Immigration, Criminalization, and Disobedience

This symposium essay explores two contending visions of immigration justice: one focused on expanding procedural rights for immigrants, and a second associated with a movement of immigrant youth who have come out en masse as “undocumented and unafraid,” issuing a fundamental challenge to immigration restrictionism. As immigration enforcement in the United States increasingly relies on criminal prosecution and detention, advocates for reform have increasingly turned to constitutional criminal procedure, seeking greater procedural protections for immigrants. But this essay argues that this focus on enhanced procedural protections is woefully incomplete as a vision of immigration justice. Although a right to counsel, for example, may provide comfort and aid to certain vulnerable individuals, such procedural protections are unlikely to change the quasi-criminal character of immigration enforcement or to address the plight of the millions of people without a path to lawful status. Just as U.S. constitutional criminal procedure failed to ameliorate the harshness of substantive criminal law, more robust immigration procedural protections would likely fail to reorient immigration enforcement in a more humane direction. By contrast, a growing movement of immigrant *557 youth offers a more expansive conception of immigration reform. As these immigrant youth lay claim to a “right to remain,” infiltrate immigration detention centers, and crash the border, they have reshaped our political and legal discourse, gesturing towards an alternative vision of immigration justice

Confronting Criminal Law’s Violence: The Possibilities of Unfinished Alternatives

Confronting criminal law’s violence calls for an openness to unfinished alternatives — a willingness to engage in partial, in process, incomplete reformist efforts that seek to displace conventional criminal law administration as a primary mechanism for social order maintenance. But despite all indications that the status quo in U.S. criminal law administration is profoundly dysfunctional — an institutional manifestation of the deepest pathologies in our society — contemporary criminal law reform efforts and scholarship focus almost exclusively on relatively limited modifications to the status quo. These modifications may well render criminal law administration more humane, but fail to substitute alternative institutions or approaches to realize social order maintenance goals. In particular, these reformist efforts continue to rely on conventional criminal regulatory approaches to a wide array of social concerns, with all of their associated violence: on criminalization, policing, arrest, prosecution, incarceration, probation, and parole. Thus, even as these reformist approaches may offer substantial benefits, they remain wed to institutions that perpetrate criminal law’s violence and to limited temporal and imaginative horizons. By contrast, this essay explores a series of criminal law reform alternatives that offer more fundamental substitutes for criminal law administration. More specifically, this essay focuses on the possibilities of alternatives to criminal case processing that substitute for the order-maintaining functions currently attempted through criminal law enforcement. These alternatives hold the potential to draw into service separate institutions and mechanisms from those typically associated with criminal law administration. Further, these alternatives enlist on more equal footing and invite feedback and input from persons subject to criminal law enforcement. Importantly, this latter subset of reform alternatives is decidedly unfinished, partial, in process. I will argue that this unfinished quality ought not to be denied as an embarrassment or flaw, but instead should be embraced as a source of critical strength and possibility. In this dimension, this essay is a preliminary call for more attention on the part of legal scholars and criminal law reform advocates to unfinished partial substitutes for the order-maintaining work performed by criminal law administration — a call to attend further to as yet incomplete reformist alternatives that may portend less violent and more self-determined ways of achieving some measure of social order and collective peace. I begin to develop this argument by drawing, in particular, on the work of the Norwegian social theorist and prison abolitionist Thomas Mathiesen

CONFRONTING LAND FRAGMENTATION: OPPORTUNITIES FOR FEDERAL RESEARCH AND OUTREACH PROGRAMMING PARTNERSHIPS

Land Economics/Use,

Why good thoughts block better ones: The mechanism of the pernicious Einstellung (set) effect.

The Einstellung (set) effect occurs when the first idea that comes to mind, triggered by familiar features of a problem, prevents a better solution being found. It has been shown to affect both people facing novel problems and experts within their field of expertise. We show that it works by influencing mechanisms that determine what information is attended to. Having found one solution, expert chess players reported that they were looking for a better one. But their eye movements showed that they continued to look at features of the problem related to the solution they had already thought of. The mechanism which allows the first schema activated by familiar aspects of a problem to control the subsequent direction of attention may contribute to a wide range of biases both in everyday and expert thought - from confirmation bias in hypothesis testing to the tendency of scientists to ignore results that do not fit their favoured theories

Specialization effect and its influence on memory and problem solving in expert chess players

Expert chess players, specialized in different openings, recalled positions and solved problems within and outside their area of specialization. While their general expertise was at a similar level players performed better with stimuli from their area of specialization. The effect of specialization on both recall and problem solving was strong enough to override general expertise – players remembering positions and solving problems from their area of specialization performed at around the level of players one standard deviation above them in general skill. Their problem solving strategy also changed depending on whether the problem was within their area of specialization or not. When it was, they searched more in depth and less in breadth; with problems outside their area of specialization, the reverse. The knowledge that comes from familiarity with a problem area is more important than general purpose strategies in determining how an expert will tackle it. These results demonstrate the link in experts between problem solving and memory of specific experiences and indicate that the search for context independent general purpose problem solving strategies to teach to future experts is unlikely to be successful

Inflexibility of experts – Reality or myth? Quantifying the Einstellung effect in chess masters

How does the knowledge of experts affect their behaviour in situations that require unusual methods of dealing? One possibility, loosely originating in research on creativity and skill acquisition, is that an increase in expertise can lead to inflexibility of thought due to automation of procedures. Yet another possibility, based on expertise research, is that experts’ knowledge leads to flexibility of thought. We tested these two possibilities in a series of experiments using the Einstellung (set) effect paradigm. Chess players tried to solve problems that had both a familiar but non-optimal solution and a better but less familiar one. The more familiar solution induced the Einstellung (set) effect even in experts, preventing them from finding the optimal solution. The presence of the non-optimal solution reduced experts' problem solving ability was reduced to about that of players three standard deviations lower in skill level by the presence of the non-optimal solution. Inflexibility of thought induced by prior knowledge (i.e., the blocking effect of the familiar solution) was shown by experts but the more expert they were, the less prone they were to the effect. Inflexibility of experts is both reality and myth. But the greater the level of expertise, the more of a myth it becomes

Unimodality of steady state distributions of growing cell populations

We consider an equation for the evolution of growing and dividing cells, and show, using a result of Kato and McLeod, that the probability density function for the stationary size distribution is necessarily unimodal

Interventions for adjustment, impaired self-awareness and empathy

No abstract available

Experimental Verification of the Formation Mechanism for Pillar Arrays in Nanofilms Subject to Large Thermal Gradients

The free surface of molten nanofilms is known to undergo spontaneous formation of periodic protrusions when exposed to a large transverse thermal gradient. Early time measurements of the array pitch and growth rate in polymer melts confirm a formation process based on a long wavelength thermocapillary instability and not electrostatic attraction or acoustic phonon driven growth as previously believed. We find excellent agreement with theoretical predictions provided the nanofilm out-of-plane thermal conductivity is several times larger than bulk, an enhancement suggestive of polymer chain alignment