Ordering Legal Plurality: Allocating Jurisdiction in State and Tribal Courts in Wisconsin

Nesper, Larry

doi:10.1111/plar.12085

Cited by 6 publications

(7 citation statements)

References 29 publications

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“…Many offer some hybrid of both. Arguably all confront challenges to self‐determination and sovereignty (Nesper 2007, 2015; Pommersheim 1988; Wilkinson 2015). Why I explore the work of state and tribal judges together in this article is most simply because a number of these judges work together , albeit via informal and at times sporadic channels.…”

Section: Context and Methodsmentioning

confidence: 99%

“…Relatively more scholarship treats tribal judges, but this literature largely either neglects or assumes a rural context rather than engaging it directly (Cutler 2016; Miller 2011). Finally, and perhaps unsurprisingly, very few scholars consider rurality as it impacts both state and tribal court judges in the US (Nesper 2015; Wahwassuck 2008).…”

Section: A Rural/global Sociolegal Intervention In “Access To Justice”mentioning

confidence: 99%

“…Rural criminal defendants don't necessarily fare better—especially in a state like Wisconsin, where abysmally low state pay rates for court‐appointed attorneys coupled with a shortage of rural attorneys result in individuals having to wait as many as four months before receiving a public defender (Coutou 2018; WI county data on file with author). And in rural tribal courts, many of which cannot afford to provide public defenders to tribal litigants, individuals are nearly always pro se (Fletcher 2015; Nesper 2015).…”

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confidence: 99%

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On Shared Suffering: Judicial Intimacy in the Rural Northland

Statz

2021

Law Soc Rev

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Rural state and tribal court judges in the upper US Midwest offer an embodied alternative to prevailing understandings of "access to justice." Owing to the high density of social acquaintanceship, coupled with the rise in unrepresented litigants and the impossibility of most proposed state access to justice initiatives, what ultimately makes a rural courtroom accessible to parties without counsel is the judge. I draw on over four years of ethnographic fieldwork and an interdisciplinary theoretical framework to illuminate the lived consequences and global implications of judges' responses, which can be read as grassroots-level creativity, as resistance, or simply as "getting by." "Of the people in court today, I know every single one of them… I had two calls at home last night about 'your case tomorrow.'" The judge shook his head and looked around his chambers. "On my very first day on the bench, a guy in the back of the courtroom stood up, shouted my first name, and said, 'How the fuck are ya?'" My jaw dropped. "No." He nodded, laughing. It had been a three-hour drive north, through long stretches of national forest and into the county seat. It was a northern paper-mill town that smelled like it, tiny houses lining the shady streets and the mill spouting steam up ahead. Between 2013 and 2017, the average per capita income here was $23,000, with 25% My heartfelt thanks to the editors, anonymous reviewers, and Larry Nesper for their insightful and enthusiastic feedback on this manuscript. This article also benefitted greatly from collegial and expert engagement at the 2020 Law & Humanities Junior Scholars Workshop and the University of Minnesota Law School's Faculty Works in Progress forum. I am grateful for these stimulating conversations. Special thanks to Riaz Tejani and Robin West for discussing the paper and offering such compelling and even moving critiques. My thanks as well to Jon Bredeson for his indispensable research assistance. And finally, I am humbled by the profound generosity of the judges whose work I detail here. To be so welcomed by very different-and very busy-individuals is something I could never anticipate. I hope this manuscript helps shed light on their important commitments. This research is supported by the National Science Foundation's Law and Sciences Program (award #1729117).

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Section: Context and Methodsmentioning

confidence: 99%

Section: A Rural/global Sociolegal Intervention In “Access To Justice”mentioning

confidence: 99%

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confidence: 99%

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On Shared Suffering: Judicial Intimacy in the Rural Northland

Statz

2021

Law Soc Rev

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“…As Pablo suggested, the ICWA provides both a familiar and useful template for regulating the “intergovernmentality” that results from overlapping tribal and federal jurisdictions in child protection cases involving Native American children (Nesper 2015). For Nesper (2015), intergovernmentality describes a form of legal plurality wherein different sovereignties “[reach] agreements and [build] structures for decision‐making as an expression of their inherent authority in their respective spheres” (McHugh 2004, as quoted in Nesper 2015, 31).…”

Section: The Development Of the Moumentioning

confidence: 99%

Interstitial Precarity: The Romance and Tragedy of the Transnational Child Welfare System

Valenzuela

2022

PoLAR

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This article examines a memorandum of understanding (MOU) between Chicago's Mexican Consulate and the Illinois Department of Child and Family Services (DCFS), which obliges DCFS to provide prompt consular notification after assuming protective custody of a Mexican or Mexican American minor. Developed in 2001, this bilateral agreement also enables consular officials to gain access to child welfare cases involving their minor nationals and requires DCFS to consider placing such minors with their deported or noncustodial parents in Mexico, whenever possible. Drawing on ethnographic research collected in Chicago and Mexico from 2016 to 2019, I explore the possibilities created through the MOU, which not only opens up new opportunities for transnational family reunification in Mexico but also enables Mexican institutions to challenge DCFS's expertise. And yet, the MOU also produces what I call “interstitial precarity” for the minors it tries to help. This is a lack of belonging, stability, and recognition that results not from the denial of one's citizenship but from falling between the cracks of multiple, discordant bureaucratic systems. Accordingly, this article evaluates the MOU's potential to expand the family‐making options available to mixed‐status families through a dialectical reading of its romantic and tragic effects. [child welfare, reunification, transnational, immigration, precarity]

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“…“By contrast, citizenship presumes equivalence of an individual vis‐a‐vis the state. Kinship celebrates heterogeneity—persons have different rights and obligations to each other” (Nesper , 37–38).…”

Section: Application Of Bis In Other Settingsmentioning

confidence: 99%

A Better “Best Interests”: Immigration Policy in a Comparative Context

Statz

Heidbrink

2019

Law & Policy

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This conceptual article examines the role and limitations of the best interests standard in international and domestic policy, with a particular focus on how the standard is implicated in the treatment of unaccompanied minors in the United States. Motivated by emergent interdisciplinary scholarship on global youth and informed by a comparative consideration of best interests across other professions, we propose a new model of best interests. This model calls for a multidimensional recognition of youths' family-, community-and decision-making contexts; acknowledgment of youths' rights; and a commitment to speaking with, rather than for, young people. What results is a novel and dynamic understanding of best interests with relevance to scholars, practitioners, and policymakers.

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Ordering Legal Plurality: Allocating Jurisdiction in State and Tribal Courts in Wisconsin

Cited by 6 publications

References 29 publications

On Shared Suffering: Judicial Intimacy in the Rural Northland

On Shared Suffering: Judicial Intimacy in the Rural Northland

Interstitial Precarity: The Romance and Tragedy of the Transnational Child Welfare System

A Better “Best Interests”: Immigration Policy in a Comparative Context

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