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Table of Contents

How Does the Law Put a Historical Analogy to Work?: Defining the Imposition of ‘A Condition Analogous to That of a Slave’ in Modern Brazil

Rebecca J. Scott, University of Michigan Law School
Leonardo Augusto de Andrade Barbosa, CEFOR (Center for Continuing Education and Professional Development) - Chamber of Deputies
Carlos Henrique Borlido Haddad, UFMG

The Solidarisation of International Society: The EU in the Global Climate Change Regime

Bettina Ahrens, University of Tuebingen

A Proposal for a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country

William H. Henning, Texas A&M University - School of Law
Susan M Woodrow, Federal Reserve Banks - Federal Reserve Bank of Minneapolis
Marek Dubovec, National Law Center for Inter-American Free Trade

Sustainable Development in Four East Asian Countries' Agricultural Sectors Post-World War II: Measuring Nutrient Balance and Estimating the Environmental Kuznets Curve

Shota Moriwaki, Osaka City University

Heritage Resources as a Method to Reviving the Identity of Contemporary Interior Designs: A Comparative Analysis of Users' Preferences of Interior Space

Heba Barakat Elnaggar, Arab Academy for Science and Technology & Maritime Transport

Can Emerging Markets Tilt Global Product Design? Impacts of Chinese Colorism on Hollywood Castings

Manuel Hermosilla, Johns Hopkins University - Carey Business School
Fernanda Gutierrez-Navratil, Universidad Pública de Navarra
Juan Prieto-Rodriguez, Universidad de Oviedo

Altruists on the Campaign Trail? Civil Society Work as a Path to Political Office

Karisa T. Cloward, Southern Methodist University (SMU)
Keith Richard Weghorst, Vanderbilt University

Boys' Clubs and Boxing: Modern Colonial Sport, Youth, and the Growth of Urban Post-War Lagos

Michael Gennaro, Independent

Dreaming of Corporate Paternalism in DR Congo’s Environmental Enclaves

Lys Alcayna-Stevens, College de France

The Nature of the Crimes in the African Criminal Court

Charles Chernor Jalloh, Florida International University College of Law

Ludic Ubuntu in the Search for Transformative Justice

Mechthild Nagel, State University of New York (SUNY), Cortland

The Lives of the DuBoises in Ghana, 1961-1963: The Silences, Thoughts, and Theorizing

Eric Kesse, Michigan State University


"How Does the Law Put a Historical Analogy to Work?: Defining the Imposition of ‘A Condition Analogous to That of a Slave’ in Modern Brazil" Free Download
Duke Journal of Constitutional Law & Public Policy, Vol. 13, No. 1, Forthcoming
U of Michigan Public Law Research Paper No. 568

REBECCA J. SCOTT, University of Michigan Law School
LEONARDO AUGUSTO DE ANDRADE BARBOSA, CEFOR (Center for Continuing Education and Professional Development) - Chamber of Deputies

Over two decades, the Brazilian state has engaged in concerted legal efforts to identify and prosecute cases of what officials refer to as the imposition of “slave labor? (trabalho escravo). At a conceptual level, the campaign has paired the constitutional protection of human dignity with an interpretation of the offense described in Article 149 of the Criminal Code as “the reduction of a person to a condition analogous to that of a slave.? At the operational level, mobile teams of inspectors and prosecutors have intervened in thousands of work sites, and labor prosecutors have obtained hundreds of consent agreements and convictions in the labor courts.

This article – co-authored by a legal historian, a staff attorney at the Brazilian Chamber of Deputies, and a federal judge – draws on a massive archive of work site inspection reports to explore the ways in which inspectors and prosecutors give specific meaning to the analogy with chattel slavery. The authors find that the term “slave labor,? in this context, does not depend upon the international law definition of slavery as the exercise over a person of “any or all of the powers attaching to the right of ownership.? Instead, it identifies specific behaviors that are no longer permissible as between employer and worker, and which reproduce elements of what was once imposed by masters upon slaves. Intermediate normative terms introduced in the 2003 revision of the penal code – which prohibits the subjection of workers to “degrading conditions? and “debilitating work days? – have through the inspection processes taken on specific meaning. Rather than representing subjective notions in potential conflict with the principal of legality, as critics argue, their interpretation has unfolded through careful processes of documentation, negotiation, and prosecution.

In Brazil’s current situation of political polarization and institutional fracture, this remarkable campaign against slave labor is coming under fierce attack from large-scale landholders and from elements within the executive, a development which adds urgency to the task of explicating the campaign’s legal bases and operational practices.

"The Solidarisation of International Society: The EU in the Global Climate Change Regime" Free Download
GLOBUS Research Paper No. 5/2017

BETTINA AHRENS, University of Tuebingen

The European Union more often than not is either assumed or expected to play a leading role in international politics of climate change. This expectation emanates largely from the assumption that the EU as a normative power is able to induce change in international society. This paper intends to explore this assumed transformative potential of the EU in the specific context of climate politics. Suggesting an English School approach, in this paper I conceptualise the EU’s potential transformative impact as the solidarisation of international society. The advantage of such an analytical perspective is that it directs the focus on tensions and ambiguities that always and unavoidably exist in processes of change. In the paper, I first elaborate on the conceptualisation of change as solidarisation. Second, I spell out in detail what such a solidarisation means in international climate politics. Third, an empirical analysis of the EU’s discourse and practices in climate politics reveals whether the EU indeed acts as a source of solidarisation in this particular policy field. In contrast to the widespread assumption that consistency is key to change, this paper suggests that accepting and embracing ambiguities indeed enhances the EU’s contribution to solidarisation.

"A Proposal for a National Tribally Owned Lien Filing System to Support Access to Capital in Indian Country" Free Download
Wyoming Law Review, Forthcoming
Texas A&M University School of Law Legal Studies Research Paper

WILLIAM H. HENNING, Texas A&M University - School of Law
SUSAN M WOODROW, Federal Reserve Banks - Federal Reserve Bank of Minneapolis
MAREK DUBOVEC, National Law Center for Inter-American Free Trade

This article sets forth a proposal to develop and implement a national, state-of-the-art, all-electronic filing system to support tribes’ secured-transactions laws, with the goal of improving access to capital for tribes, tribal consumers, and, most importantly, independent Native-owned businesses. Tribes are increasingly recognizing the need to establish a sound commercial legal infrastructure, including in particular a modern secured-transactions law, to support sustainable business development. Toward this end, many tribes have adopted the Model Tribal Secured Transactions Act (MTSTA), and many more are in the process of reviewing the act for adoption. Central to the functioning of any secured-transactions law is a publicly accessible filing system, without which a secured-transactions system is incomplete and can’t be deployed to support non-possessory security interests, especially in important income-producing collateral such as accounts, equipment, and inventory. However, the cost of a system that will be credible and trusted by lenders, other creditors, and prospective buyers of assets tends to be beyond the capacity of most tribes. Developing economies across the globe have faced similar challenges, and many have recognized the benefits that flow from implementing the type of filing system proposed by this article. The filing system being proposed would be developed for use and commonly owned by participating tribes that have adopted the MTSTA. The required technology is available and readily adaptable for a single, multi-jurisdictional tribal system, and implementation of such a system would support tribes’ efforts to put in place the legal infrastructure needed to support access to capital in Indian Country. The proposed system would best be housed within a Native American organization with a solid reputation of representing all tribes in the U.S. and whose mission incorporates the promotion of tribal economic development. The costs of establishing, operating, and maintaining an e-filing system are quite modest, and they are estimated to be much lower than even a couple of years ago. The recent reduction in cost does not come at the expense of reduced security or efficiency of the system. On the contrary, it results from the incorporation of technology like blockchain, which would make the system less costly to establish and operate while ensuring the highest level of security and transparency.

"Sustainable Development in Four East Asian Countries' Agricultural Sectors Post-World War II: Measuring Nutrient Balance and Estimating the Environmental Kuznets Curve" Free Download
Asia & the Pacific Policy Studies, Vol. 4, No. 3, pp. 467–483, 2017
Crawford School of Public Policy, The Australian National University

SHOTA MORIWAKI, Osaka City University

The purpose of this study is to measure agricultural waste and estimate the environmental Kuznets curve in four East Asian countries using time series data from the 1960s to the 2010s. Positive nutrient balance (NB) suggests there is pressure on arable land, causing water pollution and greenhouse gases. For crop farming, only China's NB per arable land unit (NBAL) has risen recently, while NB per product (NBP) in all four countries has declined. Regarding livestock farming, NBAL in all countries except Japan has risen. Even more recently, China's NBP has risen differently to other countries' movements. The estimation results of the environmental Kuznets curve suggest China's NBAL will rise continuously with gross domestic product per capita increases in crop farming. For livestock farming, the estimated indexes are confirmed to have worsened with the advance of economic growth.

"Heritage Resources as a Method to Reviving the Identity of Contemporary Interior Designs: A Comparative Analysis of Users' Preferences of Interior Space" Free Download
ARChive, Vol. 1, No. 1, 2017

HEBA BARAKAT ELNAGGAR, Arab Academy for Science and Technology & Maritime Transport

Egyptian heritage is known to be a result of many great civilizations. With various traditional elements and special features that add prominence to its cultural aspects, it carries magnificent aesthetic values and visual forms. Nonetheless, and due to the different nature of the cities and provinces in Egypt, styles and features in each region have taken different paths. For instance, Ancient Egyptians influenced some areas while others were more affected by Islamic or Coptic civilizations. Some regions were preserved in Nubian folk art heritage form. In the past, the country had a clear and unique identity that reflected its characteristics, environmental benefits and socio-cultural attributes. However, today the identity is faded and is nearly completely wiped by Western notions erasing our ideas, identities, and thoughts. This study focuses on the elements of heritage, their impact on people and the way these elements inspire interior architecture, form and psychology.

This study aims to discern the elements of heritage and identify the character and special criteria of each civilization such as the Ancient Egyptian, Islamic and Nubian folk art heritage with special references and clarifications as to the criteria of reviving the traditional identity in contemporary interior design. This study will also include an analysis of user preferences in relation to discussed features.

"Can Emerging Markets Tilt Global Product Design? Impacts of Chinese Colorism on Hollywood Castings" Free Download

MANUEL HERMOSILLA, Johns Hopkins University - Carey Business School
FERNANDA GUTIERREZ-NAVRATIL, Universidad Pública de Navarra
JUAN PRIETO-RODRIGUEZ, Universidad de Oviedo

In various cultural and behavioral respects, emerging market consumers differ significantly from their counterparts of developed markets. They may thus derive consumption utility from different aspects of product meaning and functionality. Based on this premise, we investigate whether the economic rise of emerging markets may have begun to impact the typical “one-size-fits-all? design of many international product categories. Focusing on Hollywood films, and exploiting a recent relaxation of China’s foreign film importation policy, we provide evidence suggesting that these impacts may exist and be non-negligible. In particular, we show that the Chinese society’s aesthetic preference for lighter skin can be linked to the more frequent casting of pale-skinned stars in films targeting the Chinese market. Implications for the design of international products are drawn.

"Altruists on the Campaign Trail? Civil Society Work as a Path to Political Office" 
ASA 2017 Annual Meeting Paper

KARISA T. CLOWARD, Southern Methodist University (SMU)
KEITH RICHARD WEGHORST, Vanderbilt University

As the number of civil society organizations (CSOs) operating in the global South has expanded over time, CSO workers have increasingly become candidates for political office. This phenomenon is puzzling, since political office holders traditionally come from the legal, business, and education professions. What is motivating CSO workers to enter politics? How are they able to leverage (alternative) resources and connections in order to appeal to political parties and voters? Are candidates with CSO backgrounds as competitive as candidates with other employment histories? Are some types of CSO workers more likely to win office than others, and are some types of office holders more likely to have a CSO background? Looking at the case of Kenya, this article draws on qualitative interviews with Kenyan members of parliament who come from civil society backgrounds, as well as on an original phone survey of national- and county-level candidates contesting Kenya's 2017 general election. The analysis shows that CSO work is often viewed strategically as a springboard to political office, because a civil society background builds relationships and good will on which aspiring politicians can trade. This is especially true for individuals for whom more traditional paths to political office are less available.

"Boys' Clubs and Boxing: Modern Colonial Sport, Youth, and the Growth of Urban Post-War Lagos" 
ASA 2017 Annual Meeting Paper


Donald E. Faulkner came to Enugu, Eastern Nigeria, in late 1937 as the new Assistant Director of Prisons. Trained as a Social Welfare Officer in Britain, Faulkner was an avid sportsman and boxer who believed in the importance of sport in the development of youth into men. During the war in 1941, Lagos was in the midst of a perceived increase in crime, prostitution, and juvenile delinquency, and Faulkner was hired to study the causes of this rise in juvenile crime. He found that Lagos contained hundreds of wayward, homeless youth living in the city and joining gangs. His recommendation was to create more leisure activities, spaces, and opportunities for these "troubled" young men and boys to learn the traits of amateur sportsmen to curb their deviant behavior and prepare them for productive and law-abiding lives in the city. Faulkner's report prompted the colonial office in London to appoint him as the first Social Welfare Officer in the British Empire. Himself a product of the Boys Club Movement (BCM) in Britain, Faulkner copied that model and created Boys' Clubs across Lagos, and in each he established boxing as one of the primary sports to teach boys and young men character, discipline, sportsmanship, and courage -- tools to survive the urban environment. By 1952, the BCM had spread across Nigeria. This paper will analyze the growth of the Boys' Club Movement in Nigeria by focusing on the heart of the movement in Lagos. The spread of clubs "like mushrooms" around Lagos after WWII reshaped the physical and sporting landscape of the city, one in which youth actively participated. Moreover, by analyzing the BCM, we can better appreciate the various ways that young men navigated the city and how he city changed in response to the activities of youth in their midst.

"Dreaming of Corporate Paternalism in DR Congo’s Environmental Enclaves" 
ASA 2017 Annual Meeting Paper

LYS ALCAYNA-STEVENS, College de France

Following the end of the Second Congo War in 2003, a stretch of equatorial forest between the Lopori and Luo rivers originally demarcated for the Abir Congo Company rubber concession in 1893, was reconceptualized as an ecologically sensitive ‘landscape’ to be integrated into a USAID regional initiative for the protection and management of Central African environments. The region has subsequently become a hub of environmental conservation projects. It is shepherded by a large international NGO, which works with partners in order to implement environmental and development projects. This paper takes the initial community meetings with one such partner organization in 2014, as a lens through which to understand the desire expressed by many villagers that coffee, rubber and palm oil corporations return to their territory and replace the NGOs.

"The Nature of the Crimes in the African Criminal Court" 
Journal of International Criminal Justice 15 (2017), 799 - 826
Florida International University Legal Studies Research Paper No. 17-45

CHARLES CHERNOR JALLOH, Florida International University College of Law

This article examines the distinction between ‘international’ and ‘transnational’ crimes in contemporary international legal literature. It considers this traditional division through the lens of the African Union (AU)’s Malabo Protocol, adopted in June 2014, which seeks to establish the first regional penal court with material jurisdiction over 14 crimes. The author argues that, while the international/transnational crimes distinction may be analytically convenient for scholars, the codification of both types of prohibitions into a regional treaty illustrates that some states are less concerned about adherence to crime categories and more interested in proscribing whatever conduct pose threats to their peace and security. While the Malabo Protocol has been controversial, because it is among other things perceived as an outcome of Africa’s backlash against the International Criminal Court and for its temporary immunity provision shielding sitting government officials from prosecutions, it is submitted that the merits of the AU instrument must be assessed on criteria other than whether it retains the conventional distinction between transnational and international crimes.

"Ludic Ubuntu in the Search for Transformative Justice" 
ASA 2017 Annual Meeting Paper

MECHTHILD NAGEL, State University of New York (SUNY), Cortland

The 1990s Truth and Reconciliation Commission uniquely popularized a Southern African ethical principle: Ubuntu which has been translated as shared humanity. In particular, it was championed by the TRC's chair Archbishop Desmond Tutu to encourage perpetrators of political crimes to "confess" or take responsibility and to press upon victims' families to forgive for the sake of reconciliation. This philosophy has been popularized around the globe in restorative justice contexts as well as transitional justice practices, from Indigenous Sentencing Circles to Rwanda's recent gacaca court proceedings. I will present a five-stage model, moving from "negative" Ubuntu (stage 1) to "positive" Ubuntu (stage 5), which I call a ludic Ubuntu (criminal justice) ethics. I focus on criminal justice contexts, but the model of ludic Ubuntu ethics could easily be mobilized beyond conflict resolution of the most serious kind, namely, in day-to-day human interactions. Stage 5 presents a glimpse into the utopian ideal of unconditional forgiveness and transformative justice. At this stage, play is non-violent (win-win) and a realization between parties settles in that sanctions are obsolete. Ubuntu ethics signifies the enduring yet fragile interconnectedness of life.

"The Lives of the DuBoises in Ghana, 1961-1963: The Silences, Thoughts, and Theorizing" 
ASA 2017 Annual Meeting Paper

ERIC KESSE, Michigan State University

Undoubtedly, the lives and works of W. E. B. DuBois and Shirley Graham DuBois have impacted historical subfields like Black Studies in tremendous ways. While the literature on these luminaries provides insightful accounts of their lives in the US and elsewhere, an in-depth analysis of their lives and works in Ghana (1961-1963) remains a subject of inquiry. More so, some of the scholarly works (like Gerard Horne's Race Woman) do not cohere with certain facts about the Du Boises's life and activities in Ghana. Drawing extensively from primary documents, this paper revisits the lives and works of W. E. B. and Shirley in Ghana from 1961 to 1963, examining and reconstructing the debates surrounding their intellectual and socio-political contribution to Ghana's post-independence reforms. Using the DuBoises as both historical figures and theoretical lenses, I explore the DuBoises' relationship with, and positionality to, Kwame Nkrumah's political ideology and government, which has been partly described as a corrupt regime. Through this exploration, I raise questions about Ghana's constitutional procedures (in the 1960s) for conferring citizenship on foreigners and engage with the cultural lives of the DuBoises vis-á-vis local Ghanaians and contemporaneous African American expatriates (such as Maya Angelou) in Ghana.


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