218 research outputs found

    The New Racial Justice: Moving Beyond the Equal Protection Clause to Achieve Equal Protection

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    Since handing down Washington v. Davis and Arlington Heights v. Metropolitan Housing Development, the United States Supreme Court has significantly curtailed the ability of plaintiffs to bring disparate impact claims under the Equal Protection Clause. Many academics continue to talk about the standards governing intent and disparate impact. Some recent scholarship recognizes that reformers on the ground have shifted away from equality-based claims altogether. This Article contends that civil rights advocates replaced the old equal protection framework some time ago and that they did so deliberately and with great success. It expands upon and refines the strategy shift some scholars have identified, with a particular focus on racial inequality, the foundation on which equal protection rests. It does so by focusing on three particularly timely reform movements: indigent defense reform, the fight to end the school-to-prison pipeline, and challenges to immigration-related laws. The Article uses these various reform movements to identify and analyze the true breadth of the new racial justice reformers have wrought

    Reviving the Declaratory Judgment: A New Path to Structural Reform

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    Rhetorical moves and identity performance in online child sexual abuse interactions

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    Online child sexual abuse (OCSA) is a pervasive problem facilitated by the anonymity afforded to offenders online. From a largely social constructionist perspective, this thesis explores linguistic expressions of identity by participants across a range of OCSA interactions, including offenders and suspected offenders, victims, and undercover police officers. The thesis is structured around three individual studies, each involving a different abusive interaction type. Each study employs Swales’ (1981; 1990) move analysis framework, exploring how participants use rhetorical moves as a resource for identity performance. Study 1 concerns a convicted offender who strategically cycled through numerous adopted personas when interacting with victims online. It considers his performance of various identity positions through his use of rhetorical moves across different personas. One persona is found to diverge significantly from the rest, and is identified as a possible reflection of the offender’s ‘home identity’. Study 2 considers interactions between suspected offenders and undercover police officers posing as offenders. It compares the participants’ move use and explores linguistic realisations of supportive exchanges, finding that aside a few notable differences, undercover officers perform the offender identity similarly to genuine suspected offenders. Study 3 explores dark web forum posts authored by ‘newbies’ attempting to join existing online communities of suspected offenders. It examines the identity positions performed in the posts and considers how positions of competence and expertise contribute to the persuasive process of seeking membership into online offending communities. Taking findings from these studies, the thesis discusses the possible contributions of move analysis to OCSA research and how rhetorical moves are used as a resource for identity performance, and offers an approach to identity analysis based on rhetorical moves. It concludes by arguing for move analysis as a useful goal-centred approach to identity investigation and describes potential implications of this work for law-enforcement, education and research

    Deceptive identity performance:Offender moves and multiple identities in online child abuse conversations

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    This article provides a case study of deceptive online identity performance by a convicted child sex offender. Most prior linguistic and psychological research into online sexual abuse analyses transcripts involving adult decoys posing as children. In contrast, our data comprise genuine online conversations between the offender and 20 victims. Using move analysis (Swales 1981, 1990), we explore the offender’s numerous presented personas. The offender’s use of rhetorical moves is investigated, as is the extent to which the frequency and structure of these moves contribute to and discriminate between the various online personas he adopts. We find from eight frequently adopted personas that two divergent identity positions emerge: the sexual pursuer/aggressor, performed by the majority of his online personas, and the friend/boyfriend, performed by a single persona. Analysis of the offender’s self-describing assertives suggests this distinctive persona shares most attributes with the offender’s ‘home identity’. This article importantly raises the question of whether move analysis might be useful in identifying the ‘offline persona’ in cases where offenders are known to operate multiple online personas in the pursuit of child victims

    Who Goes, Who Stays, and Who Studies? Gender, Migration, and Educational Decisions among Rural Youth in China

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    Little is known about what affects the decision to migrate in China, despite the estimated 145 million rural migrants that reside in urban areas as of 2009. Drawing on a survey of youth from 100 villages in Gansu Province, we analyze migration and education decisions, with a focus on disparities associated with gender, sibship structure, and academic performance. Results show modest gender differences favoring boys in educational migration, but no gender differences in the overall likelihood of labor migration. Youth with older sisters are less likely to migrate, while youth with younger brothers are more likely to migrate. For girls, having older sisters is also negatively related to being a local or a migrant student, and better early academic performance is related to educational migration. For boys, labor migration may serve as a backup plan in the event of failing the high school entrance examination. Overall, results shed more light on the factors shaping educational migration than labor migration

    It\u27s Not Just About the Money: Motivations for Youth Migration in Rural China

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    This study investigates the incentives for labor migration of youth in rural China using panel data from the Gansu Survey of Children and Families, a longitudinal study of youth in rural Gansu Province of China. We investigate the individual and altruistic economic motivations featured prominently in demographic and economic research on migration. However, we propose that the non-economic goal of personal development, a motivation suggested in numerous qualitative studies of women migrants in China and elsewhere, is also important, especially for young migrants. Analyzes indicate that, while young men and young women hold different motivations for migration, the desire for personal development is a common motivator for young migrants. Results suggest that non-economic incentives may play an important role in youth migration in rural China and that positioning in family structures shapes the susceptibility of individuals to migrate due to altruistic economic motivations

    “I read the rules and know what is expected of me”: The performance of competence and expertise in ‘newbie’ offenders’ membership requests to dark web child abuse communities

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    Community-building among groups of child abusers on the ‘dark web’ facilitates the large-scale distribution of indecent imagery and supports individuals in becoming more skilled, more dangerous offenders. Undercover police are tasked with posing as offenders to gather intelligence; however, we know little about the nature of these groups, and especially how one might approach them linguistically as an ‘authentically’ interested outsider. This study analyses rhetorical moves (Swales, 1990) in forum posts from child abuse-related dark web fora by self-identifying ‘newbies’ hoping to join established abuse communities. It identifies 12 distinct moves used in the pursuit to join online abuse communities and finds that expressions of competence and expertise are central to newbies’ attempts to gain community membership. ‘De-lurking’ is identified as a useful strategy in the performance of competence in online forums. These findings can support online undercover policing tasks as well as offender prioritisation

    Do Perverted Justice chat logs contain examples of Overt Persuasion and Sexual Extortion?:A research note responding to Chiang and Grant 2017 and 2018.

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    Studies by Chiang and Grant (2017, 2018) on the rhetorical moves of online child sexual abusers suggest that interactions between offenders and adults posing as children differ in various ways from those between offenders and genuine child victims. They point specifically to the use by one offender of moves identified as Overt persuasion and Extortion in his interactions with real children noting that these were absent from data featuring adults posing as children. The current study in-vestigates whether these more coercive and forceful moves are in fact absent in sexualised inter-actions between offenders and adult decoys by applying corpus linguistic techniques to a corpus of 622 chat logs. It is shown that overtly persuasive language is rare in the texts, and that no extortion occurred. This finding support’s Chiang and Grant’s claim and their assertion that data featuring adult decoys is not truly representative of interactions between child victims and their abusers
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