Law in Contemporary Society

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JoshuaHochmanFirstPaper 4 - 29 Apr 2010 - Main.JoshuaHochman
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-not finished typing up responses/making first wave of changes..
 

Paper Title

-- By JoshuaHochman - 26 Feb 2010

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I don't have an exact quote to start with, but Professor Moglen said something early in the semester that I feel is a good undercurrent for wherever I go with my first paper, as well as for my budding identity as a law school student, lawyer, and adult. There are people smarter than me, more deserving of my seat in his classroom. There are people on other continents that, given the circumstances I was given, would do a better job on this paper, on my piss-poor moot court brief, on last semester’s civil procedure exam...
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I don't have an exact quote to start with, but Professor Moglen said something early in the semester that I feel provides a good undercurrent for wherever I go with my first paper, as well as for my budding identity as a law school student, lawyer, and adult. There are people smarter than me, more deserving of my seat in his classroom. There are people on other continents that, given the circumstances I was given, would do a better job on this paper, on my piss-poor moot court brief, on last semester's civil procedure exam...
 
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My assertion here is that a misplaced sense of entitlement resulting from an assumed national identity plagues contemporary society by confusing responsibilities to our fellow man. My paper will utilize for the sake of example the context of immigration law enforcement in the United States.
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My assertion here is that a misplaced sense of entitlement resulting from an assumed national identity plagues contemporary society by confusing responsibilities to our fellow man. My paper will utilize, for the sake of example, the context of immigration law enforcement in the United States.
 
But the example wrenches the idea out of its context. I didn't say that everyone who is
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  suddenly become important elements in the analysis, though they have nothing directly to do with the subject.
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I wanted to focus on unequal barriers, which is where I have found that the borders/immigration example useful (but obviously not all-encompassing). For gifted individuals born abroad, 'national identity' and a 'State's power over its borders' create or reinforce these barriers, do they not? Basically, I am just trying to set up the perspective that 'national identity' or rather, aspects of how it is instilled on youths, fosters an unpleasant/unproductive sense of entitlement.
 

Section I - The Insincerity of Identity and the Law

Genetics and religion aside, I don’t believe a rational explanation exists for why I’m here and some other kid with a higher I.Q. and a stronger attention span is farming or fighting or dying a world away.

I don't understand this sentence. Are genetics and religion rational explanations, and there
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are no others? Are genetics and religion explanations at all? Do you mean genetics explains where you are because you are the genetic descendant of someone else who provided heritable advantages? What does religion explain? That God wanted you instead of some other people to have your advantages?
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are no others? Are genetics and religion explanations at all? Do you mean genetics explains where you are because you are the genetic descendant of someone else who provided heritable advantages? What does religion explain? That God wanted you instead of some other people to have your advantages?
No, no no, definitely not. They are far from rational (in my opinion) but they aren't arguments that I had word count space to refute. They just seem to be ever-present in these sort of discussions, or wherever nativism rears its head
 
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What I do believe, however, is that the ‘American’ identity—the one linked to my rights, residence, and quadrennial hockey interest—is secondary to my identity as a man who wants to live righteously.
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What I do believe, however, is that the 'American identity,' the one linked to my rights, residence, and quadrennial hockey interest, is secondary to my identity as a man who wants to live righteously.
 

Subsection A - The Border

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Immigrants are different because of where they were born—on the other side of the border.
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Immigrants seeking entry to the U.S. are different because of where they were born, on the other side of the border.
 
But some citizens are born on the other side of the border, and grow up there. Are they

Revision 4r4 - 29 Apr 2010 - 22:37:05 - JoshuaHochman
Revision 3r3 - 12 Apr 2010 - 19:26:13 - EbenMoglen
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