexico.
Degree: PhD, Political science, 2011, University of Minnesota
URL: http://purl.umn.edu/138850
► My dissertation explores how and when legal rights affect the effectiveness of the rule of law in developing democracies. Over the past two decades, many…
(more)
▼ My dissertation explores how and when legal rights affect the effectiveness of the rule of law in developing democracies. Over the past two decades, many countries in Latin America have adopted far reaching judicial reforms, including criminal procedure reform. Judicial systems in the region have long been perceived as offering little recourse to common citizens, especially for marginalized groups. The new judicial reforms were designed to make these institutions more responsive and effective. One key way they attempt to do so is to introduce/enhance provisions for private prosecution of criminal cases. By giving the victim or their surviving relatives a right to participate in the criminal proceedings, private prosecution can, in theory, serve as a societal check on an unresponsive state. But does it? Through a comparative study of ordinary homicide cases (i.e., when the crime is committed by ordinary citizens) and human rights cases (i.e., when murder is committed by state officials) in Chile, Guatemala and Mexico, my dissertation examines (1) where this right came from and how it got diffused in Latin America, and answers (2) if these rights are actually used, and (3) when, how and why private prosecution makes a difference in the state's investigation and prosecution of murder. Following a nested research design, I work at two levels of analysis: countries and individual legal cases, allowing comparisons within judicial districts, across types of homicides, and across countries. I argue that the introduction/expansion of private prosecution in recent reforms has to be understood as the result of the consolidation of victims' rights in international law. However, international and ideational factors matter both for shaping choices of judicial reform, as well as for the mobilization of legal rights. Through an analysis of 520 homicide cases, 450 human rights cases, and various case studies, I also argue that the use and impact of private prosecution on judicial responsiveness depends primarily on (i) the history of the right in a country, (ii) the development of a support structure, and (iii) the socio-political context. I further argue that private prosecution can be used to build the rule of law from below when societal actors embrace it as a tool to fight unresponsive or inefficient judicial systems. My dissertation begins with an introductory chapter where the main argument, findings, and research design are explained. The next two chapters explain what private prosecution is and how this right diffused across Latin America. Then in a fourth chapter I provide the main findings of the use and impact of private prosecution in human rights cases across Latin America and in ordinary murder cases in Chile, Guatemala, and Mexico. Finally, in the last three empirical chapters I explain how private prosecution matters to judicial responsiveness through an in-depth analysis of human rights and ordinary murder cases in Guatemala, Chile, and Mexico.
Subjects/Keywords: Access to justice; Criminal justice; Latin America; Legal mobilization; Private prosecution; Victims' Rights
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APA (6th Edition):
Michel-Luviano, V. (2011). Access to justice, victims' rights, and private prosecution in Latin America: the cases of Chile, Guatemala, and Mexico. (Doctoral Dissertation). University of Minnesota. Retrieved from http://purl.umn.edu/138850
Chicago Manual of Style (16th Edition):
Michel-Luviano, Veronica. “Access to justice, victims' rights, and private prosecution in Latin America: the cases of Chile, Guatemala, and Mexico.” 2011. Doctoral Dissertation, University of Minnesota. Accessed March 07, 2021.
http://purl.umn.edu/138850.
MLA Handbook (7th Edition):
Michel-Luviano, Veronica. “Access to justice, victims' rights, and private prosecution in Latin America: the cases of Chile, Guatemala, and Mexico.” 2011. Web. 07 Mar 2021.
Vancouver:
Michel-Luviano V. Access to justice, victims' rights, and private prosecution in Latin America: the cases of Chile, Guatemala, and Mexico. [Internet] [Doctoral dissertation]. University of Minnesota; 2011. [cited 2021 Mar 07].
Available from: http://purl.umn.edu/138850.
Council of Science Editors:
Michel-Luviano V. Access to justice, victims' rights, and private prosecution in Latin America: the cases of Chile, Guatemala, and Mexico. [Doctoral Dissertation]. University of Minnesota; 2011. Available from: http://purl.umn.edu/138850
Northeastern University
12.
Pennington, Liana J.
The role of parents and parens patriae: developing views of legitimacy and justice in juvenile delinquency court.
Degree: PhD, Law and Public Policy Program, 2013, Northeastern University
URL: http://hdl.handle.net/2047/d20003207
► The juvenile delinquency court aims to modify children's behavior, but little is known about how parents' experiences in the juvenile justice system may be affecting…
(more)
▼ The juvenile delinquency court aims to modify children's behavior, but little is known about how parents' experiences in the juvenile justice system may be affecting the court's efforts. Whether parents believe the court system is fair and effective and how they discuss the court's legitimacy with their child could have important implications for the juvenile justice system. There exists widespread distrust of courts and the justice system in poor and minority communities (Rottman and Hansen 2001). Since children from disadvantaged communities are disproportionately represented in the juvenile justice system (Feld 1999), it is critical to understand how these views of the court develop and under which circumstances parents' perceptions of the court's legitimacy increase or decrease. Parents are one of children's primary socializing agents and how parents perceive issues of law and justice may strongly influence their children's moral and political beliefs (Henning 2006).; This study takes an in-depth look at the experiences of thirty families in two urban juvenile delinquency courts in the Northeast United States. This project extends prior work in procedural justice and legal consciousness by taking a longitudinal and multi-perspectival approach to the development of legal perceptions, values, and ideas. Much of the previous research in these areas has been cross-sectional and retrospective; this study combines observations with interviews with multiple members of the same family at different times during the court process. This multi-faceted approach allows for the study of how views of law and justice evolve during a legal process and how perceptions of the court system are shared within families. This study includes eighty-six semi-structured interviews of parents and youth and 108 observations of court hearings and attorney meetings with the family.; Most parents enter the court process seeking to engage with the justice system, viewing their role as parents to be their child's advocate and to ensure that legal authorities act fairly. Often, parents and youth want to challenge the police version of the criminal incident and to broaden who is held accountable in the courtroom. When they find they cannot participate meaningfully in the court process, many parents and youth become more passive and disengaged. Their passivity resembles deference to legal authorities because these parents and youth are no longer speaking out against the state's version of the case. When parents fail to find influence inside the court system, they often seek it extralegally through conversations within the family. These families create an intermediate space outside the formal court process where parents transmit their views and socialize their child. These conversations are primarily negative, revolving around parents' growing distrust of the court process. This research finds that notions of justice are interactive and intersubjective, with parents filtering the meaning of court experiences for their court-involved child.
Subjects/Keywords: juvenile court; juvenile justice; legal consciousness; legal mobilization; legitimacy; procedural justice; Criminology and Criminal Justice; Public Policy; Social Policy; Social Welfare
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APA (6th Edition):
Pennington, L. J. (2013). The role of parents and parens patriae: developing views of legitimacy and justice in juvenile delinquency court. (Doctoral Dissertation). Northeastern University. Retrieved from http://hdl.handle.net/2047/d20003207
Chicago Manual of Style (16th Edition):
Pennington, Liana J. “The role of parents and parens patriae: developing views of legitimacy and justice in juvenile delinquency court.” 2013. Doctoral Dissertation, Northeastern University. Accessed March 07, 2021.
http://hdl.handle.net/2047/d20003207.
MLA Handbook (7th Edition):
Pennington, Liana J. “The role of parents and parens patriae: developing views of legitimacy and justice in juvenile delinquency court.” 2013. Web. 07 Mar 2021.
Vancouver:
Pennington LJ. The role of parents and parens patriae: developing views of legitimacy and justice in juvenile delinquency court. [Internet] [Doctoral dissertation]. Northeastern University; 2013. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2047/d20003207.
Council of Science Editors:
Pennington LJ. The role of parents and parens patriae: developing views of legitimacy and justice in juvenile delinquency court. [Doctoral Dissertation]. Northeastern University; 2013. Available from: http://hdl.handle.net/2047/d20003207
13.
Richard, Helene.
Comment les Russes sont-ils devenus (co)propriétaires ? : illégalismes administratifs et socialisation au droit en Russie postcommuniste : How did Russians become home (co)owners ? : illegal bureaucratic practices and legal socialization in post-Communist Russia.
Degree: Docteur es, Science politique, 2014, Université Lumière – Lyon II
URL: http://www.theses.fr/2014LYO20054
► Instauré en 1991, le droit à la privatisation gratuite de son logement a favorisé l'accession des anciens locataires soviétiques au statut de propriétaire, transformant du…
(more)
▼ Instauré en 1991, le droit à la privatisation gratuite de son logement a favorisé l'accession des anciens locataires soviétiques au statut de propriétaire, transformant du même coup les immeubles collectifs en copropriétés. Sur la base d'une enquête ethnographique, cette thèse étudie la mise en œuvre du nouveau Code du logement (2005) à Moscou, qui réorganise la gestion publique de l'habitat collectif autour de l'assemblée générale des copropriétaires. Contribution à l'analyse du changement social postcommuniste, cette recherche examine comment la copropriété passe du statut de texte abstrait au statut de pratiques sociales situées. Combinant les apports de la sociologie de l'État, de la sociologie des mobilisations et de l'étude des rapports ordinaires au droit, ce travail se focalise sur trois groupes d'acteurs : les agents subalternes de l'administration de Moscou ayant recours à des pratiques illégales pour mettre en œuvre localement la nouvelle législation ; des acteurs politiques tournés vers la vulgarisation et le conseil juridique dans la perspective de défendre les droits des habitants et, enfin, certains habitants particulièrement engagés dans les affaires de leur immeuble. En s'appuyant sur une approche wébérienne des usages sociaux du droit, cette recherche montre que infractions légales, batailles d'interprétation de la législation, ainsi qu'appropriations profanes du droit sont autant de mécanismes à travers lesquels le régime copropriétaire acquiert une véritable existence sociale. L'analyse de ces rapports et concurrences donne à voir la fabrique de nouvelles pratiques habitantes et subjectivités postcommunistes, reconfigurant les rapports ordinaires à l'État et au marché.
Introduced in 1991, the right to free privatization of own’s own housing favored a double transformation: of tenants into owners, and of collective housing into condominium buildings. Based on an ethnographic investigation in Moscow, this dissertation examines the implementation of the new Housing Code (2005). This legal shift led to a renewed governance of collective housing, now centered around the general meeting of owners. A contribution to post-communist social change, this research is also an investigation into the sociology of law. Based on a Weberian approach to the social practices of the law, it examines how the legal regime of joint ownership went from being abstract text to the status of social practices located. Drawing upon the sociology of the State, the study of mobilizations and researches on legal consciousness, the dissertations focuses on three groups of actors central to the construction of the new legal system. The first one consist of the lower-level agents of the Moscow administration, who resort to illegal practices in an attempt to locally implement the new legislation. The second includes local politicians, geared towards the dissemination of legal knowledge and literacy in an attempt to defend the rights of the inhabitants. The third one encompasses inhabitants particularly involved in the…
Advisors/Committee Members: Pollet, Gilles (thesis director).
Subjects/Keywords: Propriété du logement; Postcommunisme; Street-level bureaucrats; Socialisation au droit; Mobilisation politique du droit; Housing property; Post-socialism; Street-level bureaucrats; Legal socialization; Legal mobilization; Legal consciousness studies
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APA ·
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APA (6th Edition):
Richard, H. (2014). Comment les Russes sont-ils devenus (co)propriétaires ? : illégalismes administratifs et socialisation au droit en Russie postcommuniste : How did Russians become home (co)owners ? : illegal bureaucratic practices and legal socialization in post-Communist Russia. (Doctoral Dissertation). Université Lumière – Lyon II. Retrieved from http://www.theses.fr/2014LYO20054
Chicago Manual of Style (16th Edition):
Richard, Helene. “Comment les Russes sont-ils devenus (co)propriétaires ? : illégalismes administratifs et socialisation au droit en Russie postcommuniste : How did Russians become home (co)owners ? : illegal bureaucratic practices and legal socialization in post-Communist Russia.” 2014. Doctoral Dissertation, Université Lumière – Lyon II. Accessed March 07, 2021.
http://www.theses.fr/2014LYO20054.
MLA Handbook (7th Edition):
Richard, Helene. “Comment les Russes sont-ils devenus (co)propriétaires ? : illégalismes administratifs et socialisation au droit en Russie postcommuniste : How did Russians become home (co)owners ? : illegal bureaucratic practices and legal socialization in post-Communist Russia.” 2014. Web. 07 Mar 2021.
Vancouver:
Richard H. Comment les Russes sont-ils devenus (co)propriétaires ? : illégalismes administratifs et socialisation au droit en Russie postcommuniste : How did Russians become home (co)owners ? : illegal bureaucratic practices and legal socialization in post-Communist Russia. [Internet] [Doctoral dissertation]. Université Lumière – Lyon II; 2014. [cited 2021 Mar 07].
Available from: http://www.theses.fr/2014LYO20054.
Council of Science Editors:
Richard H. Comment les Russes sont-ils devenus (co)propriétaires ? : illégalismes administratifs et socialisation au droit en Russie postcommuniste : How did Russians become home (co)owners ? : illegal bureaucratic practices and legal socialization in post-Communist Russia. [Doctoral Dissertation]. Université Lumière – Lyon II; 2014. Available from: http://www.theses.fr/2014LYO20054
Northeastern University
14.
Andía, María Gracia.
Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina.
Degree: PhD, Law and Public Policy Program, 2011, Northeastern University
URL: http://hdl.handle.net/2047/d20001004
► In the context of rising judicialization of politics, Argentina presents a case that is relevant and is worth our attention for the insights it provides…
(more)
▼ In the context of rising judicialization of politics, Argentina presents a case that is relevant and is worth our attention for the insights it provides to the phenomenon of legal mobilization. This dissertation describes and analyzes how two disadvantaged groups in this country – LGBT and indigenous – used law and courts to achieve their policy ends.; I suggest some answers about what factors make the groups choose the courts, the impact of using the courts, whether social mobilization -support structure- makes any difference on the impact, and what "new" roles are thrust upon courts in the policy making process. Through an interdisciplinary appraisal and the use of empirical analysis, this dissertation fills the gap, adds to the existing literature, and sheds new light on the phenomenon of judicialization of politics.; I began by surveying the literature on legal mobilization and the judicialization of politics and then examined how these two groups built their "social structures for legal mobilization" and mounted their legal campaigns for social change. Although there are some important similarities and differences between these groups, both have used the courts to advance their rights. The impact of the recent efforts of legal mobilization on behalf of LGBT individuals and indigenous peoples on the national Congress and the media turned out to be different. The case studies developed here indicate that when cases are being advanced in court by groups that enjoy considerable social mobilization, what the literature calls the "support structures for legal mobilization," they are likely to achieve the objectives that are sought.; The findings support Charles Epp's "support structure" explanation, suggest a classification of the cases using Marc Galanter's theory about the nature of the parties as one-shotters or repeat players, and provide a fuller understanding of the extent to which courts play a new role in Argentine politics.
Subjects/Keywords: Argentina; Judicialization of Politics; Legal Mobilization; Public Interest Litigation; Same-Sex Marriage; Social Mobilization; Civil Rights and Discrimination; Human Rights Law; Law and Society; Public Policy
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APA ·
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MLA ·
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APA (6th Edition):
Andía, M. G. (2011). Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina. (Doctoral Dissertation). Northeastern University. Retrieved from http://hdl.handle.net/2047/d20001004
Chicago Manual of Style (16th Edition):
Andía, María Gracia. “Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina.” 2011. Doctoral Dissertation, Northeastern University. Accessed March 07, 2021.
http://hdl.handle.net/2047/d20001004.
MLA Handbook (7th Edition):
Andía, María Gracia. “Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina.” 2011. Web. 07 Mar 2021.
Vancouver:
Andía MG. Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina. [Internet] [Doctoral dissertation]. Northeastern University; 2011. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2047/d20001004.
Council of Science Editors:
Andía MG. Disadvantaged groups, the use of courts and their impact: a case study of legal mobilization in Argentina. [Doctoral Dissertation]. Northeastern University; 2011. Available from: http://hdl.handle.net/2047/d20001004
University of California – Irvine
15.
Verma, Anjuli Catherine.
The Great Experiment: California's Prison Realignment and the Legal Reform of Mass Incarceration.
Degree: Criminology, Law and Society, 2016, University of California – Irvine
URL: http://www.escholarship.org/uc/item/882358mm
► Despite vast expenditures on prison construction in the late 20th century, infrastructure has not kept pace with the dramatic growth of incarceration in the U.S.…
(more)
▼ Despite vast expenditures on prison construction in the late 20th century, infrastructure has not kept pace with the dramatic growth of incarceration in the U.S. As a result, extreme prison overcrowding has led to humanitarian, legal and fiscal emergencies nationwide. These emergencies are especially pronounced at the state level, where the Great Recession most directly affected and severely curtailed public spending; today, more than a third of state prison populations exceed institutional capacity. In the present policy environment, rather than investing scarce capital on building more prisons, state-level legal reforms aimed at downsizing the prison population are widely seen as the more prudent solutions. Little is known, however, about the diffusion and implementation of prison reform laws among local criminal justice actors and their effects at the county level of practice, where the incarceration process begins for most inmates. This project examines the 2011 “Realignment” of California’s unconstitutionally overcrowded prison system as an empirical window into how legal interventions and policy innovations filter to lower levels of government and diffuse into local organizational and professional practices. Using multiple methods, the study investigates how differences in local organizational culture shape the meaning of law on the ground in ways that bolster or undermine the reform goal of decarceration. The research focuses on two questions: (1) how do local criminal justice actors respond to, comply with, shape, and resist prison downsizing laws, and (2) what effect do these responses have on decarceration as a key metric of institutional change? A combination of group-based trajectory modeling and institutional ethnographic methods are used to assess the proposition that local organizational culture mediates the implementation of prison downsizing laws and that variation in county organizational culture explains differences in the outcome of decarceration. These multiple methods enable to the study to: (1) specify the measures of local variation most salient in predicting decarceration, (2) identify processes by which local organizational culture mediates law, as well as variations in these processes across counties, and (3) relate these variations to the outcome of decarceration.
Subjects/Keywords: Sociology; Law; Criminology; decarceration; governance of crime; legal mobilization; mixed methods research; policy implementation; Punishment and social control
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APA (6th Edition):
Verma, A. C. (2016). The Great Experiment: California's Prison Realignment and the Legal Reform of Mass Incarceration. (Thesis). University of California – Irvine. Retrieved from http://www.escholarship.org/uc/item/882358mm
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Verma, Anjuli Catherine. “The Great Experiment: California's Prison Realignment and the Legal Reform of Mass Incarceration.” 2016. Thesis, University of California – Irvine. Accessed March 07, 2021.
http://www.escholarship.org/uc/item/882358mm.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Verma, Anjuli Catherine. “The Great Experiment: California's Prison Realignment and the Legal Reform of Mass Incarceration.” 2016. Web. 07 Mar 2021.
Vancouver:
Verma AC. The Great Experiment: California's Prison Realignment and the Legal Reform of Mass Incarceration. [Internet] [Thesis]. University of California – Irvine; 2016. [cited 2021 Mar 07].
Available from: http://www.escholarship.org/uc/item/882358mm.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Verma AC. The Great Experiment: California's Prison Realignment and the Legal Reform of Mass Incarceration. [Thesis]. University of California – Irvine; 2016. Available from: http://www.escholarship.org/uc/item/882358mm
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
University of Michigan
16.
Luna, Zakiya Toya.
Domesticating Human Rights: Possibilities and Ambiguities in the Emerging Reproductive Justice Movement.
Degree: PhD, Women's Studies & Sociology, 2011, University of Michigan
URL: http://hdl.handle.net/2027.42/89839
► Reproductive rights have been a controversial issue for decades due to the legal battles surrounding abortion. Yet, activists in the emerging reproductive justice movement often…
(more)
▼ Reproductive rights have been a controversial issue for decades due to the
legal battles surrounding abortion. Yet, activists in the emerging reproductive justice movement often use a human rights analysis to challenge the women’s movement’s emphasis on “law on the books.” As such, reproductive justice activists consider how lack of economic and social human rights limit people’s rights to have a child (e.g., for low-income women) and the right to parent (e.g., for incarcerated parents). A human rights frame is an unusual choice given its history in the US. In the 1940s, African American leaders unsuccessfully attempted to challenge racism through engaging human rights. However, their successful movement for limited civil rights became the model for successive US movements. Why, despite the dominance and success of a civil rights frame, did the later reproductive justice movement choose the human rights frame? In addition, what have been the consequences of this adoption on the wider women’s movement? To answer these questions, I analyze SisterSong, a national reproductive justice coalition, and its engagement with human rights.
This dissertation draws on interviews, archival documents, and participant observation. I explore the confluence of domestic and international events that led to this choice of mobilizing around human rights. Then, I examine specific ways activists leverage human rights through the concept of reproductive justice. I further demonstrate how women of color and their allies work to move narrow definitions of reproductive rights from a limited concept of “choice” toward a more inclusive reproductive justice. Finally, I examine the contradictory articulations of human rights consciousness exhibited by activists, and what their varying consciousness suggests for a possible domestic human rights movement. Many reproductive justice activists perceive that engaging with the human rights-based reproductive justice frame allows them to bring their “whole selves” into a movement, rather than requiring alignment with competing movements that fail to address their complex (reproductive) realities. Even if human rights do not become institutionalized in the US
legal system, we can expect increased deployment of human rights by marginalized communities that are increasingly demanding systemic justice not only limited
legal reform.
Advisors/Committee Members: Cole, Elizabeth Ruth (committee member), Somers, Margaret R. (committee member), Gutierrez, Lorraine M. (committee member), Levitsky, Sandra R. (committee member), Tsutsui, Kiyoteru (committee member).
Subjects/Keywords: Social Movements; Human Rights; Reproduction; Women's Movement; Intersectionality; Legal Mobilization; Sociology; Women's and Gender Studies; Social Sciences
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APA (6th Edition):
Luna, Z. T. (2011). Domesticating Human Rights: Possibilities and Ambiguities in the Emerging Reproductive Justice Movement. (Doctoral Dissertation). University of Michigan. Retrieved from http://hdl.handle.net/2027.42/89839
Chicago Manual of Style (16th Edition):
Luna, Zakiya Toya. “Domesticating Human Rights: Possibilities and Ambiguities in the Emerging Reproductive Justice Movement.” 2011. Doctoral Dissertation, University of Michigan. Accessed March 07, 2021.
http://hdl.handle.net/2027.42/89839.
MLA Handbook (7th Edition):
Luna, Zakiya Toya. “Domesticating Human Rights: Possibilities and Ambiguities in the Emerging Reproductive Justice Movement.” 2011. Web. 07 Mar 2021.
Vancouver:
Luna ZT. Domesticating Human Rights: Possibilities and Ambiguities in the Emerging Reproductive Justice Movement. [Internet] [Doctoral dissertation]. University of Michigan; 2011. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2027.42/89839.
Council of Science Editors:
Luna ZT. Domesticating Human Rights: Possibilities and Ambiguities in the Emerging Reproductive Justice Movement. [Doctoral Dissertation]. University of Michigan; 2011. Available from: http://hdl.handle.net/2027.42/89839
University of Washington
17.
Grobelski, Tiffany Lee.
Becoming a Side: Legal Mobilization and Environmental Protection in Poland.
Degree: PhD, 2017, University of Washington
URL: http://hdl.handle.net/1773/38149
► This dissertation presents a human geographic and socio-legal analysis of environmental legal mobilization in contemporary Poland. It examines how administrative law is being used by…
(more)
▼ This dissertation presents a human geographic and socio-
legal analysis of environmental
legal mobilization in contemporary Poland. It examines how administrative law is being used by individuals and societal groups to enforce environmental protection commitments, and what the broader implications of interactions with the administrative
legal system are for
legal consciousness formation and social movement
mobilization in a democratic society. I argue, first, that administrative law is an important site of inquiry for social scientists. Interaction with administrative
legal processes shapes
legal consciousness in consequential ways, because citizens are exposed to the state’s power structure, prevailing governance logics, and the ways these might be reconfigured. I conceptualize administrative
legal processes in environmental cases as contact zones between state, society, and the physical earth. Because Poland’s administrative
legal system is rather open to environmental advocates, and bolstered both symbolically and formally by the European Union (EU) governance system, meaningful opportunities arise for differently situated actors, including those not trained in law, to engage with the
legal system and interact with others in the process of mobilizing their procedural rights. Environmental
legal practitioners’ contact with administrative
legal processes shapes an evolving, spatially specific understanding of the form and substance of state power. In the dynamic interaction between direct observations of the physical earth, procedural rights’
mobilization, and
legal argumentation by various actors, spatial and temporal aspects of law are brought to the fore. Consequently, environmental
legal practitioners, individually and collectively, build a critique of
legal accountability mechanisms, the normative commitments of the state, and the prevailing political-economic system, expanding a performative critique of law already resonant in post-socialist societies. Environmental
legal practitioners are actively shaping, and mobilizing others around, the indeterminacy and political possibility afforded by administrative
legal processes. These dynamics are captured in the phrase “becoming a side,” which refers simultaneously to Polish
legal requirements for admittance as a party (strona, literally “side”) to administrative proceedings, as well as to iterative processes of
legal consciousness formation through practitioners’ interactions with administrative law. More broadly, “becoming a side,” refers to evolving relationships between state and society in which societal actors struggle to be involved in policy decision-making. In the latter part of the dissertation, I elaborate this more expansive sense of “becoming a side” by examining how members of grassroots movements move from local protest to proactive environmental and energy policy formation at the national level. I analyze two cases:
mobilization against air pollution in Kraków, and the struggle against shale gas exploration in Żurawlów. Through the…
Advisors/Committee Members: Herbert, Steven (advisor).
Subjects/Keywords: Administrative law; Central East Europe; Environmental policy; European Union; Legal mobilization; Poland; Geography; Political science; geography
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APA ·
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MLA ·
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CSE |
Export
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Manager
APA (6th Edition):
Grobelski, T. L. (2017). Becoming a Side: Legal Mobilization and Environmental Protection in Poland. (Doctoral Dissertation). University of Washington. Retrieved from http://hdl.handle.net/1773/38149
Chicago Manual of Style (16th Edition):
Grobelski, Tiffany Lee. “Becoming a Side: Legal Mobilization and Environmental Protection in Poland.” 2017. Doctoral Dissertation, University of Washington. Accessed March 07, 2021.
http://hdl.handle.net/1773/38149.
MLA Handbook (7th Edition):
Grobelski, Tiffany Lee. “Becoming a Side: Legal Mobilization and Environmental Protection in Poland.” 2017. Web. 07 Mar 2021.
Vancouver:
Grobelski TL. Becoming a Side: Legal Mobilization and Environmental Protection in Poland. [Internet] [Doctoral dissertation]. University of Washington; 2017. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/1773/38149.
Council of Science Editors:
Grobelski TL. Becoming a Side: Legal Mobilization and Environmental Protection in Poland. [Doctoral Dissertation]. University of Washington; 2017. Available from: http://hdl.handle.net/1773/38149
University of Texas – Austin
18.
Troncoso, Brenna Michele.
The pursuit of public interest litigation in Argentina and Bolivia.
Degree: PhD, Government, 2010, University of Texas – Austin
URL: http://hdl.handle.net/2152/ETD-UT-2010-08-1811
► This dissertation examines the development of litigation and legal mobilization as constructive, participatory, strategic processes that have the potential to promote democratization and institution building…
(more)
▼ This dissertation examines the development of litigation and
legal mobilization as constructive, participatory, strategic processes that have the potential to promote democratization and institution building in fragile democracies. Using Argentina and Bolivia as case studies, I show that the innovative use of strategic litigation and
legal mobilization taking place in Latin America today holds significant promise for promoting social and institutional development in countries struggling with competing democratic and authoritarian impulses. A close examination of how local and regional permutations of strategic litigation play out at the intersection of law and politics in fragile democracies generates a more accurate, richer account of the relationship between law and democracy writ large, a relationship that has yet to be fully or properly theorized.
Advisors/Committee Members: Perry, H. W. (advisor), Braybrooke, David (advisor), Dietz, Henry (committee member), Hunter, Wendy (committee member), Levinson, Sanford (committee member).
Subjects/Keywords: Law; Democracy; Public interest litigation; Legal mobilization
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APA (6th Edition):
Troncoso, B. M. (2010). The pursuit of public interest litigation in Argentina and Bolivia. (Doctoral Dissertation). University of Texas – Austin. Retrieved from http://hdl.handle.net/2152/ETD-UT-2010-08-1811
Chicago Manual of Style (16th Edition):
Troncoso, Brenna Michele. “The pursuit of public interest litigation in Argentina and Bolivia.” 2010. Doctoral Dissertation, University of Texas – Austin. Accessed March 07, 2021.
http://hdl.handle.net/2152/ETD-UT-2010-08-1811.
MLA Handbook (7th Edition):
Troncoso, Brenna Michele. “The pursuit of public interest litigation in Argentina and Bolivia.” 2010. Web. 07 Mar 2021.
Vancouver:
Troncoso BM. The pursuit of public interest litigation in Argentina and Bolivia. [Internet] [Doctoral dissertation]. University of Texas – Austin; 2010. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2152/ETD-UT-2010-08-1811.
Council of Science Editors:
Troncoso BM. The pursuit of public interest litigation in Argentina and Bolivia. [Doctoral Dissertation]. University of Texas – Austin; 2010. Available from: http://hdl.handle.net/2152/ETD-UT-2010-08-1811
University of Michigan
19.
Andersen, Ellen Ann.
Courting political opportunity.
Degree: PhD, Sociology, 1999, University of Michigan
URL: http://hdl.handle.net/2027.42/131595
► The phenomenon of legal change is complex, involving multiple actors and proceeding within multiple structural constraints. Traditional approaches to examining this phenomenon, however, have tended…
(more)
▼ The phenomenon of
legal change is complex, involving multiple actors and proceeding within multiple structural constraints. Traditional approaches to examining this phenomenon, however, have tended to focus on a particular agent of change, such as the impact of doctrine, judicial attitudes and judicial turnover, executive and legislative actions, interest group litigation, and public opinion. As a result, although we know quite a bit about specific genitors of
legal change, we know very little about how they interact. In this dissertation, I offer a new theoretical framework for examining the conditions under which judges, litigators, the law, and the political environment interact to facilitate or retard
legal change. My
legal opportunity structure model seeks to explain
legal change through an examination of the institutional and socio-
legal factors that shape the decisions made by
legal actors. These factors include access to the formal institutional structure of the law, the configuration of elites with respect to a given
legal issue, the alliance and conflict systems surrounding a particular
legal issue, and the availability of both
legal frames (the amalgam of existing laws) and cultural frames (the amalgam of cultural values and beliefs). Specifically, I argue that
legal change is a product of
legal actors, including judges and litigators, engaging in a process of competitive framing which is situated within a larger structure of
legal opportunities. The empirical focus of this dissertation is on the outcomes of gay rights litigation. I examine three key areas of litigation: sodomy reform, anti-gay initiatives, and family law. The
legal opportunity structure approach, I show, offers a richer and more accurate explanation of the dynamics of
legal change with respect to gay rights than do traditional, segmented approaches.
Advisors/Committee Members: Jennings, M. Kent (advisor), Brandon, Mark (advisor).
Subjects/Keywords: Courting; Gay Rights; Lambda Legal Defense And Education Fund; Legal Mobilization; Opportunity; Political
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APA (6th Edition):
Andersen, E. A. (1999). Courting political opportunity. (Doctoral Dissertation). University of Michigan. Retrieved from http://hdl.handle.net/2027.42/131595
Chicago Manual of Style (16th Edition):
Andersen, Ellen Ann. “Courting political opportunity.” 1999. Doctoral Dissertation, University of Michigan. Accessed March 07, 2021.
http://hdl.handle.net/2027.42/131595.
MLA Handbook (7th Edition):
Andersen, Ellen Ann. “Courting political opportunity.” 1999. Web. 07 Mar 2021.
Vancouver:
Andersen EA. Courting political opportunity. [Internet] [Doctoral dissertation]. University of Michigan; 1999. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2027.42/131595.
Council of Science Editors:
Andersen EA. Courting political opportunity. [Doctoral Dissertation]. University of Michigan; 1999. Available from: http://hdl.handle.net/2027.42/131595
20.
Rueda, Pablo.
From the Law to the Market: the Campaign of the U'wa Indigenous People in Colombia (1995-2010).
Degree: Jurisprudence & Social Policy, 2012, University of California – Berkeley
URL: http://www.escholarship.org/uc/item/2cx6d6qs
► This dissertation uses the campaign of Colombia's Uwa indigenous people against oil extraction in their land as a case study to understand the impact of…
(more)
▼ This dissertation uses the campaign of Colombia's Uwa indigenous people against oil extraction in their land as a case study to understand the impact of the state, the law and the market over the tactics and scale of social movements. It studies how the campaign shifted away from litigation, expanded its scale transnationally and started using the tools available in the global market economy to prevent oil exploration in the Uwa land. The dissertation suggests the need to understand social movement tactics as a complex, multidimensional phenomenon in order to capture the relation between activism and multiple institutions. Finally, it also provides a framework to understand the relation between different tactics and institutions that helps to explain the roles of economic, political, and legal factors in providing the resources and opportunities for tactical innovation and transnational activism.
Subjects/Keywords: Law; Latin American studies; Environmental justice; Colombia; Globalization; Indigenous Movements; Legal Mobilization; Market Mobilization; Oil
…Colombia constrains the opportunities for both local
protests and legal mobilization.
However, my… …mobilization.”2 This
concept comprises very different ways of using the law and legal arguments and… …is an overlap between the concepts of legal mobilization and rightful
resistance, I also… …use the term legal mobilization as a much broader category, not just as a subtype of… …rightful
resistance.
3
The expression “legal mobilization”, however, can be rather confusing…
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APA (6th Edition):
Rueda, P. (2012). From the Law to the Market: the Campaign of the U'wa Indigenous People in Colombia (1995-2010). (Thesis). University of California – Berkeley. Retrieved from http://www.escholarship.org/uc/item/2cx6d6qs
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Chicago Manual of Style (16th Edition):
Rueda, Pablo. “From the Law to the Market: the Campaign of the U'wa Indigenous People in Colombia (1995-2010).” 2012. Thesis, University of California – Berkeley. Accessed March 07, 2021.
http://www.escholarship.org/uc/item/2cx6d6qs.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
MLA Handbook (7th Edition):
Rueda, Pablo. “From the Law to the Market: the Campaign of the U'wa Indigenous People in Colombia (1995-2010).” 2012. Web. 07 Mar 2021.
Vancouver:
Rueda P. From the Law to the Market: the Campaign of the U'wa Indigenous People in Colombia (1995-2010). [Internet] [Thesis]. University of California – Berkeley; 2012. [cited 2021 Mar 07].
Available from: http://www.escholarship.org/uc/item/2cx6d6qs.
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
Council of Science Editors:
Rueda P. From the Law to the Market: the Campaign of the U'wa Indigenous People in Colombia (1995-2010). [Thesis]. University of California – Berkeley; 2012. Available from: http://www.escholarship.org/uc/item/2cx6d6qs
Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation
21.
Cardoso, Evorah Lusci Costa.
Cortes supremas e sociedade civil na América Latina: estudo comparado Brasil, Argentina e Colômbia.
Degree: PhD, Filosofia e Teoria Geral do Direito, 2012, University of São Paulo
URL: http://www.teses.usp.br/teses/disponiveis/2/2139/tde-16052013-162225/
;
► Cortes e sociedade civil na América Latina estão em transformação, assim como a sua relação. Casos de grande repercussão social, decisões judiciais que incidem sobre…
(more)
▼ Cortes e sociedade civil na América Latina estão em transformação, assim como a sua relação. Casos de grande repercussão social, decisões judiciais que incidem sobre políticas públicas, concentração de efeitos das sentenças, mecanismos de deliberação dentro dos processos são fenômenos relacionados a essas transformações. A tese deste trabalho é de que tanto o desenho institucional das cortes influencia a mobilização social jurídica, quanto a presença de uma forte mobilização social em torno das cortes pode influenciar não só a sua agenda de casos, mas também o seu desenho institucional. E esta relação precisa ser estudada de modo dinâmico e funcional. Para tanto, foram realizadas entrevistas com organizações não governamentais, think tanks, acadêmicos, magistrados e agência financiadora na Argentina, Brasil e Colômbia. É a narrativa comparada desses atores que oferece as variáveis de desenho institucional e mobilização social jurídica relevantes para compreender essas transformações. O trabalho, por fim, aponta para a necessidade de reformulação das agendas dos atores envolvidos sobre como pensar a inter-relação entre cortes e sociedade civil, tanto em termos de experimentação prática, imaginação institucional, desafios teóricos e de legitimação.
Courts and civil society in Latin America are under transformation, as well as the relationship between them. Cases of great social repercussion, judicial decisions which affect public policies, concentration effects of judgments, deliberation mechanisms within the processes are phenomena related to these changes. The thesis of this work is that both the institutional design of the courts affect social legal mobilization and the presence of strong social mobilization around the courts can influence not only their cases agenda, but also its institutional design. This relationship needs to be studied in a dynamic and functional way. To this end, interviews were conducted with nongovernmental organizations, think tanks, scholars, judges and funding agencies in Argentina, Brazil and Colombia. It is the compared narrative of these actors that offers the \"variablesöf institutional design and of legal and social mobilization that are relevant to understand these changes. The thesis finally points to the need to reform the agendas of the actors involved on the reflections about the interplay between courts and civil society, in terms of practical experimentation, institutional imagination, theoretical challenges and legitimation.
Advisors/Committee Members: Faria, Jose Eduardo Campos de Oliveira.
Subjects/Keywords: Argentina and Colombia; Brazil; Civil society; Decisão judicial; Institutional design; Mobilidade social; Poder judiciário; Políticas públicas; Social legal mobilization; Sociedade civil; Strategic litigation; Supreme Courts
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APA ·
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Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Cardoso, E. L. C. (2012). Cortes supremas e sociedade civil na América Latina: estudo comparado Brasil, Argentina e Colômbia. (Doctoral Dissertation). University of São Paulo. Retrieved from http://www.teses.usp.br/teses/disponiveis/2/2139/tde-16052013-162225/ ;
Chicago Manual of Style (16th Edition):
Cardoso, Evorah Lusci Costa. “Cortes supremas e sociedade civil na América Latina: estudo comparado Brasil, Argentina e Colômbia.” 2012. Doctoral Dissertation, University of São Paulo. Accessed March 07, 2021.
http://www.teses.usp.br/teses/disponiveis/2/2139/tde-16052013-162225/ ;.
MLA Handbook (7th Edition):
Cardoso, Evorah Lusci Costa. “Cortes supremas e sociedade civil na América Latina: estudo comparado Brasil, Argentina e Colômbia.” 2012. Web. 07 Mar 2021.
Vancouver:
Cardoso ELC. Cortes supremas e sociedade civil na América Latina: estudo comparado Brasil, Argentina e Colômbia. [Internet] [Doctoral dissertation]. University of São Paulo; 2012. [cited 2021 Mar 07].
Available from: http://www.teses.usp.br/teses/disponiveis/2/2139/tde-16052013-162225/ ;.
Council of Science Editors:
Cardoso ELC. Cortes supremas e sociedade civil na América Latina: estudo comparado Brasil, Argentina e Colômbia. [Doctoral Dissertation]. University of São Paulo; 2012. Available from: http://www.teses.usp.br/teses/disponiveis/2/2139/tde-16052013-162225/ ;
22.
Taylor, Whitney Katherine.
CREATING A SENSE OF OBLIGATION: LEGAL MOBILIZATION FOR SOCIAL RIGHTS.
Degree: PhD, Government, 2019, Cornell University
URL: http://hdl.handle.net/1813/67338
► How and why does legal mobilization for social rights emerge? What explains variation in legal mobilization for social rights in terms of who makes claims…
(more)
▼ How and why does
legal mobilization for social rights emerge? What explains variation in
legal mobilization for social rights in terms of who makes claims and on which issues? Leveraging comparisons within and across cases, I investigate
legal mobilization for social rights in two social constitutionalist countries, Colombia and South Africa. In Colombia,
legal claims to the right to health have become ubiquitous, yet relatively few housing rights claims have emerged. In South Africa, on the other hand,
legal claims to the right to health have been rather limited, focusing on HIV/AIDS related issues, while claims to the right to housing predominate. Existing theories of
legal mobilization rest on implicit claims about subjective beliefs and tend to examine only one part of
legal mobilization, segmenting off the process by which grievances develop from the process by which claims advance through the courts from the process by which judges render their decisions. In contrast, this dissertation develops a constructivist account of
legal mobilization, explicating the central role of beliefs and unearthing the importance of repeated interaction between claimants, activists, lawyers, and judges for both the filing of rights claims and the official response to those claims.
Legal mobilization for social rights represents a new phenomenon, wherein both ordinary citizens and judicial actors have come to view problems related to access to healthcare, housing, social security, and education through the lens of the law, in effect pushing the question of social incorporation into the formal
legal sphere. The goal of ensuring that each and every Colombian and South African is able to live a life of dignity remains unmet, but the
legal recognition of social rights in both countries has empowered citizens to advance rights claims to the goods and services necessary for a good life. This dissertation investigates the changes in beliefs and institutions that allowed for this kind of claims-making to emerge, and it considers the manifold consequences of this kind of claims-making for state-society relations, access to social welfare, and the judicialization of politics.
Advisors/Committee Members: Evangelista, Matthew Anthony (chair), Tarrow, Sidney G. (committee member), Roberts, Kenneth (committee member), Rana, Aziz (committee member).
Subjects/Keywords: Comparative politics; Colombia; Law and Society; Legal Mobilization; Social Rights; South Africa; Political science
…and the Adjudication of Social Rights
p. 211
Chapter 8. Legal Mobilization in Comparative… …of Legal Mobilization
p. 62
Figure 6.1. Poverty Statistics Over Time
p. 181
Figure 6.2… …for Judicial Behavior
Table 2.4. The Constructivist Account of Legal Mobilization
Table 5.1… …assert
rights to elements of social citizenship.7 These instances of legal mobilization move… …interact.
Legal mobilization refers to “the use of law in an explicit, self-conscious way…
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APA ·
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to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Taylor, W. K. (2019). CREATING A SENSE OF OBLIGATION: LEGAL MOBILIZATION FOR SOCIAL RIGHTS. (Doctoral Dissertation). Cornell University. Retrieved from http://hdl.handle.net/1813/67338
Chicago Manual of Style (16th Edition):
Taylor, Whitney Katherine. “CREATING A SENSE OF OBLIGATION: LEGAL MOBILIZATION FOR SOCIAL RIGHTS.” 2019. Doctoral Dissertation, Cornell University. Accessed March 07, 2021.
http://hdl.handle.net/1813/67338.
MLA Handbook (7th Edition):
Taylor, Whitney Katherine. “CREATING A SENSE OF OBLIGATION: LEGAL MOBILIZATION FOR SOCIAL RIGHTS.” 2019. Web. 07 Mar 2021.
Vancouver:
Taylor WK. CREATING A SENSE OF OBLIGATION: LEGAL MOBILIZATION FOR SOCIAL RIGHTS. [Internet] [Doctoral dissertation]. Cornell University; 2019. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/1813/67338.
Council of Science Editors:
Taylor WK. CREATING A SENSE OF OBLIGATION: LEGAL MOBILIZATION FOR SOCIAL RIGHTS. [Doctoral Dissertation]. Cornell University; 2019. Available from: http://hdl.handle.net/1813/67338
23.
Ryan, Daniel Eduardo.
Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina.
Degree: PhD, Government, 2011, University of Texas – Austin
URL: http://hdl.handle.net/2152/ETD-UT-2011-08-3830
► The purpose of this dissertation is to examine under what political conditions public policy issues are likely to become judicialized in Argentina. This study shows…
(more)
▼ The purpose of this dissertation is to examine under what political conditions public policy issues are likely to become judicialized in Argentina. This study shows that the most widespread theoretical explanation, the loser argument, is too general and does not provide much analytical insight about the relationship between the political context and the judicialization of policy. Meanwhile, other explanations developed by the literature, mainly the politically disadvantaged group and the fragmented legislative power, although theoretically valid, have a limited empirical coverage and cannot fully explain the phenomenon of policy judicialization in Argentina. Taking into account the limitations and contributions of the existing theories, the theoretical argument of this dissertation is predicated upon the idea that there are various, alternative political scenarios under which judicialization is likely to occur. In other words, there is not just one, but several, different political conditions or combinations of conditions that might trigger the involvement of courts in public policy. Within this conceptual framework, the dissertation argues that policy disputes are likely to become judicialized under two political scenarios which have not been considered by the existing literature: first, when the state apparatus is unable to implement or enforce policy goals and mandates already approved by the political branches of government, and second, when the political elites in charge of the executive do not fully support existing policy mandates, and the legislature is too passive or deferential to the government regarding that policy issue. In these types of political contexts, social actors are likely to judicialize their policy claims. To assess these arguments, the dissertation develops a qualitative comparative analysis (QCA) of 13 major policy conflicts that occurred in Argentina during the last two decades, complemented by case studies. As a result of my analysis, I identify three combinations of political conditions that are sufficient to trigger the judicialization of policy in Argentina. Two of these combinations clearly fit with my theoretical argument and expectations about what political scenarios are likely to lead to policy judicialization, while the third combination closely reflects the political disadvantage argument.
Advisors/Committee Members: Brinks, Daniel M., 1961- (advisor), Hunter, Wendy (committee member), Madrid, Raul (committee member), Perry, H. W. (committee member), Werksman, Jacob (committee member), Weyland, Kurt (committee member).
Subjects/Keywords: Courts; Judicialization; Legal mobilization; Judicial politics; Democratic governance; Argentina; Latin America
…largely been overlooked
by the literature on legal mobilization and judicial power. Scholarly… …democratic
governance? Citizens‟ legal mobilization through the courts is often perceived as… …to occur. Based on the literature on legal
mobilization and judicial politics, one can… …legal claims were brought to the
Supreme Court about the pollution affecting the basin, and… …the examples briefly described above, the
groups came to the courts with legal resources…
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APA (6th Edition):
Ryan, D. E. (2011). Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina. (Doctoral Dissertation). University of Texas – Austin. Retrieved from http://hdl.handle.net/2152/ETD-UT-2011-08-3830
Chicago Manual of Style (16th Edition):
Ryan, Daniel Eduardo. “Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina.” 2011. Doctoral Dissertation, University of Texas – Austin. Accessed March 07, 2021.
http://hdl.handle.net/2152/ETD-UT-2011-08-3830.
MLA Handbook (7th Edition):
Ryan, Daniel Eduardo. “Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina.” 2011. Web. 07 Mar 2021.
Vancouver:
Ryan DE. Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina. [Internet] [Doctoral dissertation]. University of Texas – Austin; 2011. [cited 2021 Mar 07].
Available from: http://hdl.handle.net/2152/ETD-UT-2011-08-3830.
Council of Science Editors:
Ryan DE. Democratic governance and the courts : the political sources of the judicialization of public policy in Argentina. [Doctoral Dissertation]. University of Texas – Austin; 2011. Available from: http://hdl.handle.net/2152/ETD-UT-2011-08-3830
24.
Harms, Lisa.
Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights : Un universalisme fragmenté : la négociation du droit à la liberté religieuse à la Cour européenne des droits de l’homme.
Degree: Docteur es, Science politique, 2019, Paris, Institut d'études politiques; Georg-August-Universität (Göttingen, Allemagne)
URL: http://www.theses.fr/2019IEPP0038
► La thèse analyse la négociation du droit à la liberté religieuse dans les litiges à la Cour Européenne de Droits de l’Homme (CEDH) des années…
(more)
▼ La thèse analyse la négociation du droit à la liberté religieuse dans les litiges à la Cour Européenne de Droits de l’Homme (CEDH) des années 1990 jusqu’à aujourd’hui. Une double observation constitue le point de départ de cette recherche : le constat d’une judiciarisation croissante de la régulation politique du religieux d’un côté, et celui d’une mobilisation stratégique croissante d’acteurs religieux et séculiers dans les arènes judiciaires transnationales de l’autre. La thèse pose la question de comment les acteurs religieux et séculiers influent sur le processus de construction de la norme juridique. Elle analyse l’activisme juridique déployé par des acteurs religieux, y compris les témoins de Jéhovah, des acteurs musulmans, sikhs, et chrétiens, et des activistes séculiers, dans des litiges concernant la liberté religieuse. Partant d’une approche par les champs, la thèse postule que l’inégalité en ressources et en pouvoir entre les acteurs structurent leurs approches et leurs interprétations du droit à la liberté religieuse. La Cour ne constitue une structure d’opportunité également accessible pour tous les acteurs. Tandis que certains des acteurs impliqués dans les litiges ont tendance à adapter leurs revendications religieuses de manière à correspondre aux paradigmes juridiques dominants, d’autres contestent et négocient les interprétations des fondements mêmes du droit. L’asymétrie entre les acteurs du droit se conjugue à des oppositions et tensions idéologiques qui sont inscrites dans la construction de la norme juridique.
The thesis examines the litigious negotiation and contestation of the right to freedom of religion at the European Court of Human Rights (ECtHR) from the early 1990s until today. A twofold observation constitutes the starting point for this investigation. First, the trend of the judicialization of politics increasingly extends to the domain of the politics of religious regulation. Second, an increasing number of strategic religious and secular litigators has intervened in transnational judicial struggles. Against this backdrop, the thesis asks how religious and secular actors influence the construction of the judicial norm. It analyzes the judicial activism of a variety of religious actors, including Jehovah’s Witnesses, Muslims, Sikhs, Christians and secular actors. The main argument is that the unequal distribution of power and resources among religious minorities and majorities translates into diverging strategies of religious freedom litigation, and, thereby, into the interpretation of the right to freedom of religion. The power asymmetry leads to inequality regarding the degree of openness of the legal opportunity structure of the ECtHR and hence the participation in the judicial norm building. In particular, it shows that while some actors tend to adapt their religious claims in order to fit dominant interpretations of the law, other actors contest the interpretation of the foundations of the law itself. Furthermore, different means of litigation fuel an intensified ideological…
Advisors/Committee Members: Rousselet, Kathy (thesis director), Koenig, Matthias (thesis director).
Subjects/Keywords: Gouvernance de la diversité religieuse; Mobilisation du droit; Judiciarisation des politiques publiques; Droit à la liberté religieuse; Governance of religious diversity; Legal mobilization; Judicialization of politics; Right to freedom of religion; 322.1
Record Details
Similar Records
Cite
Share »
Record Details
Similar Records
Cite
« Share
❌
APA ·
Chicago ·
MLA ·
Vancouver ·
CSE |
Export
to Zotero / EndNote / Reference
Manager
APA (6th Edition):
Harms, L. (2019). Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights : Un universalisme fragmenté : la négociation du droit à la liberté religieuse à la Cour européenne des droits de l’homme. (Doctoral Dissertation). Paris, Institut d'études politiques; Georg-August-Universität (Göttingen, Allemagne). Retrieved from http://www.theses.fr/2019IEPP0038
Chicago Manual of Style (16th Edition):
Harms, Lisa. “Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights : Un universalisme fragmenté : la négociation du droit à la liberté religieuse à la Cour européenne des droits de l’homme.” 2019. Doctoral Dissertation, Paris, Institut d'études politiques; Georg-August-Universität (Göttingen, Allemagne). Accessed March 07, 2021.
http://www.theses.fr/2019IEPP0038.
MLA Handbook (7th Edition):
Harms, Lisa. “Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights : Un universalisme fragmenté : la négociation du droit à la liberté religieuse à la Cour européenne des droits de l’homme.” 2019. Web. 07 Mar 2021.
Vancouver:
Harms L. Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights : Un universalisme fragmenté : la négociation du droit à la liberté religieuse à la Cour européenne des droits de l’homme. [Internet] [Doctoral dissertation]. Paris, Institut d'études politiques; Georg-August-Universität (Göttingen, Allemagne); 2019. [cited 2021 Mar 07].
Available from: http://www.theses.fr/2019IEPP0038.
Council of Science Editors:
Harms L. Fragmented universalism : the making of the right to freedom of religion at the European Court of Human Rights : Un universalisme fragmenté : la négociation du droit à la liberté religieuse à la Cour européenne des droits de l’homme. [Doctoral Dissertation]. Paris, Institut d'études politiques; Georg-August-Universität (Göttingen, Allemagne); 2019. Available from: http://www.theses.fr/2019IEPP0038
. 
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