Constitutionalizing Information Privacy by Assumption
In: University of Pennsylvania Journal of Constitutional Law, Band 14
39 Ergebnisse
Sortierung:
In: University of Pennsylvania Journal of Constitutional Law, Band 14
SSRN
In: North Carolina Law Review, Band 90
SSRN
Working paper
In: UC Davis Law Review, Band 45, S. 431
SSRN
In: UC Davis Law Review, Band 44, S. 1407
SSRN
In: Cardozo Law Review, Band 32
SSRN
Drawing on fieldwork and political theory with Lacanian psychoanalytic influences, this article analyzes how fantasy and fetishes help sustain strategies shown to be no solution to U.S. border control problems. More than a decade after the official launch of the border control paradigm of "prevention through deterrence," predicated on the assumption that ramping up walls, barriers, policing, and the human costs of border crossing would deter, there has been scant evidence of deterrence and much evidence of diversion of migrants to more dangerous crossing points where death rates have soared. Attempts to mitigate the cost to life have also proved ineffective but have persisted alongside the policy of diversion. [para] The article is based on research in a region where the reality of diversion and death instead of deterrence was lived but where people still pursue projects of barrier-building and death mitigation that they know to be ineffective. The article analyzes how fantasy fuels action despite knowledge and occludes a traumatic element around which the symbolic order of border law is structured: the foundation of "good life" with its bounty of rights, privileges, and opportunity on the exclusion of basic life denuded of the entitlements that make the good life sweet. The article also examines how fetishes are used to cope with unrealized hopes and to diffuse the impact of the traumatic knowledge that good life is undergirded by the exclusion and even death of basic life.[para] The first part of the article, "Query and Approach," frames the question at the heart of the study and delineates the approach taken to examine the issue. Finding instructive Zizek's insight that objects enacted by people can materialize and disclose a deeper "truth" that people and ideology cannot afford to acknowledge, the article's analytical narrative is organized around the enactment of two forms of objects: private border fences and water tanks. These objects and projects of civil society engaged in political action mirror in ...
BASE
In: Yale Journal of International Law, Band 27, Heft 2
SSRN
In: 90 Indiana Law Journal, 2014, Forthcoming
SSRN
In: Law & Society Review, Band 42, S. 701
SSRN