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Through a sociological analysis of Hmong former refugees' grassroots movements in the United States between the 1990s and 2000s, Immigrant Agency shows how Hmong, despite being one of America's most economically impoverished ethnic groups, were able to make sustained claims on and have their interests represented in public policies. The author, Yang Sao Xiong argues that the key to understanding how immigrants incorporate themselves politically is to understand how they mobilize collective action and make choices in circumstances far from racially neutral. Immigrant groups, in response to political threats or opportunities or both, mobilize collective action and make strategic choices about how to position themselves vis-à-vis other minority groups, how to construct group identities, and how to deploy various tactics in order to engage with the U.S. political system and influence policy. In response to immigrants' collective claims, the racial state engages in racialization which undermines immigrants' political standing and perpetuates their marginalization.

This paper chronicles KUPI’s collective claim to religious authority for women ulama in Indonesia, from the perspective of the initiators of this movement. It reveals some of the thought process behind key actions taken by KUPI during its first decade in making this collective claim, particularly on how KUPI locates itself in Indonesia’s multiple histories of struggle towards social justice, how it constructs its broad-based and inclusive movement in order to make its bold claim, and how recognition of religious authority takes form at the community level and in the personal lives of KUPI’s women ulama. This chronicle draws on the authors’ engagements, analysis, and reflections as part of the initiators and leadership of KUPI.

On 1 October 2015, a sea change in English civil procedure occurred, when the UK’s first opt-out class action regime took effect. Its drafting choices occurred against a backdrop of considerable comparative jurisprudence from Australia, Canada and the United States. For example, the regime’s flexible standing provisions avoid difficulties that have arisen in class action regimes in other jurisdictions, by enabling a class action to be brought either by a directly affected class member as representative or by a suitable representative who has no cause of action. On the other hand, the preliminary merits criteria which the class representative will need to prove are far-reaching and more onerous than those implemented elsewhere. In the first certification decision delivered under the regime—a moment of history created on 31 March 2017—the Competition Appeal Tribunal has made it plain that comparative insights will be highly relevant. This article analyses that milestone event, by examining this first decision in light of the drafting choices made under the UK regime, whilst also suggesting further ways in which comparative law may be helpful on key interpretive words and phraseology in cases to come.

One of the most remarkable developments of the new millennium has been the expansion of debates on culture at the highest levels of the international community's decision-making processes. This has, out of necessity, had an impact on the empowerment of cultural rights, enhancing their justiciability. Substantial progress has been made both at a regional and international level. Yet not all thresholds have been reached. The International Court of Justice (‘ICJ’) has never explicitly addressed cultural rights in its case law. Despite its multicultural composition, it is only with great difficulty that the Court examines questions related to culture. However, a thorough examination of the jurisprudence of the ICJ reveals that opportunities to take cultural rights seriously have arisen more than once. Recent judgments of the Court reveal the emergence of a certain trend calling for a culturally sensitive understanding of legal issues brought to the Hague. This article submits that this trend is beneficial not only for the protection of cultural rights, but also for the maintenance of human and cultural diversity, as well as for the survival and livelihood of indigenous peoples. In light of the urgent worldwide need for peace, addressing culture as a legal issue before the ICJ, in accordance with Articles 36 and 60 of its Statute, may be a fruitful pathway for the Court to follow in order to resolve international disputes.

This chapter contains sections titled: Rights and Identity Claims‐making and Mobilization: The Practice of Citizenship The Value of ‘Individuality’ as the Underlying Principle of Citizenship Coda: Delimiting the Contours of Post‐national Citizenship Further Reading

This Essay argues that bankruptcy proceedings are well-suited to resolving mass tort claims. Mass tort cases create a collective action problem that encourages claimants who are worried about available recoveries to race to the courthouse to collect ahead of others. This race can destroy going concern value and lead to the dismemberment of valuable firms. Coordination among claimants is difficult as each one seeks to maximize its own recoveries. These are the very collective action and holdout problems that bankruptcy proceedings are designed to solve. As such, bankruptcy proceedings are appropriate means of resolving mass torts as long as they leave tort victims no worse off than they would have otherwise been. We further argue that legal innovations such as third-party releases and divisional mergers, which facilitate efficient bankruptcy proceedings and reduce holdout problems, should be welcomed as long as courts are attentive to the potential for abuse. Of course, the bankruptcy process is not fully immune to abuse. For example, incumbent managers may have outsized bargaining leverage in bankruptcy or may take advantage of information asymmetries to push for reorganizations that divert value away from tort claimants. To control for such abuse, this Essay explores potential reforms aimed at ensuring that bankruptcy proceedings effectively mitigate collective action problems without disadvantaging tort victims as a class. Some of these reforms, such as giving tort claimants a priority claim, will sound familiar to bankruptcy scholars. Others, such as giving tort claimants a right to propose a plan of reorganization are more extreme. Because all these proposals have costs and benefits, our aimis not to endorse any one set of reforms; rather, we emphasize that it is possible to address potential abuses through internal reforms that facilitate mass tort resolutions within the bankruptcy system without resorting to measures that prohibit or make such proceedings unnecessarily expensive.

Why is it difficult to restructure sovereign debt in a timely manner? In this paper, we present a theory of the sovereign debt-restructuring process in which delay arises as individual creditors hold up a settlement in order to extract greater payments from the sovereign. We then use the theory to analyse recent policy proposals aimed at ensuring equal repayment of creditor claims. Strikingly, we show that such collective action policies may increase delay by encouraging free riding on negotiation costs, even while preventing hold-up and reducing total negotiation costs. A calibrated version of the model can account for observed delays and finds that free riding is quantitatively relevant: whereas in simple low-cost debt-restructuring operations, collective mechanisms will reduce delay by more than 60%, in high-cost complicated restructurings, the adoption of such mechanisms results in a doubling of delay.

This article describes the temporality of eviction in a rubble-strewn site of urban demolition in Ho Chi Minh City (Saigon), where over 14,000 households are being evicted to create an ambitious \"new urban zone.\" Eviction thrusts many residents into an alternative time-world of enforced waiting, marked by an oppressive sense of being suspended in time. For some residents, however, an alternative temporality marked by indifference and disinterested detachment disrupts the project's timeline and thwarts the temporal designs of planners. Attention to the play of time reveals important social dynamics of everyday urban development and shows that acts of land clearance and reactions to them are more complex than simple battles over land and money. Most significantly, the difference between oppressive, alienating \"waiting\" and empowering, socially productive \"hanging out\"(choỉ) is conditioned by the different ways social actors understand productive activity as an expression of agency played out in time.

This article examines memory laws as a new form of social control, demonstrating the significance of cultural memory to law and society scholarship. It focuses on two Israeli laws that seek to control public debate by giving voice to one marginalized group in order to silence another. The article presents two forms of such utilization of the law: forced forgetting and the balancing of atrocities. Forced forgetting validates the memory of one group of people over another group. Balancing atrocities equates victims, pitting the suffering of one group against that of another for the purpose of dismissing the former’s claims for recognition and redress. The 2011 Nakba Law, an example of forced forgetting, dismisses the Palestinian minority’s experience to amplify the memory of the Jewish majority, while the 2014 Jewish Nakba Law creates an analogy between Palestinian redress claims and those of the Mizrahi Jews in order to balance the atrocities that these groups suffered. We show that both forms of control have limitations that create gaps between legislation and implementation, yet their political-symbolic impact is much greater.

Political ecologists have linked conservation conflicts in post-independence Africa to the continuities and legacies of colonial policies that displaced and dispossessed people to create ‘wild places’. This paper introduces a political ecology of vernacular memory to discuss the Basongora people’s vernacular memories of their historical dispossession to create the Queen Elizabeth National Park (QENP) in Uganda. It explores how these events spurred multidirectional memories of resilience, heroism, victimhood, and resistance that the Basongora pastoralists deploy to reclaim social-political autonomy and agency. Using archival data and historical ethnography, I examine how the Basongora mobilise vernacular memory in contemporary contestations with the state and conservation authorities in QENP. Vernacular memory provides a moral authority that helps subordinated groups contest the hegemonic dominance of conservation authorities. A political ecology approach to vernacular memory reveals how people use memory politics to legitimise their claims in contested environments—an essential fact of contemporary conservation conflicts. This paper is the first to conceptualise how vernacular memories can legitimise the decolonisation of conservation narratives and community resistance against conservation.