Markets, Democracy, and Ethnicity: Toward a New Paradigm for Law and Development

It is by now a commonplace that we are living in a period of radical global transformation. Particularly in the developing world, this transformation has had two watchwords: markets and democracy. Indeed, the reascendant teleology of free-market democracy has redefined the very concept of underdevelopment-a term that has shed its exclusively Third World trappings and today joins in a single embrace countries from Algeria to Azerbaijan, from Pakistan to Poland. Marketization and democratization each have been the site of massive Western legal intervention in the developing world. Legal work on marketization ranges from structuring international project finance to drafting market-oriented laws to developing legal regimes that facilitate the transition from command to market economies. Work on democratization includes not only writing constitutions but also grappling with formidable issues such as the transplantability of Western social and political institutions and postcommunist state building

State Fish Stocking Programs at Risk: Takings Under the Endangered Species Act

Part I of this article provides a brief background to fish stocking practices in the United States, including a discussion of beneficial fish stocking practices, as well as some of the allegations surrounding the detrimental effects. Part II of this article provides some necessary background on section 9 of the ESA, the “actual injury” prong, the “significant impairment” prong, and their application to fish stocking. Part III of this article sets forth recommendations for future clarification and increased consistency on these issues. Specifically, this article supports the use of two rules that can help reconcile the uncertain landscape surrounding a taking based on habitat modification. First, “actual injury” should be found where there is injury to either an individual or a population of protected species. Second, the degree of proof required to establish an “injury” where essential behaviors are impaired should be bifurcated into two tests, depending on which behavioral pattern is being adversely affected. Together, these rules can bring resolution not only to scenarios like fish stocking, but also to other future fact patterns scrutinized under the habitat modification analysis. Part IV of this article demonstrates how application of these rules to states can further the goals of the ESA, both through voluntary reevaluation of fish stocking programs, and through application for an Incidental Take Permit and corresponding Habitat Conservation Plan. These rules can provide two different paths to the same goal: to minimize adverse impacts to endangered and threatened species

Lessons From Mapping Jewish Education

Based on two previous reports on the foundation's support for Jewish education, explores implications and lessons for the role of national agencies and the need for long-term planning, fundraising, innovation, adapting to local contexts, and other issues

Dressing Up: Exploring the Fictions and Frictions of Professional Identity in Art Educational Settings

What fictions do we tell ourselves in order to teach? How do our stories as educators impact how we see our learners? Building from auto-ethnography research I begin with the personal and then invite co-participants to further illuminate a shared experience (Chang, 2008). In this example, I highlight the self-reflective work toward revealing and concealing identities associated with “teacher.” Using collage pedagogy (Garoian & Gaudelius, 2008), students in a pre-service art education class, created paper doll narratives marking and unmarking themselves through collaged backdrops and clothing choices which performed identities that would impact their role of teacher. Future teachers also “undressed” themselves from fashions that impeded their abilities to see their students beyond stereotypes. Through the design of the dolls and reflexivity, we examined the frictions of identity and representation within the larger social, political, or institutional landscapes of what it means to be “teacher/student” in the 21st century school sphere