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Record W2885464530 · doi:10.1525/scq.2018.100.3.263

Disentangling Law and History

2018· article· en· W2885464530 on OpenAlexaboutno aff
Andrea Geiger

Bibliographic record

VenueSouthern California Quarterly · 2018
Typearticle
Languageen
FieldSocial Sciences
TopicCanadian Identity and History
Canadian institutionsnot available
Fundersnot available
KeywordsImmigrationParallelsIndigenousNegotiationSupreme courtRace (biology)LawPolitical scienceOrder (exchange)Legal historyGenealogySociologyGender studiesCriminologyHistoryEngineering

Abstract

fetched live from OpenAlex

This article juxtaposes the history of Japanese immigrants in Canada—which parallels that of Japanese immigrants to the United States in significant ways—with that of Canada’s Indigenous people, who were also marginalized, to explore larger issues related to the way in which history is deployed in court actions. Although it uses a Canadian case—the 2008 decision of Canada’s Supreme Court in R. v. Kapp (which upheld an exclusive 24-hour communal sales fishery established on behalf of three First Nations)—to frame this discussion, the questions raised are relevant on both sides of the U.S.-Canada border. The article speaks, for example, to ways in which efforts to meet the elements of a given legal test can lead to the distortion of historical evidence, also a danger for U.S. courts. In reviewing the historical arguments made by the Japanese Canadian Fishermen’s Association in R. v. Kapp, which invoked two earlier cases from the 1920s in which Japanese immigrants challenged their exclusion from Canadian fisheries on race-based grounds, the article also provides a summary of that history of exclusion. It highlights the importance of reading immigration and Indigenous histories together in order to develop a more comprehensive understanding of the complex ways in which racialized groups have negotiated racial divides. These negotiations produced a far more intricate set of alignments and divisions among and within various racialized groups than is often recognized.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.003
metaresearch head score (Gemma)0.004
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.129
Threshold uncertainty score0.572

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0030.004
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.000
Bibliometrics0.0040.004
Science and technology studies0.0210.076
Scholarly communication0.0140.008
Open science0.0010.005
Research integrity0.0020.004
Insufficient payload (model declined to judge)0.0070.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.010
GPT teacher head0.215
Teacher spread0.205 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2018
Admission routes1
Has abstractyes

Explore more

Same venueSouthern California QuarterlySame topicCanadian Identity and HistoryFrench-language works237,207