Tag Archives: Vulnerability

Feminist Friday March 3: “Vulnerability, Equality and Environmental Justice: The Potential and Limits of Law” Professor Sheila Foster,

The paper is linked below and a brief description provided.

Institute for Feminist Legal Studies Feminist Friday March 3 

1230-230 in Osgoode Hall Law School 2027  RSVP HERE: www.osgoode.yorku.ca/research/rsvp

“Vulnerability, Equality and Environmental Justice: The Potential and Limits of Law” Professor Sheila Foster,

Vulnerability, Equality & Environmental Justice: The Potential and Limits of Law Professor Sheila R. Foster (Fordham Law) Friday March 3 1230-230 2027 Osgoode Hall Law School Ignat Kaneff Building http://bit.ly/RSVPOSGOODESheila R. Foster is University Professor and the Albert A. Walsh Professor of Real Estate, Land Use and Property Law at Fordham University. She is also the faculty co-director of the Fordham Urban Law Center. She served as Vice Dean of the Law School from 2011-2014 and Associate Dean for Academic Affairs from 2008-2011. Professor Foster is the author of numerous publications on land use, environmental law, and antidiscrimination law. Her early work was dedicated to exploring the intersection of civil rights and environmental law, in a field called “environmental justice.” Her most recent work explores the legal and theoretical frameworks in which urban land use decisions are made. Land use scholars voted her article on Collective Action and the Urban Commons (Notre Dame Law Review, 2011) as one of the 5 best (out of 100) articles on land use published that year. Professor Foster is the recipient of two Ford Foundation grants for her on environmental justice and urban development. Professor Foster is also the coauthor of a recent groundbreaking casebook, Comparative Equality and Antidiscrimination Law: Cases, Codes, Constitutions and Commentary (Foundation Press, 2012). She has taught and conducted research internationally in Switzerland, Italy, France, England, Austria, Colombia, Panama, and Cuba.

In this paper and talk, Prof. Foster suggests that one way to “to better integrate equality norms into environmental decision making — is through the lens of vulnerability. From an equality standpoint, legal theorists have advanced vulnerability as an alternative to the limitations of anti discrimination law and as a more robust conception of the role of the state in protecting vulnerable populations. In the environmental context, social vulnerability analysis and metrics have long been employed to assess and address the ways that some subpopulations are more susceptible to the harms from climate change and environmental hazard events like hurricanes and floods. The use of vulnerability, either as a policy framework or as social science, has not been utilized much in the pollution context to capture the array of factors that shape the susceptibility of certain places and populations to disproportionate environmental hazard exposure. This limitation suggests that a fertile area of research is how to utilize vulnerability metrics in regulatory and legal analysis to better protect these populations and communities.”

All are welcome to join us for this talk.  Lunch will be available, so please do RSVP so that we can ensure sufficient quantity

 

Just what you wanted: An Uncomfortable Conversation (in Atlanta) CFP

Osgoode’s Stu Marvel is down in Atlanta at Emory on a Post-Doc with the Vulnerability and the Human Condition initiative there.  She send this CFP. Deadline for proposals, May 29.  Something to turn to when your marking is done, perhaps?To catch up, resources on vulnerability and resilience can be found on the VCH Initiative website, here.

An Uncomfortable Conversation: Vulnerabilities and Identities:  September 14-15, 2012

Emory University School of Law, Gambrell Hall, Room 575, 1301 Clifton Road, Atlanta 30322

Critical legal scholars have long focused on identity, both highlighting the extent to which the law either protects or subordinates individuals based on their identity categories and also considering the ways in which identity classifications themselves are constructed and mediated by legal thought and culture. Recent movements in critical legal studies have contemplated the institutional and social conditions structuring inequality, including those that overlap with identity frameworks, such as intersectionality theory, as well as paradigms reaching beyond identity to more universal categories such as human rights, capabilities and, more recently, vulnerability.

This workshop seeks to explore the relationships between identity and vulnerability, as well as those between particularity and universality, with an emphasis on the ability of these concepts to deepen existing critiques of legal liberalism and advance questions of substantive justice.

We will examine the possibilities and problems associated with organizing critical legal theory around specific identity categories such as race, gender, or sexual orientation, on one hand, and more universal categories, such as vulnerability or dependency, on the other. Central to this investigation is how we examine and evaluate the impact of both identity-based and universality-based critical theory on the state and institutions organized to provide education, social welfare, employment and training, healthcare, environmental policy, family structure, and cultural recognition. In considering the recent revitalization of purportedly universal or “post-identity” approaches, we ask how these frameworks approach systemic disparities in access, opportunity and resources differently from identities analyses. Specifisec areas of inquiry might include consideration of these issues and questions in the context of feminisms, critical race theory, intersectionality, queer studies, disability, poststructuralism, transnationalism, political and the “class crits” movement.

Guiding Questions:

What are the relationships between vulnerability and identity/universality and particularity?

In what ways do both vulnerability and identity approaches inform or undermine each other?

Do more universal approaches to critical theory simply replicate existing identity paradigms in different forms?

Does identity enable us to think more complexly about the limits of universality? Is the reverse also true?

What is lost or gained by a “post-identity” approach to social justice issues? By an identity-focused approach? Can they be combined?

How do increasingly hostile majority reactions to identity-informed law and policy, like affirmative action, undermine the effectiveness of identity politics and identity-based critical theory?

How does competitiveness over scarce resources influence the shaping of identity politics and/or appeals to universality?

How are identity-based approaches to critical legal theory outside the US context different than within?

Where and to what extent do identity categories magnify balkanization, thus undermining coalitions?

How can identity categories advance social and legal organizing?

How does the state manufacture and maintain the salience of both identity-based and universality-based critical theory?

What does it mean to label something “post-identity”?

Are more universal frameworks necessarily post-identity?

When are some modes of subordination and marginalization more situational and specific and how are these related to identity? To vulnerability?

Workshop Contacts:

Martha Albertson Fineman, Emory University School of Law, mfineman@law.emory.edu

Frank Rudy Cooper, Suffolk University Law School, fcooper@suffolk.edu

Osamudia James, University of Miami School of Law, ojames@law.miami.edu

Katie E. Oliviero, FLT Postdoctoral Fellow, Emory School of Law, koliviero@emory.edu

Submission Procedure:

Please email a paper proposal by Tuesday, May 29th to Emily Hlavaty, FLT Program Coordinator: emily.hlavaty@emory.edu

Decisions will be made by ­­­­mid June and working paper drafts will be due September 4th so they can be distributed prior to the Workshop.

 

Workshop Details:

The Workshop begins Friday at 4PM in room 575 of Emory Law School (1301 Clifton Rd, Atlanta, GA), followed by dinner in the Hunter Atrium. Panels continue on Saturday from 9:30 AM to 5PM. Breakfast and lunch will be provided.

 

 

An Uncomfortable Conversation: Vulnerabilities and Identities 
September 14-15, 2012

Emory University School of Law, Gambrell Hall, Room 575, 1301 Clifton Road, Atlanta 30322

Critical legal scholars have long focused on identity, both highlighting the extent to which the law either protects or subordinates individuals based on their identity categories and also considering the ways in which identity classifications themselves are constructed and mediated by legal thought and culture. Recent movements in critical legal studies have contemplated the institutional and social conditions structuring inequality, including those that overlap with identity frameworks, such as intersectionality theory, as well as paradigms reaching beyond identity to more universal categories such as human rights, capabilities and, more recently, vulnerability. This workshop seeks to explore the relationships between identity and vulnerability, as well as those between particularity and universality, with an emphasis on the ability of these concepts to deepen existing critiques of legal liberalism and advance questions of substantive justice.  

 

We will examine the possibilities and problems associated with organizing critical legal theory around specific identity categories such as race, gender, or sexual orientation, on one hand, and more universal categories, such as vulnerability or dependency, on the other. Central to this investigation is how we examine and evaluate the impact of both identity-based and universality-based critical theory on the state and institutions organized to provide education, social welfare, employment and training, healthcare, environmental policy, family structure, and cultural recognition. In considering the recent revitalization of purportedly universal or “post-identity” approaches, we ask how these frameworks approach systemic disparities in access, opportunity and resources differently from identities analyses. Specific areas of inquiry might include consideration of these issues and questions in the context of feminisms, critical race theory, intersectionality, queer studies, disability, poststructuralism, transnationalism, political and the “class crits” movement.

Workshop Contacts:

Martha Albertson Fineman, Emory University School of Law, mfineman@law.emory.eduFrank Rudy Cooper

, Suffolk University Law School, fcooper@suffolk.eduOsamudia James,

University of Miami School of Law, ojames@law.miami.eduKatie E. Oliviero,

FLT Postdoctoral Fellow, Emory School of Law, koliviero@emory.edu 

Submission Procedure:

Please email a paper proposal by Tuesday, May 29th to Emily Hlavaty, FLT Program Coordinator: emily.hlavaty@emory.eduVarious resources on vulnerability and resilience can be found on the VCH Initiative website: Here 

Decisions will be made by ­­­­mid June and working paper drafts will be due September 4th so they can be distributed prior to the Workshop.

Workshop Details:

The Workshop begins Friday at 4PM in room 575 of Emory Law School (1301 Clifton Rd, Atlanta, GA), followed by dinner in the Hunter Atrium. Panels continue on Saturday from 9:30 AM to 5PM. Breakfast and lunch will be provided. 
Guiding Questions:

  • What are the relationships between vulnerability and identity/universality and particularity?
  • In what ways do both vulnerability and identity approaches inform or undermine each other?
  • Do more universal approaches to critical theory simply replicate existing identity paradigms in different forms?
  • Does identity enable us to think more complexly about the limits of universality? Is the reverse also true?
  • What is lost or gained by a “post-identity” approach to social justice issues? By an identity-focused approach? Can they be combined?
  • How do increasingly hostile majority reactions to identity-informed law and policy, like affirmative action, undermine the effectiveness of identity politics and identity-based critical theory?
  • How does competitiveness over scarce resources influence the shaping of identity politics and/or appeals to universality?
  • How are identity-based approaches to critical legal theory outside the US context different than within?
  • Where and to what extent do identity categories magnify balkanization, thus undermining coalitions?
  • How can identity categories advance social and legal organizing?
  • How does the state manufacture and maintain the salience of both identity-based and universality-based critical theory?
  • What does it mean to label something “post-identity”?
  • Are more universal frameworks necessarily post-identity?
  • When are some modes of subordination and marginalization more situational and specific and how are these related to identity? To vulnerability?

 

This email was sent to emily.hlavaty@emory.edu by emily.hlavaty@emory.edu |

 

Emory University School of Law | 1301 Clifton Road | Atlanta | GA | 30322

Documentation, Documentary, and the Law: What Should be Made of Victim Impact Videos? Grad Seminar, Prof Regina Austin (Feb 2, 2012)

See information in PDF form: here.

Graduate Seminar with Prof Regina Austin of UPenn Law,  IFLS Betcherman Distinguished Visitor 11-12
February 2, 2012 (2:30-4:30PM) Rm 2010

Professor Austin will meet graduate students (and any interested J.D. students) to discuss her draft paper Documentation, Documentary, and the Law: What Should be Made of Victim Impact Videos? (click for access to the paper through SSRN).

Professor Austin’s faculty bio is here and information about her public lecture on Tuesday January 31 is here. She is a leading authority on economic discrimination and minority legal feminism. Her work on the overlapping burdens of race, gender, and class oppression, recognized for its insight and creativity, has been widely reprinted. She is also director of the Penn Program on Documentaries & the Law. In addition to making extensive use of documentaries in her traditional courses, Austin teaches a visual legal advocacy seminar in which the students make short videos on behalf of public interest clients and causes.
The format of this graduate seminar is a student-led round-table discussion exploring dimensions of vulnerability & victimhood, criminal law, evidence, and the dilemmas of allowing victim impact evidence through the lens of Professor Austin’s paper.

“Abstract: Since the Supreme Court sanctioned the introduction of victim impact evidence in the sentencing phase of capital cases in Payne v. Tennessee, 501 U.S. 808 (1991), there have been a number of reported decisions in which that evidence has taken the form of videos composed of home-produced still photographs and moving images of the victim. Most of these videos were first shown at funerals or memorial services and contain music appropriate for such occasions. This article considers the probative value of victim impact videos and responds to the call of Justice John Paul Stevens, made in a statement regarding the rejection of certiorari in People v. Kelly, 129 S.Ct. 564 (2008), for the articulation of reasonable limits on the admission of victim impact evidence.

The first part of the article offers an analysis of victim impact videos drawing on the lessons of cinema studies and cultural studies. …. However, impact videos may be particularly important evidence for the members of devalued or denigrated groups who fall outside of generally accepted images of ideal victims. The second part of the article deals with an actual case in which the subject of the video was a young Latina mother, felled by domestic violence, whose character was attacked as part of the effort to mitigate her husband’s sentence. He wound up with a judgment of life without the possibility of parole. Here the article considers how the victim impact video might have been more probative and the response of the defense to it, more likely to produce a less harsh punishment. ….. Finally, the conclusion offers recommendations for the admission of victim impact videos.”

Canadian law allows victim impact statements both at sentencing and in National Parole Board hearings, but videos (beyond a straightforward shot of the author reading their statement) are not permitted.

Read the paper & come prepared to discuss issues in a seminar format.

Please RSVP to Lielle Gonsalves at Lgonsalves@osgoode.yorku.ca

Professor Austin is ALSO  giving a public lecture on January 31: Tuesday, January 31, 2012 Osgoode Hall Law School (IKB) 2003 2:30 – 4 p.m. RSVP: 416-736-5586 InstituteFLS@osgoode.yorku.ca  on Visual Legal Advocacy and Social Justice for Women.

CFP: Privatization and Social Responsibility (Feminist Legal Theory Project: Vulnerability)

Atlanta.  In February.  Short turn around time on proposals, but there is flexibility.

This one came via Osgood Grad student and excellent much missed person Stu Marvel, now visiting at Atlanta.  The topic is an important one and ripe for cross-border conversations.  The Conference is Feb 17-18, and the due date for proposals  is December 8, with some flexibility. I’m sure there is a paper to be written here on the attempt to “gender” Ontario’s most recent Social Assistance Review (likewise I am intrigued by the statistics around the digital divide in the US and note the increasing delivery of state services through this non state medium).  Finally, it does seem that the Attawapiskat “crisis” (in quotes because of the variety of different interpretations of what the crisis actually consists of, not because I doubt one exists) and the discussion around “solutions” could be located within the scope of this call.

Enough of me.  Go and draft your ticket to the land of coca cola (among many other things):

SUBMISSIONS PROCEDURE Email a paper proposal by by Thursday, December 8th to Emily Hlavaty, FLT Program Coordinator: emily.hlavaty@emory.edu Decisions will be made prior to the holidays and working paper drafts to be duplicated and distributed prior to the Workshop will be due January 30th.

 

PRIVATIZATION AND SOCIAL RESPONSIBILITY February 17th and 18th, 2012
Emory University School of Law, Atlanta, Georgia [PDF of the call here]

This workshop explores from a cross-cultural perspective how privatization impacts contemporary feminist and social justice approaches to public responsibility. Feminisms have long problematized divisions between the private and the political, partly in reaction to the unprecedented privatization of state responsibilities and public welfare over the past 30 years. Recent critical legal scholarship on vulnerability, state negligence, and resilience can complicate and deepen our understanding of the problems generated by privatization in the 21st century.
We invite papers that explore the effects of diverse forms of privatization from national and cross-national perspectives. Disciplinary and interdisciplinary papers exploring the effects of these privatizations on institutions, individuals, society, welfare, education, healthcare, capitalism, government, military and law are welcomed. State regulation, particularly in the form of socioeconomic welfare, is frequently criticized for policing individual choices and perpetuating social and legal forms of violence. We are particularly interested in how a feminist or progressive analysis of state institutional involvement might mitigate these negative effects and the impact of privatization.

This workshop is the most recent in a series examining the political and theoretical possibilities inherent in thinking about justice and state responsibility in terms of human “vulnerability.”  It builds upon earlier sessions expanding our understandings of vulnerability as a constant part of the human condition that is universal, even as it may be experienced in particular and uneven ways.

These discussions are grounded in the work of the Vulnerability and Human Condition Initiative, founded by Professor Martha Albertson Fineman, and aim to carve out academic space within which scholars can imagine models of state support and legal protection that focus on the commonalities of the human condition – most centrally the universal vulnerability of human beings and the imperfection of the societal institutions created to address that vulnerability.  For more information on the Vulnerability and Human Condition Initiative please visit: http://web.gs.emory.edu/vulnerability/about/index.html

CFP: Feminism and Legal Theory Project at Emory: Structuring Resilience

Click here for full CFP.

Paper Proposals due September 19

Conference December 2-3, 2011

“Resilience” is found in the access we have to the institutional, economic, material and other resources that give us the ability to respond to uncertainty, as well as the misfortunes and opportunities that present themselves in our lives.  If vulnerability is generated and/or exacerbated by the unpredictability and asymmetrical access to resources that structure so much of our lives, then resilience, not invulnerability, is appropriately theorized as the opposite of vulnerability.