The Problematic of Privacy in the Namespace

In the twenty-first century, the issue of privacy--particularly the privacy of individuals with regard to their personal information and effects--has become highly contested terrain, producing a crisis that affects both national and global social formations. This crisis, or problematic, characterizes a particular historical conjuncture I term the namespace. Using cultural studies and the theory of articulation, I map the emergent ways that the namespace articulates economic, juridical, political, cultural, and technological forces, materials, practices and protocols. The cohesive articulation of the namespace requires that privacy be reframed in ways that make its diminution seem natural and inevitable. In the popular media, privacy is often depicted as the price we pay as citizens and consumers for security and convenience, respectively. This discursive ideological shift supports and underwrites the interests of state and corporate actors who leverage the ubiquitous network of digitally connected devices to engender a new regime of informational surveillance, or dataveillance. The widespread practice of dataveillance represents a strengthening of the hegemonic relations between these actors--each shares an interest in promoting an emerging surveillance society, a burgeoning security politics, and a growing information economy--that further empowers them to capture and store the personal information of citizens/consumers. In characterizing these shifts and the resulting crisis, I also identify points of articulation vulnerable to rearticulation and suggest strategies for transforming the namespace in ways that might empower stronger protections for privacy and related civil rights.

Legislative Legacy: Big Changes in Legislative Article of 1972 Constitution -- Jerry Loendorf, Arlyne Reichert & Rich Bechtel “In the Crucible of Change”

The fulcrum upon which were leveraged many of the dramatic progressive changes in Montana that are documented "In the Crucible of Change" series was the lead up to, preparation, writing and adoption of the 1972 Montana Constitution. As Montana citizens exhibited their concern over the dysfunctional state government in MT under its 1889 Constitution, one of the areas that stood out as needing serious change was the Montana Legislature. Meeting for only sixty calendar days every two years, the Legislature regularly tried to carry off the subterfuge of stopping the wall clock at 11:59 PM on the sixtieth day and placing a shroud over it so they could continue to conduct business as if it were still the 60th day. Lawyers hired by the Anaconda Company drafted most bills that legislators wanted to have introduced. Malapportionment, especially in the State Senate where each county had one Senator regardless of their population, created a situation where Petroleum County with 800 residents had one senator while neighboring Yellowstone County with 80,000 people also had one senator -- a 100-1 differential in representation. Reapportionment imposed by rulings of the US Supreme Court in the mid-1960s created great furor in rural Montana to go along with the previous dissatisfaction of the urban centers. Stories of Anaconda Company “thumbs up – thumbs down” control of the votes were prevalent. Committee meeting and votes were done behind closed doors and recorded votes were non-existent except for the nearly meaningless final tally. People were in the dark about the creation of laws that affected their daily lives. It was clear that change in the Legislature had to take the form of change in the Constitution and, because it was not likely that the Legislature would advance Constitutional amendments on the subject, a convention seemed the only remedy. Once that Convention was called and went to work, it became apparent that the Legislative Article provided both opportunity for change and danger that too dramatic a change might sink the whole new document. The activities of the Legislative Committee and the whole Convention when acting upon Legislative issues provides one of the more compelling stories of change. The story of the Legislative Article of the Montana Constitution is discussed in this episode by three major players who were directly involved in the effort: Jerry Loendorf, Arlyne Reichert and Rich Bechtel. Their recollections of the activities surrounding the entire Constitutional Convention and specifically the Legislative Article provide an insider’s perspective of the development of the entire Constitution and the Legislative portion which was of such a high degree of interest to the people of Montana during the important period of progressive change documented “In the Crucible of Change.” Jerry Loendorf, who served as Chair of the Legislative Committee at the 1972 Montana Constitutional Convention, received a BA from Carroll College in 1961 and a JD from the University of Montana Law School in 1964. Upon graduation he served two years as a law clerk for the Montana Supreme Court after which he was for 34 years a partner in the law firm of Harrison, Loendorf & Posten, Duncan. In addition to being a delegate to the Constitutional Convention, Jerry served on the Board of Labor Appeals from 2000 to 2004. He was designated a Montana Special Assistant Attorney General to represent the state in federal court on the challenge to the results of the ratification election of Montana's Constitution in 1972. Jerry served on the Carroll College Board of Directors in the late 1960s and then again as a member of the Board of Trustees of Carroll College from 2001 to 2009. He has served on the Board of Directors of the Rocky Mountain Development Council since 1970 and was on the board of the Helena YMCA from 1981 to 1987. He also served on the board of the Good Samaritan Ministries from 2009 to 2014. On the business side, Jerry was on the Board of Directors of Valley Bank to Helena from 1980 to 2005. He is a member of the American Bar Association, State Bar of Montana, the First Judicial District Bar Association, and the Montana Trial Lawyers Association. Carroll College awarded Jerry the Warren Nelson Award 1994 and the Insignias Award in 2007. At Carroll College, Jerry has funded the following three scholarship endowments: George C and Helen T Loendorf, Gary Turcott, and Fr. William Greytek. Arlyne Reichert, Great Falls Delegate to the Constitutional Convention and former State Legislator, was born in Buffalo, NY in 1926 and attended University of Buffalo in conjunction with Cadet Nurses Training during WWII. She married a Montanan in Great Falls in 1945 and was widowed in 1968. She is mother of five, grandmother of seven, great-grandmother of four. Arlyne was employed by McLaughlin Research Institute in Great Falls for 23 years, serving as Technical Editor of Transplantation Journal in 1967, retiring as Assistant Director in 1989. In addition to being a state legislator (1979 Session) and a delegate to the 1972 Montana Constitutional Convention, she has filled many public roles, including Cascade County Study Commissioner (1974), MT Comprehensive Health Council, US Civil Rights Commission MT Advisory Committee, MT Capitol Restoration Committee, and Great Falls Public Library Trustee. Arlyne has engaged in many non-profit activities including League of Women Voters (State & Local Board Officer – from where her interest in the MT Constitutional change developed), Great Falls Public Radio Association (President & Founder), American Cancer Society (President Great Falls Chapter), Chair of MT Rhodes Scholarship Committee, and Council Member of the National Civic League. She also served a while as a Television Legislative Reporter. Arlyne has been recipient of numerous awards, the National Distinguished Citizens Award from the National Municipal League, two Women of Achievement Awards from Business & Professional Women, the Salute to Women Award by YWCA, Heritage Preservation Award from Cascade County Historical Society and the State of Montana, and the Heroes Award from Humanities Montana. She remains active, serving as Secretary-Treasurer of Preservation Cascade, Inc., and as Board Member of the McLaughlin Research Institute. Her current passion is applied to the preservation/saving of the historic 10th Street Bridge that crosses the Missouri River in Great Falls. Rich Bechtel of Helena was born in Napa, California in 1945 and grew up as an Air Force brat living in such places as Bitberg, Germany, Tripoli, Libya, and Sevilla, Spain. He graduated from Glasgow High School and the University of Montana. Rich was a graduate assistant for noted Montana History professor Professor K. Ross Toole, but dropped out of graduate school to pursue a real life in Montana politics and government. Rich has had a long, varied and colorful career in the public arena. He currently is the Director of the Office of Taxpayer Assistance & Public Outreach for MT’s Department of Revenue. He previously held two positions with the National Wildlife Federation in Washington, DC (Sr. Legislative Representative [1989-91] and Sr. Legislative Representative for Wildlife Policy [2004-2006]). While in Washington DC, he also was Assistant for Senator Lee Metcalf (D-MT), 1974-1976; Federal-State Coordinator for State of Montana, 1976-1989; Director of the Western Governors’ Association Washington Office, 1991-2000; and Director of Federal Affairs for Governor Kitzhaber of Oregon, 2001- 2003. Earlier in Montana Government, between 1971 and 1974, Rich was Research Analyst for MT Blue Ribbon Commission on Postsecondary Education, Legislative Consultant and Bill Drafter for MT Legislative Council, Research Analyst for the MT Constitutional Convention Commission where he provided original research on legislatures, as well as Researcher/Staff for the MT Constitutional Convention Legislative Committee, from where he drafted the various provisions of the Legislative Article and the majority and minority reports on behalf of the Committee members. Rich has represented Montana’s Governor on a trade and cultural mission to Republic of China and participated in US-German Acid Rain Committee sessions in Germany and with European Economic Community environmental officials in Belgium. He is married to Yvonne Seng (Ph.D.) - T’ai Chi apprentice; author and birder.

Affirmative Action Endures Three Decades of Challenges: The Pursuit of Diversity on Campus

Race and affirmative action are among the most contentious issues in higher education. This talk will explore the constitutionality of affirmative action in college admissions. What principles and technicalities are dominating the discussion, and what strategies show the most promise?

The Amplifier - v. 7, no. 8

in this issue...Sweetheart Swirl Dance, R J Trio, Air Force Base, Civil Rights, Bill Barry's Boxing Club, International Club, Donald E. Mahagin, Main Hall

Childrens Participation and Citizenship in a Global Age. Empowerment, Tokenism or Discriminatory Disciplining?

This article explores children’s participation and citizenship, taking its point of departure in the empirical observation of a paradox: On the hand there is a general participatory climate and a growing commitment to empowerment of children, and on the other hand some children’s experience of discrimination, disciplining and distrust. The analysis is structured into three main parts: 1) Participation, approached from Hart’s Ladder of Participation and Bourdieu’s theorizing of power dynamics; 2) Rights, using Marshall’s tripartite conceptualization, namely civil rights, political rights and social rights, supplemented by a discussion of the right to care and cultural rights; and 3) Identity, theorized using Delanty’s conceptualization of citizenship as a learning process The article concludes that children’s citizenship, and the initiatives that are accounted for as facilitating their well being and participation though social work, too often tend towards tokenism if not discriminatory disciplining and exclusion, rather than empowerment, due to political, organisational and discursively shaped power relations.

The 1960s: A Bibliography

The time period covered by this bibliography is circa 1960 to 1974, an unusual "decade," to be sure. But because the Civil Rights movements and Watergate framed this era, it became impossible to compile a bibliography on the 1960s without entering the 1970s. The Vietnam War did not end until 1975, which would seem a logical place to end the decade. However, Nixon's resignation sparked more public interest and energy than did the anti-climax of the end of the war. Thus, the time period covered. Although there are some key books on the Civil Rights Movement, which started in the late 1950s, that movement has been adequately covered in other resources.

Current Resources

Reviews of: Evaluating Family-Based Services Peter J. Pecora et al. 1995 The Civil Rights of Homelwss People: Law, Social Policy, and Social Works Practice. Madeleine R. Stoner and Aldine De Gruyter. 1995 From Case Management to Services Coordination for Children with Emotional, Behavioral, or Mental Disorders: Building on Family Strengths. Barbara Friesen & John Poertner (Eds.). Paul H. Brookes. 1995. Pat Sullivan, Director

Beyond Racial Precedents: Loving v. Virginia as an Appropriate Legal Model and Strategy for Same-Sex Marriage Litigation

This thesis explores how LGBT marriage activists and lawyers have employed a racial interpretation of due process and equal protection in recent same-sex marriage litigation. Special attention is paid to the Supreme Court's opinion in Loving v. Virginia, the landmark case that declared anti-miscegenation laws unconstitutional. By exploring the use of racial precedent in same-sex marriage litigation and its treatment in state court cases, this thesis critiques the racial interpretation of due process and equal protection that became the basis for LGBT marriage briefs and litigation, and attempts to answer the question of whether a racial interpretation of due process and equal protection is an appropriate model for same-sex marriage litigation both constitutionally and strategically. The existing scholarly literature fails to explore how this issue has been treated in case briefs, which are very important elements in any legal proceeding. I will argue that through an analysis of recent state court briefs in Massachusetts and Connecticut, Loving acts as logical precedent for the legalization of same-sex marriage. I also find, more significantly, that although this racial interpretation of due process and equal protection represented by Loving can be seen as an appropriate model for same-sex marriage litigation constitutionally, questions remain about its strategic effectiveness, as LGBT lawyers have moved away from race in some arguments in these briefs. Indeed, a racial interpretation of Due Process and Equal Protection doctrine imposes certain limits on same-sex marriage litigation, of which we are warned by some Critical Race theorists, Latino Critical Legal theorists, and other scholars. In order to fully incorporate a discussion of race into the argument for legalizing same-sex marriage, the dangers posed by the black/white binary of race relations must first be overcome.

Policy analysis of the Americans with Disabilities Act of 1990 and federal funding concerning barrier-free playgrounds

The Americans with Disabilities Act (ADA) of 1990 was created to prohibit discrimination against disabled persons in our society. The goal of the ADA as a comprehensive civil rights law is to "ensure equal opportunity and complete participation, independent living and economic self-sufficiency" for disabled persons (U.S. Department of Justice, 2008). As part of Title II and III of the ADA, states and local governments are required to provide people with disabilities the same chance to engage in and benefit from all programs and services including recreational facilities and activities as every other citizen. Recreational facilities and related structures must comply with accessibility standards when creating new structures or renovating existing ones. Through a systematic literature review of articles accessed through online databases, articles relating to children with disabilities, their quality of life and their experience gained through play were reviewed, analyzed and synthesized. Additionally, the ADA's Final Rule regarding accessible playgrounds was evaluated through a descriptive analysis which yielded the following five components relating the importance of barrier-free playgrounds to children with disabilities: appropriate dimensions for children, integration of the play area, variety of activity and stimulation, availability of accessible play structures to communities, and financial feasibility. These components were used as evaluation criteria to investigate the degree to which the ADA's Final Rule document met these criteria. An evaluation of two federal funding sources, the Urban Parks and Recreation Renewal Program (UPARR) and the Land and Water Conservation Fund (LWCF), was also conducted which revealed three components relating the two programs' ability to support the realization of the ADA's Final Rule which included: current budget for the program, ability of local communities to attain funds, and level of ADA compliance required to receive funding. Majority of the evaluation of the Final Rule concluded it be adequate in development of barrier-free playgrounds although there are some portions of the guidelines that would benefit from further elucidation. Both funding programs were concluded to not adequately support the development of barrier-free playgrounds and therefore it was recommended that their funding be re-instated or increased as necessary. ^

Las expresiones motrices y la construcción de ciudadanía : Una reflexión desde las experiencias significativas

Con esta presentación he buscado sustentar la función significativa que cumplen las Expresiones Motrices en la configuración de derechos ciudadanos que se manifiestan en identidad,interacción, inclusión, interculturalidad, visibilización, vinculación, democracia, respeto, resistencia, arraigo, diferencia, autonomía, transformación. Para ello he abordado la ciudadanía como ese rasgo sustantivo de la estructura social y cultural que permite el reconocimiento de los derechos diferenciados en función de la pertenencia al grupo, en la tensión autonomía-democracia. Una suerte de insistencia en la búsqueda del bien común, en el sentido de lo público y en la protección del sentido propio. A partir de la evidencia recabada a lo largo de mi historia profesional, denominada aquí "experiencia significativa", intento dar cuenta de los derechos ciudadanos que se promueven en las Expresiones Motrices, de ahí la referencia permanente a prácticas y producciones personales

Las expresiones motrices y la construcción de ciudadanía : Una reflexión desde las experiencias significativas

Con esta presentación he buscado sustentar la función significativa que cumplen las Expresiones Motrices en la configuración de derechos ciudadanos que se manifiestan en identidad,interacción, inclusión, interculturalidad, visibilización, vinculación, democracia, respeto, resistencia, arraigo, diferencia, autonomía, transformación. Para ello he abordado la ciudadanía como ese rasgo sustantivo de la estructura social y cultural que permite el reconocimiento de los derechos diferenciados en función de la pertenencia al grupo, en la tensión autonomía-democracia. Una suerte de insistencia en la búsqueda del bien común, en el sentido de lo público y en la protección del sentido propio. A partir de la evidencia recabada a lo largo de mi historia profesional, denominada aquí "experiencia significativa", intento dar cuenta de los derechos ciudadanos que se promueven en las Expresiones Motrices, de ahí la referencia permanente a prácticas y producciones personales