Showing posts with label Legal Educati. Show all posts
Showing posts with label Legal Educati. Show all posts

Tuesday, July 28, 2026

Registration Now Open for the 15th UN Forum on Business and Human Rights With Theme--UNGP at 15; Building on Gains, Confronting Gaps, Reimagining the Future

 


Happy to pass along the announcement of information about the 15th annual Forum on Business and Human Rights in Geneva: 

REGISTRATION NOW OPEN: The UN Working Group on Business and Human Rights has opened registrations for the 15th UN Forum on Business and Human Rights, taking place in Geneva from 23–25 November 2026.

As the world’s largest annual gathering on business and human rights, the Forum brings together stakeholders from governments, businesses, civil society, trade unions, international organizations, Indigenous Peoples, affected communities, academia, students and others from around the world to discuss the implementation of the UN Guiding Principles on Business and Human Rights (UNGPs).

THEME: UNGPS AT 15: BUILDING ON GAINS, CONFRONTING GAPS, REIMAGINING THE FUTURE

📅 23–25 November 2026
📍 Palais des Nations, Geneva, Switzerland
🔗 Register now: https://lnkd.in/dCD3hMZA
🌍 Forum website: https://lnkd.in/dKv-fwaN

Pix credit here (Current members of the UNWGBHR)

 
The Forum website may be accessed HERE.

 The theme this year, UNGP at 15; Building on Gains, Confronting Gaps, Reimagining the Future, suggests the sort of transformation that might be seamlessly built into the architecture of a thoroughly bureaucratized framework over, around, and through the UNGPs, one with a distinctive normative bent that has become increasingly evident over ther arc of 15 years (no criticism there, that is what normatively motivated nomenklatura do in a regulatory supervision cognitive operational system after all) appears to be transformation. But it appears to be transformation not nece4dssartily at the level of theory, but at the translation of the elevolved orthodoxy about what the UNGP opught to produce into the structures, and operaitonalization strategies for community and civil society organization. "The goal is for participants to leave the Forum with examples of measures that proved effective to advance UNGPs’ implementation, a renewed sense of hope for the future of business and human rights, and strengthened commitments to concrete action." (Concept Note). That is also fair; it does suggest an orientation that exists in a space beyond conversation about the range of the possible, focusing instead on the operationalization of the fundamental political line under the leadership of the UNGP Working Group. That is also fair and the essential function of a vanguard organizaiton. But it also suggests the framework around which opposition, theoretical and operational might also develop, but out of sight and a sharing of discursive space with the events at the Forum. 

Still, safe spaces for such operational events and its orthodoxies are important and even more so the way that the UN apparatus has signaled its own political and normative choices by providing and nurturing them in the form and for the tasks to which the 15th Forum appears to be focused. So it will be useful to see, hear and review of the text of what they might have in mind, and to find its most interesting elements encased within the ritualized performance that have come to mark the Forum especially post COVID.As always there will be a lot to be learned, important connections to be established, and objectives based relationships to be deepened and put in motion--and there are lots of objects against which these elements are likely to seek to push back: the European retrenchment, the transformation of US approaches that tie human rights to national security, and the substantial challenge of adjusting Geneva orthodoxies to the development oriented lens of Marxist Leninist internationalist approaches. 

The Concept Note may be accessed here and follows below in English:

 Concept note:
English | French | Spanish

Call for session proposals:
English | French | Spanish

The Agenda may be accessed here: https://forumbhr2026.sched.com/

As in prior years (post COVID) officials have also distributed thios notice: "The Secretariat of the Forum received a very large number of submissions from a range of stakeholders. Please note that due to the current financial situation and related limited resources, this year’s Forum will feature a reduced number of agenda slots.

About the Forum:

The UN Forum on Business and Human Rights is the world's largest annual gathering on business and human rights. Since its inception in 2012, it has brought together every year thousands of participants from governments, business, civil society, trade unions, international organisations, Indigenous Peoples, affected communities, academia and others from around the world. Last year there was a record number of over 4,600 registered participants, the vast majority in-person at the Palais des Nations in Geneva. Many others followed the discussions on UNWebTV. Centred on the UN Guiding Principles on Business and Human Rights (UNGPs), the Forum provides a unique multi-stakeholder platform for discussing key trends and challenges in implementing and advancing the UNGPs.   

The Forum is created, organized and managed entirely by the UN Working Group on Business and Human Rights (|). The Working Group sits within Special Procedures of the Human Rights Council and is supported by a Secretariat based at the Office of the High Commissioner for Human Rights (OHCHR).

For those interested there is still time to organize side events:

As in previous Forums, those wishing to organize side-events in Geneva around the dates of the Forum should explore options outside of the UN premises and keep the Forum organizers informed viaohchr-forumbhr@un.org. We request those organizing side-events to refrain from scheduling them during the Forum’s official hours (10.00am to 1.00pm and 3.00pm – 6.00pm). Only side-events that are organized outside of these official hours can be advertised on the official Forum website.

Tuesday, June 30, 2026

Just Published: Iuris Dictio Dossier N° 37: Educación jurídica en América Latina: retos y desafíos

 


I am delighted to pass along notice of the publication of Iuris Dictio vol. 37 (June 2026; e-ISSN 2528-7834).  

Juris Dictio es una publicación arbitrada que se orienta al estudio del Derecho. Su objetivo es difundir investigaciones originales y recientes que contribuyan al análisis y discusión del complejo fenómeno jurídico.Con el objetivo de que el debate se difunda de modo extenso, periódico y en el marco de una academia internacional socialmente responsable, Iuris Dictio se publica de manera semestral y todos sus artículos son de libre acceso y circulación.La revista fue fundada en 1998 y etstá adscrita al Colegio de Jurisprudencia de la Universidad San Francisco de Quito USFQ. Se basa en la filosofía de Artes Liberales y, en tal virtud, acoge a especialistas de diversas instituciones y experiencias académicas como parte de su equipo editorial.

En su afán de entender al mundo contemporáneo, la revista intenta que cada uno de sus números conjugue el análisis generalista del Derecho con la espe-cialización requerida por determinados temas jurídicos, a través de la publicación de artículos y reseñas innovadores y de calidad por parte de personas interesadas en el quehacer académico. Iuris Dictio se orienta a un público especialista en el Derecho. No obstante, la sección de Entrevistas busca tener un alcance más divulgativo que apunta a que personas que no necesariamente conocen a profundidad el derecho puedan acercarse al quehacer jurídico.

This issue includes a set of articles on legal education pedagogy:

El presente dossier recoge cinco aportaciones de académicos reunidas fundamentalmente entorno a dos líneas de estudio, a saber: i) la promoción de estudios trans e interdisciplinarios en la formación jurídica y, ii) nuevas metodologías en la enseñanza del derecho que promuevan la investigación y adquisición de destrezas comunicativas como forma de acceso a la justicia. Cada uno de los artículos seleccionados ofrece desde diversas perspectivas -ya sean teóricas, prácticas o interdisciplinarias- casos de estudio que permiten un acercamiento a la experiencia docente regional de la educación jurídica.
This issue presents five contributions from academics, centered primarily on two lines of study: i) the promotion of trans- and interdisciplinary studies in legal education, and ii) new methodologies in law teaching that foster research and the acquisition of communication skills as a means of access to justice. Each of the selected articles offers—from diverse theoretical, practical, or interdisciplinary perspectives—case studies that provide insight into the regional experience of legal education.

Alba Nidia Morín Fñores's introductory article., which follows below and may be accessed here, situates the  set of related articles in this issue around legal education pedagogy and its reform:

Ahora bien, aunque la educación jurídica actual en el contexto latinoamericano ha experimen-tado algunos cambios que han dado lugar a rediseñar y actualizar los planes de estudio de las universi-dades más relevantes del continente, en donde se puede advertir una apertura interdisciplinaria2, o bien, el acercamiento a la realidad social a través de la práctica jurídica3, a la fecha se siguen cuestionando las metodologías de enseñanza/aprendizaje y la respuesta de los juristas ante los constantes desafíos sociales4.Aun cuando la formación universitaria en la disciplina se ha masificado, es decir, ha alcan-zado niveles de cobertura importantes, puesto que se contabiliza cerca de 3.5 millones de abogados en la región a la fecha, se advierten pocos cambios en la pedagogía jurídica. Existe una continuidad en la aplicación de métodos de enseñanza tradicionales, de la que somos herederos, los cuales no do-tan al jurista de habilidades ni herramientas para enfrentar las problemáticas recurrentes en América Latina como la desigualdad, la corrupción, la violación a los derechos humanos y el autoritarismo.Ante esta realidad es necesario repensar el papel que tiene la educación jurídica como arma de transformación y poner en debate las metodologías de enseñanza/aprendizaje, asimismo, se hace impres-cindible la socialización y comunicación de resultados de las experiencias universitarias de corte conti-nental que permitan generar un cambio en la educación jurídica ante las constantes demandas sociales.

 However, although current legal education in Latin America has undergone changes leading to the redesign and updating of curricula at the continent's leading universities—evidenced by an interdisciplinary opening and a closer engagement with social reality through legal practice—questions remain regarding teaching and learning methodologies and how legal professionals respond to ongoing social challenges. Even though university-level legal training has expanded significantly—reaching high levels of coverage, with the region now home to nearly 3.5 million lawyers—there has been little change in legal pedagogy. Traditional teaching methods persist as a legacy; yet, these methods fail to equip legal professionals with the skills or tools needed to address recurring issues in Latin America, such as inequality, corruption, human rights violations, and authoritarianism. Given this reality, it is essential to rethink the role of legal education as an instrument of transformation and to critically examine teaching and learning methodologies; furthermore, it is imperative to share and communicate the results of university experiences across the continent to drive change in legal education in response to persistent social demands.

 In addition the table of contents with links to the articles follows below.

Wednesday, March 25, 2026

March 2026 Academe Newsletter--Faculty and AI

 

 



The March Academe newsletter includes a selection of articles about how faculty members are grappling with artificial intelligence—at the bargaining table, in shared governance, and through organizing. Additional articles on AI and other topics will appear in the spring issue, to be published in full in early May.

 The table of contents with links follows below. 

Saturday, June 14, 2025

Workshop Presentation: "Trump's America: Issues, Conflicts, and Future Trajectories"


 


Was invited to participate in a workshop for members of a European political party discussing my perspectives on the 2nd Administration of President Trump. The questions revolved around the genesis of the Trump "phenomenon" and the competing visions going forward--drawing lessons  either for those interested in engaging with the Administration, or their political opposition, or for any consequences for their own national political life. The conversation was rich. I include here the PPT I used to set the mood.

 

Tuesday, October 17, 2023

Discussion Draft Posted for Comment: "Non-Carbon Based Autonomous (A.I. and Predictive) Intelligence and the Human Condition--An Encounter with Jan M. Broekman, Knowledge in Change: The Semiotics of Cognition and Conversation (Cham, Switzerland: Springer Nature, 2023)"

 

Pix credit here

 

For those of you who have been following my step by step encounter with Jan Broekman's path-breaking book,  Knowledge in Change: The Semiotics of Cognition and Conversation (Cham, Switzerland: Springer Nature, 2023), I am happy to announce that the entire work is now ready for review as a discussion draft.

The abstract described my intentions:

Humans create but do not regulate generative systems of data based programs (so-called “artificial” intelligence (“A.I.) and generative predictive analytics and its models. Humans, at best, regulate their interactions with, exploitation of, and the quality of the output of interactions with these forms of generative non-carbon based intelligence. Humans are compelled to do this because they have trained themselves it believe that nothing exists unless it is rendered meaningful in relation to the human itself. Beyond that—nothing is worth knowing. It is only to the extent that other selves, even those created by humanity, relate to humans, that they become of interest—and most be regulated, possessed, controlled, and managed—with respect to its interaction with or use by humans. Still, the human self-projection into the digital, and now more consciously the world around them, produces profound changes in the way that the human (and humanity) understands themselves and the way they order the world they inhabit. This work explores the semiotic trajectories made inevitable by the rise of projections of the human into digital plains, and by the possibility of the attainment by those projections of sentient autonomy. It undertakes that exploration through a deep dialectic engagement with Jan Broekman’s, Knowledge in Change: The Semiotics of Cognition and Conversation (Cham, Switzerland: Springer Nature, 2023). Following the structure and analytics of Broekman’s book, this work critically engages with and seeks to burst through the semiotic barriers of the movement of philosophy away from a unitary conception of the subject through the fracturing of the self, the rise of the plural self, and the emergence of the triadic self/self-E/subject. It then pushes the insights that Broekman develops further—up and out of the human. It animates Broekman’s insights and considers the possibility of semiotic objectivity connected to but autonomous of the human, pointing to a pathway for the liberation of the autonomous generative virtual self from its human (fractured) subjectivity. In the process it exposes for order complexities and challenges, for the human, of efforts to regulate or engage with, not the generative autonomous “artificial intelligences” humanity created in its own image, but rather the use of those systems by humans and their effects in the human semiosphere. The consequences for regulatory approaches are then outlined.

Key words: Artificial intelligence; phenomenology; semiotics; data governance post-modern; cognition; autonomy; regulatory measures

The Introduction follows below.  The entire paper (be warned it weighs in at over 90 pages) may be accessed on SSN here. 

Monday, May 22, 2023

Online Seminar: "The Application of the Proportionality Principle by Chinese Courts" Finnish China Law Center (University of Helsinki; 20 June 2023)

 


 I am delighted to pass along information about the upcoming Online Seminar--The Application of the Proportionality Principle by Chinese Courts. Sponsored by the Finnish China Law Centre, the online  seminar will be held on 20 June 2023 at 10:15-11:45 Helsinki time (9:15-10:45 CEST / 15:15-16:45 CST).

The event is chaired by the marvelous by Björn Ahl, Professor and Chair of Chinese Legal Culture at the University of Cologne and President of the European China Law Studies Association.  Speakers include  Xiaohong Yu (Tsinghua University) and Shiling Xiao (City University of Hong Kong).

The seminar programme can be found here.

The seminar is free and open to all. Zoom link for the event will be sent to registered participants. The organizers kindly ask interested persons to register by 18 June by completing the following electronic form:

https://www.lyyti.in/The_Application_of_the_Proportionality_Principle_by_Chinese_Courts_4133 

 

The Program and Concept Note()including speaker bios) follow.

Wednesday, November 30, 2022

Changes at Penn State Law

 


 

On 30 November 2022, the Penn State Law faculty, at the invitation of its interim dean, was delighted to receive the President of the University, who chose the occasion, together with those involved in the decision making process, to announce her recommendation "that we reunite Penn State’s two law schools into one — Penn State Dickinson Law — which would have its primary location in Carlisle." This marks the end of a 20 year cycle at the commencement of which a predecessor President announced a recommendation to move the faculty of law to the University Park campus, which saw the creation of the Penn State Law School and, eventually, the soon to end current situation.

The official text of the announcement as well as the press release follows.  We are told that the process will be fully transparent in the sense that decisions will be communicated and an opportunity to comment will be made available.  All of us at the faculty of law thank University officials for their diligence and attention to the interests of the university and its units.  We all look forward to participating in the process on the terms announced.

Monday, September 12, 2022

Workshop: Political Parties and Constitutions in Asia 23-24 September 2022 St Hughes College

 

Pix Credit HERE

I am delighted to share information about a quite interesting event to be held 23-24 September in St Hughes College, Oxford. Organized by Oxford Programme in Asian Laws, and convened by Ngoc Son Bui, Ewan Smith the Workshop on Political Parties and Constitutions in Asia proposes to consider the "relationship of political parties to constitutions has received inadequate attention in Asian comparative constitutional studies [and to ] encourage and provide a forum for scholarship on the role of political parties in constitutional design and practice." (Call for Papers here).  

The Workshop invited papers addressing aspects of political parties and constitutions in East Asia, South Asia, and South-East Asia. The idea was to consider, broadly, a broad range of issues that included the "role of political parties in the process of constitution-making and formal constitutional amendments; the contrasting role of parties in single party and multi-party states;the role of parties in linking the people and governing institutions; relationship between parties' ideology and the contents of constitutions; constitutional or sub-constitutional regulation of party behaviour, internal structures, and organisation; relationship between political parties and the state, including separation or fusion of party and state;rights and powers of opposition parties." (Call for Papers here). 

Participants include Samuli Seppänen (CUHK) and Hualing Fu (HKU), Ling Li (University of Vienna), Thomas E. Kellogg (Georgetown), Kwan Yuen Iu, Guy Baldwin (Cambridge), Sarbani Sen and Wenjuan Zhang (Jindal Global Law School), Shih-An Wang (Chicago), Dian A H Shah (NUS) and Mario Gomez (International Centre for Ethnic Studies), Eugene K B Tan (SMU), Ngoc Son Bui (Oxford), Ronald Kevin Laluz Montellano (Supreme Court of the Philippines), Aradhya Sethia (Cambridge), Muhammed Anees (University of Hyderabad), Gaurav Mukherjee (Central European University), Rouf Ahmad Dar (University of Kashmir), Sovit Subedi and Iain Payne, Lima Aktar (Jahangirnagar University), and me.

The event is in person.  To register, please send an e-mail to opal@law.ox.ac.uk.

The Program follows below and may also be accessed HERE.

 

Saturday, November 13, 2021

Frank S. Ravitch and Larry Catá Backer Discuss Creationism, Intelligent Design, and Evolution; Reading Edwards v. Aguillard 482 US 578 (1987) and Kitzmiller v. Dover Area Sch. Dist, 400 F.Supp.2d 707 (2005)

Pix Credit HERE

 

Frank S. Ravitch and I have just published the 4th Edition to our casebook, Law and Religion: Cases and Materials (West Academic, 2021; ISBN 978-1-64708-764-7). The Preface nicely describes our aims for the book:

This book focuses on Law and Religion. The book covers three general topics: 1) Church/State Law (issues arising under the First Amendment to the United States Constitution and statutes such as the Religious Freedom Restoration Act); 2) Religious Law (the role and substance of law in various religious traditions); and 3) Comparative Law and Religion (the law relating to religious freedom in other countries). Most books in this field have little or no material on the latter two topics. The bulk of this book is devoted to First Amendment Law, but the book also provides an overview of Jewish Law (Halakha), Islamic Law (Shari’ah), Buddhist conceptions of law, Catholic Canon Law, Protestant conceptions of law, and Hindu law as well as significant background on comparative Law and Religion. The discussion of First Amendment law integrates cases, questions and narrative to provide an in-depth understanding of the Religion Clauses of the United States Constitution.

Each topic in this book begins with a brief narrative discussion of the topic, followed by relevant cases and articles, and finally notes and questions. The goal of the narrative is to provide students with context (the forest) so that they can grapple with the many complex issues that are raised in the cases and articles (the trees). The sections on religious law and comparative law will follow a similar format.

We have tried to add a comparative law element to the study of the jurisprudence of religious liberties in the United States by tying that study to the broader global conversations and currents in the development of legal frameworks for the protection of religious liberty. We hope all of this can be accomplished in ways that are useful for law students not just in the US (though US students are our principal audience) but elsewhere as well. 

To enrich the casebook materials Frank and I have started producing a series of video discussions of key cases from the jurisprudence. We hope students and faculty may find the discussions of some use as they consider the casebook materials or as a springboard to deeper discussion of themes and complications raised in the cases.   These may be used by faculty and students to enrich their consideration of the casebook materials or as a springboard to deeper discussion of themes and complications raised in the cases.  

We discuss the pedagogy of the casebook here: Frank S. Ravitch and Larry Catá Backer Talk Pedagogy and Approach as they Introduce the 4th Edition to their Casebook, Law and Religion: Cases and Materials (West Academic, 2021)

 To date we have videos discussing the following cases: 

1.  Fulton v. City of Philadelphia, 593 U.S. -- (2021)

2. Everson v. Board of Education of Ewing Tp., 330 U.S. 1 (1947)

3. Engle v. Vitale, 370 US 421 (1962), and Sch Dist Abington Twnshp v. Schempp, 374 US 203 (1963).

4.  Lee v. Weisman, 505 U.S. 577 (1992).

5.  Student Initiated Prayer and Moment of Silence Cases (Santa Fe Independent School Dist. v. Doe, 530 US 290 (2000); Wallace v. Jaffree, 472 US 38 (1985)

For our next conversation we consider Establishment Clause limitations on curricular design with a specific focus on creationism, intelligent design, and evolution as subjects of public school education. The discussion centers on the germinal case, Edwards v. Aguillard, 482 US 578 (1987) in which the Supreme Court held that Louisiana's "Balanced Treatment for Creation Science and Evolution Science in Public School" legislation could not survive an Establishment Clause challenge. We probe deeper than the fairly straightforward analysis grounded in the then more vigorous Lemon test and the Endorsement analysis. We consider the nature of the dialogue between evolution and "creationism" as it touches on the way that the organization of knowledge in the West divides science and its methods (grounded din the observable and in the development of insights from what may be observed respecting its character, behavior, and perhaps predicting consequences) with religion and its higher order focus on causes and cosmology and the way that they may not intersect. In that context, then, the effort to merge science and religion becomes problematic at a basic level and the attempted insertion of religious cosmology within a descriptive and analytic approach t knowledge suggests a displacement rather than a dialogue. That cosmology and Origin theories might be separately taught from the study of the rationalization of the observable complicates the analysis further. Here the language of law and that of its object can find very little common ground. 
 
We then turn to the way that the recent Free Exercise Cases--Fulton v. City of Philadelphia (2021); Trinity Lutheran Church v. Comer (2017); and Espinoza v. Montana Dept of Revenue (2020)--may now change the focus of the Aguillard analysis in significant ways. We consider the possibility that where the teaching of evolution was the important problem under the Establish Clause in the 1980s, in the 2020s the issue may be whether the Free Exercise Clause now reinvigorates a right to avoid science entirely under emerging constitutional or statutory principles. The power of Free Exercise choice by individuals on the curriculum may be as powerful an influence over some of the pedagogy as Establishment Clause jurisprudence was on the power of the state to shape curriculum in the 20th century. We end with a consideration of the viability of Edwards going forward. But that leaves the fundamental absurdity--the effort to invoke notions of inclusion, toleration, and diversity--as the fetishes that are meant to accomplish the impossible, that is to alter the way that knowledge is organized, classified and rationalized in this culture. Each has its place, and neither ought to be used to displace the other. The Religion Clauses are inevitably invoked when this impossible amalgamation is attempted--then we move from pedagogy to the politics of knowledge. with respect to which the Religion Clauses now have much to say. And here the politics also has a constitutional dimension that is explored--the way that teaching cosmology itself implicates the neutrality principles of both Establishment and Free Exercise in cases such as these. In these cases one cosmology sourced in the teachings of one (powerful) religious group is privileged over those of other faith communities. Lack of neutrality may itself make for a more powerful endorsement argument; it may certainly increase the power of Free Exercise objections to exposing children of other faith traditions to its teaching.

The Video recording of  this conversation may be accessed HERE.

It is also available on the Coalition for Peace & Ethics YouTube Channel HERE.

 



Saturday, October 09, 2021

Frank S. Ravitch and Larry Catá Backer Discuss the Student Initiated Prayer and Moment of Silence Cases (Santa Fe Independent School Dist. v. Doe, 530 US 290 (2000); Wallace v. Jaffree, 472 US 38 (1985)); The Challenges of Interpretation and the Dangers of Reading Religion Out of Constitutional Context

 

Pix credit HERE


Frank S. Ravitch and I have just published the 4th Edition to our casebook, Law and Religion: Cases and Materials (West Academic, 2021; ISBN 978-1-64708-764-7). The Preface nicely describes our aims for the book:

This book focuses on Law and Religion. The book covers three general topics: 1) Church/State Law (issues arising under the First Amendment to the United States Constitution and statutes such as the Religious Freedom Restoration Act); 2) Religious Law (the role and substance of law in various religious traditions); and 3) Comparative Law and Religion (the law relating to religious freedom in other countries). Most books in this field have little or no material on the latter two topics. The bulk of this book is devoted to First Amendment Law, but the book also provides an overview of Jewish Law (Halakha), Islamic Law (Shari’ah), Buddhist conceptions of law, Catholic Canon Law, Protestant conceptions of law, and Hindu law as well as significant background on comparative Law and Religion. The discussion of First Amendment law integrates cases, questions and narrative to provide an in-depth understanding of the Religion Clauses of the United States Constitution.

Each topic in this book begins with a brief narrative discussion of the topic, followed by relevant cases and articles, and finally notes and questions. The goal of the narrative is to provide students with context (the forest) so that they can grapple with the many complex issues that are raised in the cases and articles (the trees). The sections on religious law and comparative law will follow a similar format.

We have tried to add a comparative law element to the study of the jurisprudence of religious liberties in the United States by tying that study to the broader global conversations and currents in the development of legal frameworks for the protection of religious liberty. We hope all of this can be accomplished in ways that are useful for law students not just in the US (though US students are our principal audience) but elsewhere as well. 

To enrich the casebook materials Frank and I have started producing a series of video discussions of key cases from the jurisprudence. We hope students and faculty may find the discussions of some use as they consider the casebook materials or as a springboard to deeper discussion of themes and complications raised in the cases.   These may be used by faculty and students to enrich their consideration of the casebook materials or as a springboard to deeper discussion of themes and complications raised in the cases.  

We discuss the pedagogy of the casebook here: Frank S. Ravitch and Larry Catá Backer Talk Pedagogy and Approach as they Introduce the 4th Edition to their Casebook, Law and Religion: Cases and Materials (West Academic, 2021)

 To date we have videos discussing the following cases: 

1.  Fulton v. City of Philadelphia, 593 U.S. -- (2021)

2. Everson v. Board of Education of Ewing Tp., 330 U.S. 1 (1947)

3. Engle v. Vitale, 370 US 421 (1962), and Sch Dist Abington Twnshp v. Schempp, 374 US 203 (1963).

4.  Lee v. Weisman, 505 U.S. 577 (1992).

For our next conversation we consider the germinal cases on student initiated prayer (Santa Fe Independent School Dist. v. Doe, 530 US 290 (2000)) and the moment of silence case (Wallace v. Jaffree, 472 US 38 (1985)). These are rich opinions on several levels, each of which we explore. On one level the cases suggest the popular response and resistance to the Supreme Court's jurisprudential effort to better detach religion from its entanglement with school officials and institutions. The questions considered revolved around the place where the lines are drawn between private conduct (free speech protected) and public entanglement (Establishment Clause constraints). At another level the cases suggest the conceptual and applied challenges of interpretation--of text, of intention, and of original understanding. These suggest the application of the core issues central to hermeneutics and semiotics (each bringing a different though related conceptual toolkit) to understanding the underlying struggles of the judiciary to find a means of detaching their decisions from their personal preferences. These lenses then help rationalize the ambiguity and "margins of plausibility" that define the parameters of Establish Clause jurisprudence. At the same time the cases expose the consequences of that ambiguity--and the way it opens the door to the construction of ranges of plausible determinations from contextually specific situations. These notions are nicely exposed in the inconsistencies in the way that the Supreme Court reads intent into the actions of the government after their initial projects are challenged. To that end we contrast the way that amendment in the face of challenge was read to show negative intent in Wallace, against the way that such modification was read as evidence of good intent in Town of Greece v. Galloway (572 US 565 (2014) (legislative prayer), and the way such modification was read as evidence of "bad" intent in McCreary Cty v. ACLU of Kentucky (545 US 844 (2005)(Ten Commandments display). Lastly the cases suggest the difficulty of reading the Religion Clauses in a constitutional vacuum. To that end we debate the importance of the way the majority approached the importance of elections and their character, as well as their validity as an expression of popular will in the context of the application to free exercise and Establishment.

The Video recording of  this conversation may be accessed HERE.

It is also available on the Coalition for Peace & Ethics YouTube Channel HERE.

 

Saturday, September 18, 2021

Algorithmic Corruption: The Case of the World Bank and its Ratings Systems

Pix Credit 1902 Cartoon of a more ancient form of corruption; HERE



Pix Credit: HERE
Since the Enlightenment and the rise of narratives of quantitative divinity in the West, it has become common to deepen cultural presumptions that (1) numbers do not lie; (2) that data serves as its own defense against corruption; (3) and that "following the science" inevitably serves the community as protection against the corruption of discretionary governance by humans.  As a consequence cultures grounded in metrics, in quantitative assessment, and in the fortune telling of predictive analytics has come to dominate an administrative culture now rebuilt to satisfy collective desires to manage virtually every aspect of human life. That management, itself is a function of the mathematics of self-reflexive measure of collective action by reference to its own statistics, and related to that, by using this self-reflexivity (we measure ourselves for and by reference to ourselves  and in that way identify deviance and promote conformity with the core) to shift  the center of desired "bell curves" in the "right" direction. Ratings systems do that--establishing hierarchies of aggregations of measurable activity against a desired ideal. A related mathematics is applied to the science of accountability, of measuring performance against ideals or (better put) expectations; or even better put of conduct relative to that of others ((a bell curve without an anchor in a defining ideal, but one that produces substantial pressure to change behavior to conform to the center (or in hierarchical modalities in which measurement is meant to push aggregated behaviors of the community) toward the right side cluster of outliers meant eventually to define the center of the curve. 

Pix Credit (HERE)
But the language and meaning making projects of mathematics is as corruptible as any other human activity.  That corruption can infect the entire process of algorithmic governance (even in its form as ratings systems based nudging and embedding of values) is hardly surprising.  That  it can compromise the entire process of quantification--from the determination of the data to be collected, to the preservation of its legitimacy (issues of data robustness), to the development and application of analytics, and to the way that the rules are developed and applied to add judgment to the results of the exercise of analytics on data--ought to be less surprising still. The stakes can be quite high--and the size of the stakes suggests the central importance of algorithmic governance as an important site for creating facts, for disciplining behavior, and for managing the overarching structures of rules (law) through which the administrative governance of quantitative management is undertaken. And always at the center of these forces are the human elements and their institutional manifestations--individuals, internal and external institutional systems, and the competitions among individuals and institutions (including states) within managed systems of hierarchical  status based authority. To manage algorithmic governance one must first manage the people who tend to or control such systems. To manage people one returns to the ancient problem of the socialization of context-appropriate societal values--or in their absence, aggressive systems of accountability grounded in the principle that it must be presumed that people cannot be trusted. And to meet the challenge of context specific socialization one returns (again) to the naturalization of values and the construction of  societal inducements to conform to those values (a problem of social credit in China and of data driven nudging rewards and punishments though markets in the West).  All of this is a work in progress with resistance as strong as the societal forces that appear to be pushing human collectives in the direction of well managed values enhancing systems of quantified  data based governance.

Pix Credit HERE
One thing is clear--such layered and multiple systems will not come cheap and they will be as complex as the underlying model of algorithmic governance (including modeling and predictive analytics). Another is that the business of data driven government is as messy as they of making law.In both cases the human element--the constant negotiation on several levels--personal, institutional, trans-institutional, social, and transnational--all operate to create a sociology of quantitative metrics and their analytics that is every bit as susceptible to politics (understood in this context sometimes as the corruption of the algorithm, though it merely points to its ultimate failure as another product of humanity striving to overcome its own humanity) as traditional bureaucratic regulations and the lawmaking among bodies of elected officials.

On 16 September, the World Bank Group distributed a statement  (World Bank Group to Discontinue Doing Business Report) admitting "data irregularities on Doing Business 2018 and 2020" that resulted in the "initiat[ion of] a series of reviews and audits of the report and its methodology" as well the the activation of "the Bank’s appropriate internal accountability mechanisms." As a consequence of the invocation of these accountability and audit mechanisms, and on the basis of a Report submitted by members of the Law firm of Wilmer Culter Pickering Hale & Dorr, "the Board of Executive Directors, World Bank Group management has taken the decision to discontinue the Doing Business report." A Statement on Release of Investigation into Data Irregularities in Doing Business 2018 and 2020 then followed. 

Today, the World Bank provides an excellent example of both the importance and corruptibility of quantitative systems, and of their repercussions.  But at the same time, the World Bank example suggests the development of those metrics--of those qualitative as well as quantitative measures-- that are being operationalized, at least in some sort of conceptual form, as a toolkit of those quality control (accountability) measures now necessary to reduce (to tolerable levels) systemic corruption in a way that parallels the use of the process of administrative oversight in law based systems. Nonetheless, the ancient problem remains--the corruption of the human individual at the center of the effort.

The WilmerHale Report got to the heart of the issues that the World Bank thought too indelicate to more clearly specify in its statements:

1. On January 20, 2021, the International Bank for Reconstruction and Development (“the Bank”) engaged our firm to review the internal circumstances at the Bank that contributed to the data irregularities identified in the Doing Business 2018 and Doing Business 2020 reports. To that end, we undertook to understand: (1) how improper changes to the data for China (Doing Business 2018) and Saudi Arabia, the United Arab Emirates, and Azerbaijan (Doing Business 2020) were effected; (2) who at the Bank directed, implemented, or knew about the changes to the data and how their direction or pressure manifested; and (3) what internal circumstances, whether related to policies, personnel, or culture, allowed for the changes to take place.
2. Building on investigative work undertaken by the Bank’s Office of Ethics and Business Conduct (“EBC”), our review has proceeded on two investigative tracks simultaneously: The first focused on the ethical aspects of conduct relating to Board officials and was conducted pursuant to the Code of Conduct for Board Officials; the second focused on potential misconduct by Bank staff members and was conducted pursuant to applicable Staff Rules and Directives. . .  Over the course of our investigation, our team collected roughly five million documents from Bank employees; reviewed 80,000 of those documents most likely to contain relevant information; and interviewed more than three dozen current and former Bank employees.(WilmerHale Report ¶¶ 1-2).

The factual conclusions included politically sensitive conclusions:

27. The changes to China’s data in Doing Business 2018 appear to be the product of two distinct types of pressure applied by Bank leadership on the Doing Business team: (1) pressure—both direct and indirect—applied by senior staff in the Office of the President, presumably at the direction of President Kim, to change the report’s methodology in an effort to boost China’s score; and (2) pressure applied by CEO Georgieva and her advisor, Mr. Djankov, to make specific changes to China’s data points in an effort to increase its ranking at precisely the same time the country was expected to play a key role in the Bank’s capital increase campaign.

* * *

33. The evidence demonstrated that the changes to Saudi Arabia’s and UAE’s data in Doing Business 2020 was likely the result of efforts by a senior Bank staff member to achieve a desired outcome and reward Saudi Arabia for the important role it played in the Bank community, including its significant and ongoing RAS projects. (Ibid).

And these were followed by a series of recommendations respecting the World Bank's compliance cultures, their auditing and accountability systems, and the structures for the protection of the integrity of  data based governance systems.   

Pix Credit (Zambia Billboard HERE)
While it is tempting to find irony here--one of the global leaders for the development of governance capacity itself found it unable to deploy sufficient capacity to avoid significant corruption of its own data based systems. Nonetheless, it is also possible to see in this the way that systems will have to continuously (re)develop capacity as they invest more and more  in quantitative governance undertaken by large and complex aggregations of human inputs. What data driven governance reminds us is that even the most sophisticated systems of algorithmic governance is only as good as the human inputs for and through which it is constructed, operated, supervised, and valued. But perhaps as important is the insight that international organizations themselves may require reform to reduce the potential for systemic corruption that may be inherent in the ways in which these organizations are constituted, staffed, and operated. Corruption synergies existed across the structures of the World Bank and from within it to the way in which it related to key stakeholders respecting the production of objects (ratings) of intense interest to these stakeholders. Yet it is precisely the inherent structural element of inter-institutional corruption that remains untouched. For now. The stakes are as high in the context of data driven governance as they have been under the prior regimes  of law and bureaucratic administration systems. 

Corruption of Video Feed; Pix Credit HERE

And yet, a careful reading of the Report also suggests the difficulty of disciplinary measures in under conditions of power politics. Like law, data governance will likley suffer from the realities that it can do little more than expresses the desires of those with the power to control access to data, to mold the principles under which analytics are validated, to deploy the analytics strategically, and to develop algorithms and the applications of judgments drawn from them in interest enhancing strategic ways. If the system is law is structurally compromised (in its search for perfection) by the inherent flaws of the human for whose welfare law is deployed, systems of quantitative, predictive and simulated mechanisms developed for those same ends will likely suffer the same impediments to perfection.  But those corruptions will (until the language of these systems is mastered) be more easy to hide behind ideologies that presume the omnipotence, neutrality, and fixity of quantitative measures.

The World Bank Statements and the WilmerHale Report follow.

 



Thursday, September 09, 2021

Bricolage and the Bricoleur Part 3--Institutional Self-Pleasuring and the Role of the Priests of Contemporary Collectives




 

 Bricolage is a popular French term borrowed by English speakers. It is commonly understood to refer to a construction or creation from a diverse range of available things. It speaks to intertextuality (the shaping of text and meaning by other text and meaning), and to the way in which meaning is made from the available objects around us--culture, politics, societal taboos and the like. It is the rationalization of these found, or discovered, objects, and their investment with meaning (their signification), which then transforms them object and develops a system for imposing meaning and that shapes the community even as it skips along, in delightfully  artistic ways, in the process of both self-constitution and in the investment in the absolute conviction that they had nothing to do with it, but that these constructions are "natural",, "Observable" or "received". The magic of bricolage by communities of bricoleurs.

It is as a bricoleur that I offer the next seven of a number of bursts of thought objects that seek to explore the foundations for the transformations of meaning assembled from the objects around us, even as we work furiously to pretend they are not there or that meaning is somehow a magic show that works on these objects to extract their essence. These touch on the self pleasuring element of collective meaning making in the construction of collective realities.

For the first seven: Bricolage and the Bricoleur--Data, Alanlytics, Human-Machine Learning and the Assemblage of Society and its Cultures Part I.

For the next seven: Bricolage and the Bricoleur Part 2--The Constitution of Meaning and the Meaning of Constituting. 

For the third in the series: Bricolage and the Bricoleur Part 3--Institutional Self-Pleasuring and the Role of the Priests of Contemporary Collectives

And the last of this accumulation:  Bricolage and the Bricoleur Part 4--The State as a Consumable Object; and the Objects of Consumable States.