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American Bar Foundation
2007 Graduate Student Paper Competition AnnouncementAuthor(s): Anya Bernstein, Cheng-Yi Huang and Leandra ZarnowSource: Law & Social Inquiry, Vol. 32, No. 3 (Summer, 2007)Published by: Wiley on behalf of the American Bar FoundationStable URL: http://www.jstor.org/stable/20108718 .
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2007 Graduate Student Paper Competition Announcement We are pleased to announce the results of Law and Social Inquiry's 2007
Graduate Student Paper Competition. The co-winners are: Anya Bernstein
(PhD candidate, Anthropology Department, University of Chicago), Cheng Yi Huang (JSD candidate, University of Chicago Law School), and Leandra
Zarnow (PhD candidate, Department of History, University of California?Santa
Barbara). The Editors offer their sincere congratulations to all three authors.
The winning papers will be published during 2008 in a forthcoming issue of the Journal. In the meantime, we are pleased to take this opportunity to honor and acknowledge our winning authors and to supply readers with
the abstracts of their papers as a foretaste of what to expect.
The Social Life of Regulation in the Taipei City Government
Anya Bernstein
Looking at the role of law in the work of administrators in the Taipei, Taiwan city government, I find that laws play an important role in the self
presentation of state agencies to the international community. But in the
actual work of administration, legality is a relatively slight, and a relatively
morally devalued, factor. State action is generally figured in the same terms
as other social action?held up to an ideal of consensus and cultural coherence
and judged by its ability to fulfill obligations and nurture ongoing relationships. This research has implications for our understanding of democracy's many
different manifestations, while also making a methodological contribution
to an interculturally portable conception of the legal consciousness.
Enacting the "Incomprehensible China": International Circulation of Legal
Knowledge and Japanese Reconstruction of the Qing Empire, 1903-1915
Cheng-Yi Huang
Japanese colonialism, since its debut at the end of the nineteenth
century, had a great ambition to reformulate Chinese law and politics. One
? 2007 American Bar Foundation.
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LAW & SOCIAL INQUIRY
of the monumental works undertaken by the Japanese colonial government in Taiwan, The Administrative Law of the Qing Empire (Shinkoku Gy seih), functioned to advise the Chinese government on how it should modernize
its law and politics. In this paper, I examine the hybridized legal analysis in
The Administrative Law of the Qing Empire and articulate how it reconstructed
the Chinese politico-juridical order through the lens of modern European
jurisprudence. In addition, I examine how the Japanese legal scholars who
produced The Administrative Law of the Qing Empire located their cultural
identity in the process of reinterpreting imperial Chinese law. My analysis
helps to identify not only the political ambition of the Japanese project of
civilizing China, but also, through it, Western legal knowledge's hidden
epistemological colonization of East Asia. In general, the enterprise of
Japanese legal reconstruction in the early twentieth century helps us to
rethink the legal sensibilities that were lost in the process of transnational
reinterpretation of both imperial Chinese law and modern European law.
In the process of illuminating the previous century's structural transformation
of East Asian law, the paper reveals a multifaceted confrontation of worlds
of meaning.
Braving Jim Crow to Save Willie McGee: Bella Abzug and the Fight for Civil Rights, 1948-1951
Leandra Zarnow
This article considers the role of Bella Abzug, lead counsel for Willie
McGee from 1948-1951, in shaping the legal defense of this Mississippi rape case during the appeals process. Arguably the greatest cause celebr? of the
American Left since Scottsboro, no case left a more indelible mark on Abzug than representation of McGee. Equally so, Abzug's race- and sex-based argu
ment expressed most vividly beginning in 1950, reshaped McGee's legal defense by exposing the sexual color line at the heart of this Southern rape case argued at the height of Jim Crow and the domestic Cold War. The
article contends that Abzug's decision to bring her client's assertion that he
had a consensual interracial relationship with his accuser, white woman
Wiletta Hawkins, into the legal record, was her greatest contribution to civil
rights legal discourse. In so doing, she urged the courts, as well as liberal
civil rights lawyers, albeit unsuccessfully, to pursue a more radical civil rights
agenda than outlawing public segregation, as ultimately achieved in Brown
v. Board of Education.
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