Machine Readable Race: Constructing Racial Information in the Third Reich

This paper examines how informational processing drove new structures of racial classification in the Third Reich. The Deutsche Hollerith-Maschinen Gesellschaft mbH (Dehomag) worked closely with the government in designing and integrating punch-card informational systems. As a German subsidiary of IBM, Dehomag’s technology was deployed initially for a census in order to provide a more detailed racial analysis of the population. However the racial data was not detailed enough. The Nuremberg Race Laws provided a more precise and procedural definition of Jewishness that could be rendered machine-readable. As the volume and velocity of information in the Reich increased, Dehomag’s technology was adopted by other agencies like the Race and Settlement Office, and culminated in the vision of a single machinic number for each citizen. Through the lens of these proto-technologies, the paper demonstrates the historical interplay between race and information. Yet if the indexing and sorting of race anticipates big-data analytics, contemporary power is more sophisticated and subtle. The complexity of modern algorithmic regimes diffuses obvious racial markers, engendering a racism without race

Consumer Protection for Latinos: Overcoming Language Fraud and English Only in the Marketplace

Non-English-speaking consumers deserve the same protection as other consumers, and thus, this article advocates guarantees for their ability to strike informed bargains. To safeguard consumers most vulnerable to unfair and deceptive trade practices, this article contemplates a comprehensive strategy of reform that involves the legislatures, administrative agencies, and courts, as well as nonprofit organizations that advocate for language minorities and merchants themselves. Part I examines the growth in numbers of monolingual Latino/a consumers and documents their experience in the American marketplace. Part I also explores the shortcomings of existing remedies under the common law and consumer protection regulation when applied to non-English-speaking consumers. Part II details potential obstacles to establishing effective consumer protection for Latinos/as and other language minorities. English language movement\u27s repeated calls for a sink or swim standard for language minorities in settings ranging from the classroom to the voting booth. The anti-immigrant climate that spawned California\u27s Proposition 187 may also impede reform efforts. Part III proposes reforms to common law remedies and to statutory consumer protection to place more responsibility on businesses when they deal with language minority consumers. Part III also provides a model of self-regulation for merchants who desire to accommodate these consumers. Finally, the article revisits President Kennedy\u27s consumer bill of rights from the point of view of Latino/a consumers. Due to the large number of monolingual Spanish-speaking Latinos/as in the American marketplace, this article focuses on these consumers. Much of the analysis and proposed reforms, however, extend to other language minority groups

The theory, process, and outcomes of culturally adapted psychotherapy and psychosocial interventions

Massive demographic changes have coincided with rise of the importance of evidence-based treatment among the health sciences and widespread awareness of the failure of psychology to address and serve the mental health needs of historically underrepresented groups. Researchers, theorists, and clinicians demand that empirically supported treatments be adapted to better address and better fit clinical needs. Based on existing approaches in the literature, this dissertation presents a four-part model of cultural adaptation of psychological interventions and reviews 101 current culturally adapted empirically supported treatments through the lens of this model. The dissertation project comprehensively describes the current state of the field in terms of the theoretical bases, processes, and outcomes of culturally adapted psychotherapy and psychosocial interventions in the context of evidence-based practice, provides suggestions, and illuminates implications for future research and practice

Human rights:A secular religion with legal crowbars. From Europe with hesitations

This contribution offers to steer a discussion on the constitutive stance of fundamental rights in Western legal systems. The story of the democratic constitutional state, a story of rule of law and human rights, is an already 250 year old utopia, which strangely persists despite long-standing patterns of slavery, war, torture, poverty, hunger, deportations, racism, and other unfavorable matters to human rights. This paper aims at questioning this perpetual paradox. After a historical assessment of human rights, we maintain that the traditional narrative emerges as the result of an interchangeable religious process: human rights as the gospel of a secular religion. Despite this, our perspectives on the rights apparatus can be adjusted by a more realistic vision of legal practices. Under certain conditions, human rights can function as legal crowbars in courts. With the crowbar metaphor, we adopt a constructive and pragmatic approach to human rights. Yet, what stands out is an expectation to move beyond the human rights axioms, rather than an endeavor to fix them. Ultimately, we suggest that other less toxic frameworks could replace traditional human rights narratives as constructs that may better realise our hopes

The Components of Marketing Capability : a framework and processes of knowledge integration for development

Although organisational capabilities have been recognised as a key source of competitive advantage, the empirical understanding of marketing capability and its associated components is still relatively under-developed. There is little consistency in approaching what constitutes organisational marketing capability, proposed conceptual frameworks have not been empirically tested and little attention has been paid to how organisational marketing capabilities are developed over the longer term. The purpose of this study was to empirically test how proposed conceptual frameworks of marketing capabilities match real-life organisational marketing capabilities, explore which marketing resources act as inputs into marketing capability and how these resources are transformed into marketing capability. The following key questions were answered: what are components of marketing capability in real-life organisational contexts, what resources inputs does it incorporate and how are these resources transformed into capabilities? This study employed an innovative (in this theoretical context) multiple embedded case study design using multiple data sources to provide a rich and detailed understanding of marketing capability. The target population for the cases was any South African organisation marketing products and services to domestic consumers/ customers. Based on this definition, four company cases were identified, representing the two target groups (business to business and business to customer) as well as products and services. Data was derived from 22 in-depth interviews with multiple interviews conducted for each case, as well as documentation and archival records. This study contributes at the theoretical level by developing a framework of marketing capability and sub-capabilities, providing an enhanced understanding of the nature of marketing knowledge resources underpinning marketing capability and outlining the mechanisms that integrate marketing knowledge resources in the development of marketing capability and sub-capabilities. At practitioner level, the findings can contribute to enhancing effective marketing within organisations by providing a route to building stronger underlying marketing capabilities, which in turn will improve competitiveness.Thesis (DBA)--University of Pretoria, 2018.Gordon Institute of Business Science (GIBS)DBAUnrestricte

Three Arguments About War

The rise of the United States as a military power capable of mounting global warfare and subduing domestic rebellions has helped produce a corresponding shift in the language of liberal constitutionalism. Arguments invoking war have become prevalent, increasingly creative and far-reaching, and therefore an emerging threat to rule of law values. It is not only legal limits on the capacity to wage war that have been influenced by the ascendance of war-inspired discourse; seemingly unrelated areas of law have also been reshaped by talk of war, from the constitutional rules of criminal procedure to the promise of racial and sexual equality to First Amendment freedoms. This article starts to fill gaps in our understanding of America’s war saturated legal culture. It does so by defining the practice of war constitutionalism, drawing on rich examples from our past, identifying some of the most frequently occurring forms, and evaluating the rule of law concerns posed by each mode of war-dependent argumentation. Three major arguments are scrutinized systematically: the war justification, which relies on a claim about a live conflict; the war legacy, a historical-ethical argument drawing legal lessons from a nation’s war experience; and the war metaphor, which figuratively describes a public policy issue in war-like terminology