The
graduate student fellows
for the 2012-13 Cultures of Law program are:
Lauren Anaya (Anthropology)
Peter Campbell (Communication)
Jin Gong (East Asian Languages and Cultures)
Emily Metzner (Anthropology)
TJ Tallie (History)
Kathryn Walkiewicz (English).
Lauren Anaya, Anthropology

My dissertation research concerns the efforts of the European Union (EU) to harmonize the family law of its member states and resistance to such efforts in Italy. I focus specifically on the struggle over rights for same-sex couples as a window on larger processes of Europeanization and European integration. As a nation, Italy continues to resist the adoption of norms regarding same-sex partnerships that are becoming increasingly accepted elsewhere in the EU. As a result, married and/or cohabitating same-sex couples from EU member states that grant such rights lose recognition of their family relationship(s) when they move to Italy. Same-sex couples in the EU thus face obstacles to free movement that married heterosexual couples do not, and this leads to a situation where differences between the national legal systems create a barrier to the attainment of a common European identity in the form of a European citizenship. My research sheds light on the social engineering role played by law in the construction of gender and family in the context of a nation-state’s relationship to a supranational entity and takes account of the historical, political, and social setting in which these laws are embedded.
Peter Campbell, Communication

My research combines argumentative, queer, and critical legal approaches to rhetoric to examine the role that public arguments play in the constitution of legitimate forms of subjectivity in U.S. legal and public culture. I am currently writing a dissertation on the Fourteenth Amendment rhetoric of U.S. Supreme Court Justice Anthony M. Kennedy. I believe that the judicial rhetoric of constitutional law plays a significant role in delimiting the grounds on which a subject’s claim to existence and legitimacy in the U.S. polity can rest. Judicial doctrinal arguments from and about the Due Process and Equal Protection Clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution currently play a final arbitration role in the statist constitution of those forms of queer/racialized identity and relation that are eligible for normal and recognized status before U.S. law. My case studies consist of close readings of judicial opinion in several federal and Supreme Court cases—including Lawrence v. Texas and Parents Involved in Community Schools vs. Seattle School District No. 1––that are significant to Kennedy’s Fourteenth Amendment jurisprudence. I argue that Kennedy’s constitutional rhetoric is a significant component of a broader Fourteenth Amendment discourse of substantive due process and equality that is constitutive of a peculiar and newly legitimate post-racially queer subject position before the law.
Jin Gong, East Asian Languages and Cultures
My dissertation project focuses on the social histories of Jewish immigrants living in Shanghai during China’s late Qing and Republican periods. Through the examination of economic, legal and social/cultural interactions between the Jewish and Chinese populations in Shanghai, it discusses some of the significant issues in the study of Jewish history and the modern history of Shanghai such as Jewish identity, colonial politics and the competition for jurisdictional control. An essential part of the project will be the use of legal documents and records to provide a new perspective on the social histories of Jewish immigrants in Shanghai. The legal cases to be examined will contribute to our understanding of the complicated legal systems that existed in semi-colonial Shanghai and the varied political and legal status of different parties in the City. These cases also provide a unique perspective on the social lives of both individual Jews and Jewish communities in general in Shanghai from the late 19th to mid-20th century.
Emily Metzner, Anthropology

As a second-year graduate student of Sociocultural Anthropology, my research interests are in criminalization and the state. I am developing a proposal to conduct multi-sited ethnographic research of the institution of parole in the United States. I am interested in how parole operates according to a liberal conception of the human being (as a productive citizen with rights and responsibilities specifically in her relation to the state), and according to an ideal of the possibility of rehabilitation that began to shape penal ideology in the mid-19th Century in Western Europe and the U.S. – an ideal that has been in decline since the 1970’s. My questions address the transformations of the state and of notions of personhood in neoliberalism, the political economy of punishment and rehabilitation, the possibilities and limitations of social movements, the solidification of social categories through entextualization and intertextuality, and processes of racialization. I seek to ground these questions in one field of the U.S. criminal justice system, in the context of mass incarceration and imbrication with transnational security regimes.
T.J. Tallie, History

I am a critical historian of the British Empire, focusing primarily on the British colony of Natal, in contemporary South Africa, in the late nineteenth century. My dissertation, titled, "Limits of Settlement: Racialized Masculinity, Sovereignty, and the Imperial Project in Colonial Natal, 1850-1897" examines how race and masculinity could operate not simply as identities, but as forces to be mobilized by a variety of actors in pursuit of sovereignty and claims of belonging in a highly contested colonial space. In particular, I look at competing and often contradictory legal systems between British common law, improvised Roman-Dutch law, and the newly created Native Customary Law for Natal's African population. These varied systems created differing potentials and restrictions for European colonists, indigenous peoples, and Indian migrant laborers alike.
Kathryn Walkiewicz, English

My dissertation explores the changing borders of the U.S. nation-state throughout the 19th century. In particular, I explore how the practices of annexation and statehood served as the preferred scale for expansion and empire-building. My project looks at four key sites read as racially “other” but economically desirable by the U.S. – present-day Florida, Oklahoma, Kansas, and Cuba. These locations, and the statehood debates that surrounded them, challenged the U.S. to determine who and what to include within its borders. I look at how print helped shape understandings of these places as exotic and desirable, but also threatening to the narratives of Manifest Destiny and U.S. empire.