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Defining Disability in California State Law During the Twentieth Century
Get PDFThis dissertation traces the development and evolution of disability as a legal concept in California during the twentieth century. It begins by analyzing how disability came to be understood through a medical lens assessing an individual’s capacity to work from the late eighteenth century, through the nineteenth century, and into the early twentieth century.The second chapter shows how the California state legal system joined medical professionals in favoring expansion of private care at the expense of government-sponsored alternatives, while at the same time steering private care toward acceptance of group insurance over traditional fee- for-service. It pays particular attention to cases involving Kaiser Permanente’s group prepayment program as a model for expansion of private health care coverage that continued to exclude those in desperate need of care—the unemployed, those with disabilities, and those with lower incomes.
The third and fourth chapters turn to activists and state officials in California to illustrate how disability as a legal concept shifted from an emphasis on work, welfare, and rehabilitation to a focus on engagement, inclusion, and assimilation in all aspects of life through the independent living movement. The third chapter analyzes activists’ efforts to work with and against state officials to change how they were perceived and what opportunities they could pursue. The story of Cowell, Berkeley, PDSP and the Centers for Independent Living is a story of individuals who strove for individual freedom and then entered the halls of state power to steer those same expansions of freedom.
The fourth and final chapter reveals how activists could implement their reconceptualized definition of disability into state law through bureaucratic channels. Proud activists-turned- bureaucrats were able to work within the system that they had previously rebelled against to codify their vision of inclusion and assimilation in society through state funding that was necessary for independent living centers to operate. Ultimately, this dissertation analyzes the ways advocates inside and outside of state institutions can alter legal definitions and garner state support
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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Republican Monsters: The Cultural Construction of American Positivist Criminology, 1767-1920
Get PDFThis dissertation examines the history of and cultural influences on positivist criminology in the United States. From Benjamin Rush to the present day, the U.S. has produced an extensive corpus of empirical and theoretical studies that seeks to discern an objective, scientifically-grounded basis for criminal behavior. American positivist criminology has drawn on numerous subfields and theories, including rational choice / economic theory, biology, and psychology, but in all cases, maintains that a purely scientific explanation of offending is possible. This study proceeds from the perspective that divisions between scientific and non-scientific thought are untenable. Drawing on scholarship in literary criticism and sociology, I argue that positivist criminology confronts an inherent contradiction in purporting to develop a purely scientific account of phenomena that are defined by the moral and cultural sentiments of a society. I thus hypothesize that positivist criminology is in fact reliant on the irrational and fictive cultural tropes and images of crime that it claims to exorcize. The dissertation proceeds by reviewing the literature on the history of criminology, developing a set of functional types or tropes for character analysis, and then examining four separate periods in the development of scientific criminology: eighteenth century studies of rational action, nineteenth century studies of defective reasoning, early twentieth century studies of race and crime, and the development of scientifically informed criminalistics programs. Each of these cases captures a different period and focus in the development of scientific criminology. In threading continuity between these cases, I show how criminological positivism is consistently reliant on culturally informed tropes and characters to render itself sensible and coherent
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
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Law for the Octopus: Land Monopoly, Property, and the Crises of California Settler Society, 1840-1880
Get PDFThis dissertation analyzes the coalescence, rise, contestation, and fall of multiple jurisprudences of colonial property from the American plans to acquire Mexican Alta California in the 1840s to the adoption of the State’s revised constitution in 1879. It follows a cadre of lawyers as they seek to answer the apparently simple questions of who owned what, how much, and why? In this investigation it asks, how did these transformations of property law reflect and shape the larger development of American Empire? The arguments herein reflect and complicate classic theses on the liberalization of property and the demystification of law, and thereby the work makes significant contributions to the fields of American Legal History, Settler Colonial Studies, American Political Development, and the History of Capitalism.The first half of the dissertation excavates the consolidation of “equitable property.” Chapter one, “Guides to the Promised Land, 1841-1851,” uses an archive of settler guidebooks, geographies, and travel accounts along with prominent reformist writings, like those of George Evans, to analyze the natural legal logic of property. This legality combined themes of anti-legalism, radical Lockeanism, and Christian theology. Across three great questions of American colonization policy – the origin of land titles, policy toward Native Peoples, and the Free versus Slave colonization debate – Pacific settlers employed legal naturalism to craft a radical and genocidal form of Free Labor “settlement.” Chapter two, “California Redeemed, 1851-1861,” analyzes the changing moral, social, and political meanings of equitable property. Through the personal and professional papers of elite lawyers, newspapers, and court decisions, the chapter argues that uncertain ownership precipitated a “property crisis,” which then became a general political and social crisis. The equitable legal concepts of “fraud” and “redemption” enabled elite land lawyers, the judiciary, and the emergent bourgeoisie of California to negotiate and quiet these deadly property conflicts. However, this equitable legality took on a life of its own and was soon turned against the elite lawyers and the ascendant doctrines of liberalism in property law.The second half examines the partial disintegration of equity and the rise of anti-redistributive and “neutral” liberal law. In chapter three, “A Very Low Price, 1861-1871,” the work analyzes the material, legal, and ideological commodification of land and the articulation of a new model of American settler colonization of “cheap colonization.” This triple commodification, of land itself, of mortgage securities, and of wheat, marked a dramatic contrast with the moralistic and natural legality which preceded it. Land lawyers, especially those involved in global markets, increasingly understood land distribution as a matter of markets rather than justice. These two visions of law created a bloody conflict on Suscol Rancho and it became clear to lawyers that equitable property threatened society. To put it crudely, it was one thing to forcibly disposes Native Peoples and quite another to forcibly disposes white landlords. The final substantive chapter, “To Serve God or Mammon, 1871-1880,” narrates the rearguard actions of the equitable regime through Georgist thought, the Workingmen’s Party of California, and other countermovement to liberalism’s free market in land. While disunited, these radicals forced a Constitutional Convention in 1879 and the records of the convention form the archival backbone of this chapter. The records reveal a profusion of ideas on how law could constrain the problems of inequality in land ownership, but an overweening and racialist theory of property defused the anticapitalistic strain of equitable law. What seemed a last opportunity to reorganize American settler colonization became the last gasp of Jacksonian property. In the end, the new California Constitution retrenched the liberal order and marked the transformation of American colonial policy from old to new. Naturally, the conclusion sums up the work with a consideration of Frank Norris’s famous contemporary novel The Octopus (1901).
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
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Turbulence: Bound Workers and Labor Negotiations in Antebellum Maryland, 1789-1860
Get PDFIn antebellum America, “labor” was not a monolithic institution. Waged workers, enslaved hands, apprentices, and familial workers were each equipped with different tools for navigating life and work. While waged workers were free to move on when a better offer presented itself, slaves and apprentices were not. Using materials from Maryland and the Ottoman Empire, this dissertation uses comparative lenses to examine how bound workers negotiated with their employers (broadly construed) within the contours of that bondage. Chapter I begins with an examination of turbulence petitions in Maryland’s Orphans’ Courts. Maryland’s economy incentivized the liberal use of term slavery, in which an enslaved person was to be freed at a certain date. Slaveholders could file a turbulent slave petition in the Orphans’ or county court, requesting an extension of that bondage. Facially, these petitions chart a constellation of term slaves’ misbehavior and “recalcitrance,” as filtered through slaveholders’ irritation. However, they also offer a window into enslaved persons’ self-advocacy, its tools, and available tactics. Chapter II narrows its focus to labor negotiations specifically. Turbulence petitions represented a particularly grave rupture in the slaveholder-enslaved relationship, one which apparently demanded external intervention from the courts. Since enslaved Marylanders did not have possess strong avenues for official redress of labor abuses or complaints, they turned to self-help, tailored to address their particular grievances. Chapter III and Chapter IV shift focus to apprentices. Much like slaveholders, those who claimed the labor of apprentices could request an extension of service due to poor character and misbehavior. While turbulent apprentice petitions are largely identical to turbulent slave petitions, apprentices possessed a range of tools unavailable to term slaves. Many apprentices used breach of contract claims, definitional ineligibility for apprenticeship, and procedural flaws to contest the control of indenture holders. Chapter IV then turns to how indenture holders gained custody of children in the first place, and the abrupt way this putatively familial relationship terminated. Finally, Chapter V examines how freedpersons protected their liberty through social connections. Whether leveraging community ties, ongoing relationships with ex-slaveholders, or something akin to a patron-client relationship, freedpersons utilized Southern society’s expectations and biases to defend their liberty. 
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Free for a Moment in France: How Enslaved Women and Girls Claimed Liberty in the Courts of New Orleans (1835-1857)
Get PDFAn economic institution, slavery depended on a set of laws designed to protect owners of human property (Phillips 1918, Stampp 1956, Genovese 1976). One might expect that those at the bottom of the hierarchy—enslaved women and girls of African descent—would have no hope of lawfully contesting their status. Recent literature demonstrates that there were in fact many legal pathways to freedom (Schafer 1994, Brana-Shute and Sparks 2009, Gross and De la Fuente 2013). Much research has focused on Missouri, a borderland between free and slave states, whence Dred Scott’s claim emerged (Vandervelde 2015, Twitty 2016, Kennington 2017). This project focuses not on borderlands but on the Deep South. In the city with the largest slave market in the United States (Johnson 1999, Rothman 2005), it is surprising that opportunities to contest enslavement existed at all. This dissertation examines a subset of the cases that Judith Schafer (2003) identified in her survey study of New Orleans local court records. Between 1847 and 1850, a flurry of freedom suits descended upon the First District Court of New Orleans. Women and girls were the main legal actors. As domestic servants, they had been taken to France—a country whose legal institutions did not uphold slavery. Upon their return to New Orleans, these women and girls submitted petitions for freedom on this basis. Until 1852, white male judges affirmed their claims as valid under both local and international law.Inspired by socio-legal history and critical legal theory, several questions emerge. How did claimants develop a legal consciousness? How did they access justice? How did race and gender matter? A detailed focus on a small set of cases allows for an in-depth exploration of these questions. A micro-history set in motion, this project also follows the historical actors to relevant places (Scott and Hébrard 2012). Beginning in New Orleans, it then traces the claimants in French archives. It follows Judge John McHenry (who decided most of these cases at the first-instance) to California, where he moved on the eve of the Civil War.This project often ventures outside sources of traditional legal history (such as judicial opinions) in order to better understand law (Gordon 1984). In addition to trial records, New Orleans sources include sacramental records, wills, and the records of the city’s first African American Catholic congregation. French sources include antislavery literature, Abolitionist periodicals, and diplomatic correspondence. California sources include newspapers and personal letters.Both an Atlantic history and a legal history from below, this book presents law the way that claimants experienced it (see, e.g., McKinley 2016, Palmer 2016, Welch 2018). Chapter 1 is premised on the socio-legal assumption that all lawsuits begin as social disputes. This chapter reviews the precedent setting cases where the Supreme Court of Louisiana revived the French medieval maxim that “there are no slaves in [metropolitan] France” (Peabody 1996). Chapter 2 demonstrates that in the 1830s-40s, Paris was the center of a growing Abolitionist movement throughout the French Empire. American women and girls traveling there as domestic servants would have experienced deeply racist immigration and criminal laws, but also law’s emancipatory potentials. Chapter 3 follows the women and girls back to New Orleans, situating them within a broader network of free people of color. Petitioners did not act in isolation; freedom suits mobilized a community. Chapter 4 examines how legal professionals translated raw desires into legal claims. Professionalization of legal practice, not cause lawyering, explains how litigants accessed representation. Chapter 5 focuses on judgment: simple words that drastically changed litigants’ lives. From a structural point of view, the freeing of individual slaves is an integral part of slave law, serving the interests of the master class. By creating exceptions from some, it solidifies the general rule of slavery (Patterson 1982). But from an individual’s point of view, submitting a freedom petition is an act of resistance. Women and girls, not men and boys, emerge as the main legal actors. As members of intimate households, women were better placed than men to initiate legal proceedings. Because of the partus sequitur ventrem doctrine, the pay-off of an individual woman’s emancipation was higher. This project also responds to a narrative of Louisiana exceptionalism. Within Anglo-America, Louisiana was distinct in ways that mattered for enslaved people, and growing Anglicization of the legal system there shut off pathways to individual emancipation. On a wider international scale, however, Louisiana was not necessarily distinct but in fact well-connected to a French Atlantic network
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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