Minggu, 31 Mei 2015

!! Free Ebook The Little Old Lady Who Was Not Afraid of Anything, by Linda Williams

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The Little Old Lady Who Was Not Afraid of Anything, by Linda Williams

"Once upon a time, there was a little old lady who was not afraid of anything!" But one autumn night, on a woodsy path near her cottage, with the wind whipping about and the moonlight just winking through the trees, the little old lady heard

  • Sales Rank: #1194576 in Books
  • Brand: Harper Collins
  • Published on: 1988-09-01
  • Original language: English
  • Number of items: 1
  • Dimensions: 8.30" h x .40" w x 10.30" l, .65 pounds
  • Binding: Library Binding
  • 28 pages

From Publishers Weekly
In this just-spooky-enough tale, an old lady puts to good use some animated objects that are trying to frighten her. Ages 3-7.
Copyright 1988 Reed Business Information, Inc.

From School Library Journal
PreSchool-Grade 2 A delightful picture book, perfect for both independent reading pleasure and for telling aloud. The Little Old Lady. . . is a clever reworking of the classic story of a ghostly body that appears bit by bit (see ``What's the Matter'' in Maria Leach's Whistle in the Graveyard Viking, 1974 ). The humor of the little old lady's fearless attitude and her clever solution as to what to do with the lively shoes, pants, shirt, pumpkin head, etc., that are chasing her, will enchant young audiences. The catchy refrain never falters, and the rhythmic repeated sounds made by each of the woman's pursuers are sure to appeal to children. Lloyd's brilliantly-colored, detailed folk art-style illustrations are a perfect complement to the text. A great purchase for Halloween or any time of the year, and a must for both school and public libraries. Alice Cronin, Belleville Public Library, N.J.
Copyright 1987 Reed Business Information, Inc.

Review
?A splendiferous Halloween story. A sure-fire winner with gloriously noisy actions for storytelling and just shivery enough.?The Horn Book ?A great purchase for Halloween or any time of the year.?School Library Journal (starred review)

Most helpful customer reviews

1 of 1 people found the following review helpful.
What a wonderful, interactive book for the fall season
By RSSEXTON
I am an early childhood educator so I have read numerous children's books over the years. My three year old grandson absolutely loves this book. He enjoys joining in with reading the repetitive phrases. What a wonderful, interactive book for the fall season. I consider this a five star book for sure!

0 of 0 people found the following review helpful.
JUST OUT FOR A WALK
By richard e whitelock
This Little Old Lady had a very interesting walk one afternoon. She met a lot of strange things that suddenly came to life. Read and enjoy!

0 of 0 people found the following review helpful.
Five Stars
By Mary Quinlan
this is a great book grandson has memorized all the sounds fun read

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Jumat, 29 Mei 2015

~~ Fee Download Sauerkraut Yankees: Pennsylvania-German Foods and Foodways, by William Woys Weaver

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Sauerkraut Yankees: Pennsylvania-German Foods and Foodways, by William Woys Weaver

  • Sales Rank: #4137432 in Books
  • Published on: 1983-04
  • Ingredients: Example Ingredients
  • Original language: English
  • Number of items: 1
  • Binding: Hardcover
  • 224 pages

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Kamis, 28 Mei 2015

~~ Free PDF Sociable Knowledge: Natural History and the Nation in Early Modern Britain (Material Texts), by Elizabeth Yale

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Working with the technologies of pen and paper, scissors and glue, naturalists in early modern England, Scotland, and Wales wrote, revised, and recombined their words, sometimes over a period of many years, before fixing them in printed form. They built up their stocks of papers by sharing these materials through postal and less formal carrier services. They exchanged letters, loose notes, drawings and plans, commonplace books, as well as lengthy treatises, ever-expanding repositories for new knowledge about nature and history as it accumulated through reading, observation, correspondence, and conversation. These textual collections grew alongside cabinets of natural specimens, antiquarian objects, and other curiosities—insects pinned in boxes, leaves and flowers pressed in books, rocks and fossils, ancient coins and amulets, and drafts of stone monuments and inscriptions. The goal of all this collecting and sharing, Elizabeth Yale claims, was to create channels through which naturalists and antiquaries could pool their fragmented knowledge of the hyperlocal and curious into an understanding and representation of Britain as a unified historical and geographical space.

Sociable Knowledge pays careful attention to the concrete and the particular: the manuscript almost lost off the back of the mail carrier's cart, the proper ways to package live plants for transport, the kin relationships through which research questionnaires were distributed. The book shows how naturalists used print instruments to garner financing and content from correspondents and how they relied upon research travel—going out into the field—to make and refresh social connections. By moving beyond an easy distinction between print and scribal cultures, Yale reconstructs not just the collaborations of seventeenth-century practitioners who were dispersed across city and country, but also the ways in which the totality of their exchange practices structured early modern scientific knowledge.

  • Sales Rank: #1588086 in Books
  • Published on: 2016-01-05
  • Original language: English
  • Number of items: 1
  • Dimensions: 1.20" h x 6.10" w x 9.10" l,
  • Binding: Hardcover
  • 360 pages

Review

"Sociable Knowledge is the first work I know of that discusses every means of early modern scientific communication—letters, conversation, printed books—their perceived advantages and limitations, and their complementary and supplementary roles. It is a book of exemplary scholarship and erudition."—Sachiko Kusukawa, University of Cambridge

About the Author
Elizabeth Yale teaches history at the University of Iowa Center for the Book.

Excerpt. © Reprinted by permission. All rights reserved.

Introduction
"A Whole and Perfect Bodie and Book": Constructing the Human and Natural History of Britain

In early modern Britain, the study of natural history and antiquities was founded on writing. Writing was naturalists' and antiquaries' primary means for creating, assembling, and sharing knowledge. Working with the technologies of pen and paper (and occasionally scissors and glue), naturalists wrote, revised, and recombined their words, sometimes for many years, before fixing them in "final" printed forms. They further built up their stocks of "papers"—and bodies of knowledge—by sharing this material through postal and carrier networks. Their papers, which included letters, loose notes, drawings and plans, commonplace books, and lengthy treatises, were ever-expanding repositories of knowledge about nature and history as it accumulated through reading, observation, correspondence, and conversation. These textual collections accreted alongside cabinets of naturalia, antiquarian objects, and other curiosities—for example, insects pinned in boxes, leaves and flowers pressed in books, rocks and fossils, dried bird skins, ancient coins, fragments of Roman mosaics and urns, and shards chipped from ancient stone monuments. The end result of all this writing and collecting was, to echo the Elizabethan antiquary William Lambarde, to "compact a whole and perfect bodie and Booke" of the natural and human history of Britain.

In their writing and collecting, especially their correspondence, naturalists and antiquaries collaboratively constructed their visions of a "topographical Britain," and through their printed works, they communicated these visions to a wider public. The seventeenth-century British press was flooded with topographical, chorographical, antiquarian, and natural historical works, many with "Britain" or "Britannia" in the title. These studies combined a fine-grained attention to the material descriptions of localities with a wide-angle vision of a national whole in which these localities were embedded. William Camden's Britannia, first published in Latin in 1586 and reprinted in English translation through the seventeenth and eighteenth centuries (it was serialized in a British newspaper as late as 1733), was the genre's ur-text. Camden and those who followed him sought to frame a land-based vision of Britain that could serve as a foundation for political and cultural unity. They did so amid the intense political upheaval that marked British history in the century before England's formal political union with Scotland in 1707. From the mid-sixteenth century they found ready support for their project among Tudor and later Stuart royalty and nobility. Creating Britain as a topographical object was a way of forging it as a political object.

Natural history and antiquarian studies as produced by joining local studies together under a national vision offered an image of nation and nature as one. To paraphrase the naturalist Joshua Childrey, writing in Britannia Baconica (1660), topographical studies were mirrors that showed Britons themselves. Sixteenth- and seventeenth-century scholars thus promoted new ways of thinking about localities and local identities as enmeshed within the nation and national identities. In effect they recast the national as the local.

Yet although many naturalists, antiquaries, and topographers agreed that "Britain" was their proper object of study, no two works defined "Britain" in the same way. There was much disagreement about where to set the topographical boundaries of the nation. Some books included within the orbit of Britannia only England and Wales; others included England, Scotland, and Wales; some included Ireland; and still others excluded England. Within these books further divisions were drawn, and it was made clearer on what terms constituents of the topographical Britain might be included as members of the political and cultural Britain. In the English translation of his Britannia, for example, published during the reign of James I, Camden adopted a position of equal fellowship with the Scots and deference to their knowledge about their land, surely more detailed and correct than his own. At the same time he held up Ireland as fit only for English colonization and domination. As Camden's treatment of Ireland implies, the significance of the landscape was hotly contested along religious lines. Of course some authors were entirely unconcerned with putting the topographical pieces together into a British whole, each preferring to focus on his individual kingdom or some little corner of it. If an image of "Britain" emerged from topographical writing, it was a fractured and fragmented one, as riven by conflict as the British people themselves.

The Correspondence

Printed topographical writing, with its mix of natural and antiquarian particulars and national visions, required collaborations carried out over long distances. Although they could not agree on a single vision of Britain as a topographical and political object, naturalists and antiquaries increasingly joined together to construct and share their visions in a community distributed across the landscape and connected by correspondence. Correspondence was central to natural history and antiquarian studies, so much so that investigators often referred to the community in which they conducted their work as their "correspondence," sometimes with the definite or indefinite article. "The correspondence"—the sum of personal contacts between those engaged in scientific activity—was the foundation for the construction of natural historical and antiquarian knowledge. Through their correspondence, scholars scattered across Britain poured their stocks of local knowledge into a shared pot. The contacts that naturalists formed allowed them access to a perspective in which their own localities could be enmeshed with, and partially submerged in, an image of "Britain," however fractured or in dispute that image might be.

As intellectual fields, natural history and antiquarian studies were deeply and materially shaped by the possibilities (and constraints) of long-distance collaboration. Correspondence-based exchange encouraged scholars to think of their work as never fixed and never finished. Instability and incompleteness came to mark the production and consumption of natural knowledge in both print and manuscript. In their published works, naturalists and antiquaries sought to communicate to a broader audience the habits of thought and association that they had learned through working together in the medium of correspondence. Yet they were often speaking first and foremost to each other: when they entered into print, naturalists and antiquaries often did so through their correspondence, relying on their contacts to provide content and fund publication via subscription. Print also participated in the cycle of expanding and perpetuating their correspondence, with authors using the publication process as an opportunity to collect more correspondents. At the other end of the communications spectrum, naturalists and antiquaries increasingly sought to incorporate conversation into the written stream of knowledge. Whole systems of record keeping and paperwork, such as those of the early Royal Society, were established to impress permanence upon conversation and expand its reach through written channels. In integrating writing and conversation, these systems eased naturalists' anxieties about conversation as a source of credible knowledge. They also grafted the social and intellectual functions of face-to-face meetings, which were key for establishing the authority and credibility of natural knowledge, onto those of writing and correspondence, which allowed for individual investigators to be distributed across the landscape, a key requirement for topographical study.

The habits and forms of correspondence were even inscribed into the early modern archive. As they faced death, the Restoration-era generation of naturalists and antiquaries envisioned the papers they had amassed over the course of their lives as potential resources for those who continued their projects into the future. They established archives housing their papers and collections as means of fostering their preservation and continued use. These institutions instantiated a view of knowledge-making as an ongoing collaborative writing process.

Local Particulars, National Visions

Early modern naturalists and antiquaries united a boundless enthusiasm for local particularities—a hyperlocalism—with a desire to understand and represent Britain as a unified historical and geographical space, though they disagreed on the boundaries and configuration of that space. Topographical studies were often organized around counties or regions and were sometimes constructed narratively as journeys through the land. These studies set the scope of natural historical investigation by the political and cultural boundaries of counties, political administrative units hovering between local village society and the institutions of king, courts, and Parliament. Such studies included Robert Plot's Natural History of Oxford-shire (1677) and John Aubrey's Naturall Historie of Wiltshire. There were also county-based studies of antiquities, such as William Dugdale's Antiquities of Warwickshire (1656). These books were conceived of as components within an ideal "whole body and book" of British natural history and antiquities. Some books attempted to sum the components, aspiring to contain the entire field of counties in a single volume: these were the Britannias. Childrey's Britannia Baconica was one such, as was Aubrey's Monumenta Britannica, a survey of ancient British monuments. Over the decades the "whole body and book" grew, as many scholars working over decades read, copied (sometimes with and sometimes without citations), and added to each other's work.

County and regional studies collected local particulars in more or less depth, depending on the patience and knowledge of their authors. Studies focused on single counties were often the most detailed, offering information on winds and water courses, plant and animal species, farming practices, local industries and inventions, antiquities, and noteworthy residents, such as those who had lived to extraordinarily great ages. Scholars writing in this tradition modeled their work on a number of different antecedents; one source was classical works in descriptive and mathematical geography and natural history, including those by Ptolemy, Strabo, and Pliny the Elder. Pliny's Natural History, known through the Middle Ages but available in a relatively complete version again only in the early modern period (it was printed in an English translation by Philemon Holland, who was also responsible for the 1610 translation of Camden's Britannia), was an encyclopedic review of nature, arts, and inventions. Though it had a broader scope than many seventeenth-century county natural histories, it shared with them a particular focus on human uses of plants, animals, minerals, and other natural resources. County and regional studies were also modeled on late medieval and Renaissance exemplars, such as Flavio Biondo's Italia Illustrata (1482), a humanist topographical survey of Italy. As these examples make clear, early modern topographers working in these traditions did not share divisions that moderns make between the study of nature and that of culture. Rather, everything—human, animal, mineral, and plant—that was of, on, or involving the land was of interest to them, though some were more interested in some of these categories at the expense of others. Though some authors focused more on antiquities and others more on nature, they participated in a common scholarly community, as will be evident throughout this book.

Although this book focuses largely on county and regional studies, it also considers the adjacent, related genre of natural histories organized around natural kinds rather than political boundaries. In the latter third of the seventeenth century, John Ray, working from his own notes and those he inherited from his friend Francis Willughby, produced a series of studies cataloging plant and animal life. In these works nature was increasingly, though not totally, abstracted from the land; Willughby's and Ray's catalogs were not organized as travelogues, though Ray was also known for his books of travels. Nature too was shorn of the classical and humanist literary framework in which fifteenth- and sixteenth-century naturalists had embedded it. Rather than list all previous references to a particular animal in earlier literature, as had continental scholars such as Conrad Gesner, Ray preferred to provide descriptions (and when finances allowed, images) of species based on his observations of them. Whereas the overriding focus of county and regional natural histories was the human presence in and human use of the natural world, these descriptions were less obviously linked to human needs. Despite these differences, however, the two genres of natural history were deeply related. Ray, for one, still corresponded widely with naturalists engaged in both kinds of studies, and he participated in joint projects organized around geographical principles.

Both kinds of studies, those organized around political and cultural topography and those organized around natural categories, required intimate, detailed knowledge of human and natural landscapes and natural kinds, which was gained through travel and intercourse with others, whether in conversation, correspondence, or reading printed books. Scholars necessarily drew on each other's knowledge about particular places and particular subjects in order to build up British natural history and antiquities in both depth and breadth. Late seventeenth-century naturalists often credited Francis Bacon with inspiring and encouraging such collaboration. In his Great Instauration, Bacon called upon men to "join in consultation for the common good; and being now freed and guarded by the securities and helps which I offer from the errors and impediments of the way, to come forward themselves and take part in that which remains to be done." Restoring and expanding natural knowledge were massive tasks and would certainly take more than one generation, but investigators believed that if they worked together, these could be accomplished. Early in his career, for example, the botanist John Ray began to assemble a complete list of plants observed in counties across Britain, a project that resulted in his Catalogue of English Plants (1670), his Synopsis methodica stirpium Britannicarum (1690), and the county-by-county lists of plants in Edmund Gibson's 1695 revised edition of William Camden's Britannia. As a young man, Ray traveled widely to collect plants. But even in his younger days, before illness restricted his movements, he also worked collaboratively through his correspondence, engaging "friends and acquaintance[s] who are skilful in Herbary . . . to search diligently his country for plants, and to send me a catalogue of such as they find, together with the places where they grow." In the prefaces to the second edition of the Synopsis, Ray acknowledged fifteen named contributors, among them Hans Sloane, Jacob Bobart, Robert Plot, and Edward Lhwyd.

Bacon's writings were not the only origin point for collaboration, the use of which stretched back into the sixteenth century. Collaboration as well as observation, experiment, and fact gathering were long evident in the practices and writings of surveyors, antiquaries, artisans, natural historians, alchemists, physicians, humanists, gentlewomen, gardeners, and many others in England and abroad. Although William Camden, writing at the turn of the seventeenth century, acknowledged few contributors to his popular Britannia by name, we know that he drew upon the works of many topographers and antiquaries, including William Lambarde, Sampson Erdeswicke, John Dee, George Owen, John Stow, and Richard Carew. Likewise the absorption of the older topographical tradition into writing that was self-consciously "Baconian" indicates a fundamental sympathy between the two. In his Britannia Baconica, Joshua Childrey drew many of his remarks from earlier writers such as Camden and Carew.

Though this study focuses on the topographical disciplines, the formation of a widely dispersed correspondence was not unique to them; Bacon's injunctions were widely influential, as attested by the early history of the Royal Society and the correspondences developed by such figures as Samuel Hartlib and Henry Oldenburg, which touched on many scientific fields. There were also many similarities between the topographical correspondence and the sixteenth-century astronomical community visible in the letters of Tycho Brahe. More broadly, topography and astronomy required geographically dispersed observers to collaborate with each other. Investigators distributed across different cities and countries cultivated connections with each other through travel and correspondence because developing knowledge in these fields required contributions from a wide geographical area. In the case of astronomy, this meant dispersal around the globe, as, for example, with the eighteenth-century effort to observe the transit of Venus. The more widespread observers were, the more accurately they could calculate the distance from the earth to the sun from transit data.

Correspondence and collaboration in natural history and antiquarian studies were shaped, however, by the particular priorities and demands of these fields. In the topographical disciplines, because investigators were dispersed across the landscape and the goal was to build up a complete understanding of that landscape, each one had a unique store of knowledge to contribute (even more so, perhaps, than in astronomy). This meant that priority—being scooped—was less of a concern. Though concerns related to priority and plagiarism were by no means unheard of in the topographical fields, they seem to have been more of a concern in the mathematical disciplines, natural philosophy, and mechanical philosophy, where practitioners' stores of knowledge were not unique and they were more often in competition to deliver scientific results. To take one example, Robert Hooke's career was peppered with priority feuds with Isaac Newton, Christian Huygens, and others. Furthermore the topographical disciplines were also differentiated by their political resonances. The production of knowledge through correspondence was intimately connected to the national visions promoted in topographical works. Other scientific pursuits gained presence on the political and cultural stage; Newton's preeminence in the eighteenth century was such a source of national pride for the British, for example, that his name became a byword for British science and he was accorded a state funeral at Westminster Abbey. However, no other disciplines took on as their object the formation of the "whole body and book" of the nation.

This was a distinction with a difference. There was a particularly tight connection between the construction of Britain as a scientific object and the medium of correspondence. The naturalists' Britain reflected the medium in which it was constructed. This is evident in Childrey's assertion that readers of his Britannia Baconica gained knowledge that made them neighbors to one another, though they might live at opposite ends of the island. It can be seen as well in naturalists' interest (even obsession) with the mechanics of travel and communication, especially the prominent places they accorded in their books to roads and waterways, the physical pathways that knit the country together. It is also visible in the divisions and inequalities that cut through these books, the social and intellectual hierarchies that they created between England, Scotland, Ireland, and Wales.

The medium of writing and the exchange of writing through correspondence defined the intellectual, political, and social contours of the topographical Britain. Collaboration was accomplished through the constant, ever-renewing circulation of written material. "Papers" accumulated relentlessly as scholars collected and exchanged information. One could turn to the next empty page of a notebook and scribble another observation or copy a quotation. If a notebook was full, another sheet could be folded in or a new notebook started. Those who preferred to store their notes on slips in cabinets or closets could always hook in another piece of paper. Letters piled up, gathered in bundles, bound in books, and stacked in presses, organized according to idiosyncratic personal filing systems. Papers could be continuously multiplied to accommodate the seemingly endless flow of new knowledge about nature and human history pouring through seventeenth-century Britain.

Not so with print. Print seemed to impose a finality that did not always accord with the abundance flowing from nature and human history. In the summer of 1676, John Ray wrote to his young contemporary Martin Lister, "Your Notes and Observations in Natural History do very well deserve to be made publick . . . I have only this to object to you, and my self, against their speedy Publication, that the longer they lie by you, if still you prosecute the same Studies and Enquiries, the more perfect and full they will be, every day almost adding or correcting, or illustrating somewhat; but if you have quite given over those Researches, defer not to put them out." Ray's words illustrate the common paradox of all naturalists and antiquaries, indeed all collectors, in this period: they felt an imperative to make knowledge public, and yet any making public via printing was necessarily also a cutting off, an end to one's researches that invariably left some knowledge behind. According to Ray's letter to Lister, having already given up on the project was the only justification for publishing it as it was. Concerns about representing natural and human history fully and accurately ran so deep that they could even retard the progress of correspondence. In a letter to Edward Lhuyd containing some observations on fossils discovered in the cliffs of Harwich, just south of Ipswich on the North Sea, the apothecary Samuel Dale, a close associate of John Ray, apologized for taking so long to transmit his account. His excuse was that he was "desirous of making another Tour to Harwich before I wrote, that I might accompany this with some more fossils, and make my observations more perfect."

Although "papers" were the primary medium in which natural historical and antiquarian knowledge was constructed, and print fell short in that any given printed book was an incomplete representation of the natural and human history, transferring knowledge to print was a priority for most active investigators. They regarded printing with appreciation as one of the primary tools for prosecuting and disseminating natural history, though their esteem for it could be qualified under particular circumstances. John Evelyn, in a phrase typical of the age, highlighted the "happy invention of that noble Art" in a treatise on collecting and interpreting ancient and medieval manuscripts (he was commenting on the ways in which scholars could use printed texts as aids in interpreting medieval manuscripts). Properly managed, printing made an author's words visible to the learned world, entering them into the historical record as copies found their way into private and public libraries. Naturalists particularly valued printing as a guardian against plagiarism—a handwritten text shared with one or two people was more easily dissociated from its author than was a text made available to hundreds via the press. Printed texts also fed back into the production of scientific knowledge. By the eighteenth century printed botanical catalogs were the foundation for a globalized natural history. Far-flung investigators compared the images and textual descriptions in standardized texts with specimens discovered in the field, allowing them to determine with more accuracy whether a species had been previously identified. It was just these kinds of catalogs, of plants, insects, fish, and birds, that John Ray spent his life compiling and publishing.

Printing one's writings was also one of the surest ways of preserving them for the future. In October 1691, after perusing the manuscript of John Aubrey's Naturall Historie of Wiltshire, John Ray wrote that he wished "that you would speed it to the Presse. It would be convenient to fill up the blanks, so far as you can; but I am afraid that will be a work of time, & retard this Edition." As he composed the text, Aubrey had left blanks when he lacked concrete information; many, but not all, of these had been filled in by the time Ray read the manuscript. Aubrey, an old man, had written much over the course of his life but published little—in such a case, Ray felt, getting the book into print was more important than filling in its last few lacunae. Aubrey regarded print as the surest fail-safe against misuse of his texts (including plagiarism) and the strongest platform on which to establish a scholarly reputation that would persist after his death.

Avoiding print was clearly neither possible nor desirable. But its perceived deficits could be at least partially remedied. Insofar as they could, naturalists and antiquaries sought to replicate the openness and endless expandability of scribal exchange in their printing projects. This contradicts often-assumed features (or effects) of early modern printing. Whereas Elizabeth Eisenstein has argued that the invention of the printing press allowed texts to be standardized, fixed, and widely disseminated, making the scientific revolution possible, Adrian Johns, in The Nature of the Book, argues that such features, rather than being properties inherent in printed texts by virtue of their being printed, were only painstakingly achieved over centuries as authors, printers, booksellers, and readers came to agree on a set of cultural and legal conventions governing the production and use of printed texts. Though not denying the important role that printing, or these values, played in the development of early modern science, I argue that the study of correspondence-based exchange reveals that fixity, standardization, and wide dissemination were not always naturalists' and antiquaries' primary textual or epistemic goals.

This is visible in projects that appeared in one or more substantially expanded or revised editions over the course of an author's lifetime. This phenomenon could be limited by booksellers' unwillingness to print second and third editions (they were reluctant to do so without the expectation of a ready market or some other source of financing) but not by writers' enthusiasm. However, when an initial edition of a book sold well, perhaps failing to meet the market's demand for it, the legal and economic incentives of the book market could coincide with the naturalists' ever-present desire to renew and expand their works. Consider the four editions of John Evelyn's Sylva that appeared during his lifetime. Each edition was revised to include new information as well as minor textual changes. Between the third edition in 1679 and the fourth edition in 1706, Evelyn was still rethinking word choices. More strikingly, he incorporated more material culled from both reading and experience. Evelyn communicated these changes to his printer by annotating a copy of the third edition with additions, changes, and deletions, usually identifying where they should be inserted into the text with asterisks or other symbols. The margins were marked with substantive additions every five to ten pages. Print did not in this case imply finality. In subjecting the text to further revision, Evelyn treated his printed text more like a scribal collection. The successive revisions instantiated in print the idea that the investigation of nature was never complete. Evelyn was in the lucky position to be able to put such an attitude into practice: Sylva was popular enough that his printer was willing to invest in second, third, and fourth editions.

Readers also participated in appropriating the properties of scribal texts—revisability and expandability—to printed books. As historians of early modern reading have observed, readers rarely maintained their books in the state in which they left the booksellers. At the very least they personalized them by binding them, but beyond that they added ownership marks, stray doodles, personal memorandums, and more focused marks of reading, including arrows, manicules, and stars labeling specific passages as well as more extensive reactions to the content. To that list could be added annotations and other manipulations, such as interleaving new pages for additions, that reimagined (and reengineered) the print book into a print manuscript hybrid that could be used to accumulate knowledge according to "scribal" methods. To take one example, the cleric William Turner, in A Compleat History of the most Remarkable Providences, Both of Judgment and Mercy, which have Hapned in this Present Age (a collection of stories and exempla demonstrating God's judgment and mercy in individual human lives, societies, and in nature), invited readers to treat his book as a framework for their own commonplace books. Turner instructed the skillful reader to transform the book into a print-manuscript hybrid, an endlessly expandable collection of providences, by interleaving blank pages and adding new headings. Although it is unlikely that most—or even many—readers turned A Compleat History of the most Remarkable Providences into a commonplace book, his suggestion indicates that readers would be familiar with this way of repurposing certain kinds of printed books, particularly reference compendia, as personalized notebooks. Readers also marked up printed books as part of collaborative intellectual projects. The Royal Society's copy of John Ray and Francis Willughby's De historia piscium, a catalog of fish species, includes annotations added in various hands through the eighteenth century. Readers treated the library copy as a collective commonplace book for piscine facts and observations. As these examples show, for readers, the print book could be a foundation for their own writing. Like its manuscript counterpart, it was understood as customizable, revisable, and reconfigurable.

The Plan of the Book

In this book I argue that the scientific correspondence was the ground on which Britain was constructed as a topographical object. Though conversation, scribal treatises, and print were all vital to this process, in many ways they were channeled and refracted—even given body and substance—through their movement within naturalists' correspondence. The first chapter thus anchors the book with an exploration of what, precisely, is meant by the phrase "Britain as a topographical object." The printed topographical studies of Britain that appeared throughout the Stuart era form the basis of this exploration. I show that although these studies engaged in a common project of mapping and describing Britain's human and natural history, they reflected the political and cultural divisions of the age, with no two works defining Britain in the same way. This chapter explores in particular depth the push-pull relationships between the English (especially as concentrated in London and the university towns), on the one hand, and the Scots, Welsh, Irish, and Cornish, on the other. Perhaps surprisingly, as an intellectual project the creation of a topographical Britain was by no means defined solely from the metropolitan center or even by the English; rather those on the "margins" played significant roles. Figures such as Edward Lhuyd, the Scottish physician Robert Sibbald, and the Anglo-Irish naturalist and political writer William Molyneux participated in projects that defined "Britain" from an English perspective, one that was conditioned by England's long history of pretensions to and possession of imperial power within Britain. However, they also worked to develop their own images of Britain as a topographical object and often prioritized gathering and disseminating topographical knowledge about their own regions of Britain, which they saw as a path toward the economic improvement and political empowerment of those regions. Edward Lhuyd's invention of a pan-Celtic Britain that excluded the English and England entirely was particularly significant in this regard. Digging deeper into projects such as Lhuyd's, Chapter 1 builds on a broad historical literature on early modern Britain and Britishness, showing that though individual visions of the "topographical Britain" were contested, they were created within a shared cultural context, making topography a significant avenue for the development of "Britain" and "Britishness" in the seventeenth century.

Chapter 2 dives more deeply into the social and material realities of the scientific correspondence that linked British naturalists and antiquaries. In this chapter I track the movement of letters, objects (including natural specimens, books, and antiquities), and people across Britain, from urban lodgings to college rooms to remote mountaintops. This movement was accomplished via the state-run mails, which carried letters; a network of private carriers who transported larger packages by horse-drawn cart and boat; and the personal travel of individual scholars and their associates, who transmitted all of the above and conveyed personal messages, greetings, and news in their conversations with each other.

The scholarly project of documenting the topography, antiquities, and natural history of Britain developed alongside these networks, which provided the only way to unite far-flung observers in common projects. The Royal Mail was gradually established over the sixteenth and seventeenth centuries; previously those wishing to correspond with others—both domestically and abroad—had depended on willing merchants or friends traveling in the same direction, or access to diplomatic mail bags. Though civil war disrupted the mails, by the Restoration transporting private and government letters via horseback was a lucrative business. Starting in the late seventeenth century the government started to devote more funds to improving roads and building canals, allowing for speedier, more regular internal communication, transportation, and travel via horseback, cart, carriage, and boat. The topographical disciplines' reliance on correspondence is illustrated by scholars' attention to the materiality of correspondence and transport in their writings and published works. Scholars' letters from throughout the period are dotted with references to the necessity of an "active and large correspondencie" and the mechanics of sending and receiving letters. In A Collection for Improvement of Husbandry and Trade, a bimonthly newsletter published from 1692 to 1703, the apothecary John Houghton published informative essays on practical scientific developments alongside carrier and coaching timetables as well as lists comparing the prices of goods in various market towns. Scientific and technical advancement was tightly connected to the practicalities of long-distance communication across Britain.

Each subsequent chapter examines a different aspect of early modern British scientific communication, situating it in relation to the correspondence. Chapter 3 turns to conversation as a medium through which knowledge was created and scientific community sustained. Conversation, like correspondence, was a social activity, undertaken for pleasure as much as for information. Naturalists and antiquaries sought out conversation with each other whenever possible; both scientific travel and the establishment of scientific and antiquarian societies, including the Royal Society and the Society of Antiquaries, were rationalized in terms of the opportunities they provided for conversation. London and the university towns of Oxford and Cambridge were the loci of scholarly conversation; many letters ring with happy remembrances of friendly meetings there and expressions of hope that such visits could be arranged again soon. When meeting face-to-face, scholars could also accomplish tasks that were difficult, if not impossible, to carry out through correspondence, such as cowitnessing of observations and experiments, studying the same specimen together, and delving into and resolving difficult questions that were too complicated or detailed to specify in writing.

Yet conversation also had its weaknesses: unless written down, it was quickly forgotten (or misremembered) and was necessarily confined to the people in the room or on the street corner where it occurred. Conversation made naturalists anxious: it was ephemeral, all too easily dissolving into empty talk, and it could persuade by rhetorical tricks rather than truth. They addressed these concerns by creating structures to capture conversation in writing and divert it into the stream of knowledge-making: the Royal Society was one such structure. At its inception, founding fellows instituted procedures for recording, archiving, and disseminating the fruits of conversations held at weekly meetings. As members of an exclusive society, they also controlled who could participate in those conversations. Though the criteria for participation were a subject of some controversy in the society's early years, in general they valorized gentlemanly, polite discussion that centered on "matters of fact" and that could, in principle, be witnessed by all (one might contrast here the more raucous, freewheeling conversations of the London coffeehouses). Conversation was thus more fully incorporated into the production of natural knowledge: it was converted into paperwork.

Writing and conversation had a complex, back-and-forth relationship. The Royal Society did not always originate conversation; rather the fellows frequently used writing as fodder for conversation by reading those letters and discussing them and then turned that conversation back into writing in the form of meeting minutes and further correspondence. This system reflected the reality that naturalists and antiquaries were distributed across Britain, and indeed around the world, as well as, in the case of topography, the field's intellectual requirement of geographical distribution. In integrating conversation into an ongoing system of written communication and record keeping, the fellows of the Royal Society instantiated their Baconian vision of the creation of natural knowledge as an iterative, open-ended process. But they did something surprising as well: they turned conversation into a source of credible knowledge, even to the point where it was the conversation itself that gave written and printed texts, including the articles that appeared in the early Philosophical Transactions, their credibility.

Chapters 4 and 5 take on manuscript and print as modes for creating, exchanging, recording, and disseminating natural historical and antiquarian knowledge. Chapter 4 looks in more detail at a particular episode of scribal exchange. I explore the connections between early modern natural history and the media in which it was disseminated through a fine-grained examination of John Aubrey's Naturall Historie of Wiltshire, which Aubrey assembled and circulated to readers between 1665 and his death in 1697. Aubrey produced two copies of the text: the original, a rough working copy, now in the Bodleian Library; and a fair copy, now in the Royal Society Library. The major claims of this book are illustrated by Aubrey's manuscript, particularly through the ways in which it was studied, annotated, and excerpted by its readers. A close analysis of the two copies, and the history of how Aubrey assembled, used, and shared them, reveals that early modern naturalists worked through scribal exchange because papers could more easily be repeatedly revised and expanded as well as shared only among limited coteries of readers for comments and additions. The history of Aubrey's writings shows that fixity and standardization were not necessarily naturalists' primary textual or epistemic goals. It also illustrates how the particular affordances of manuscript made possible the characteristic early modern approach to natural and human history, in which new knowledge was continuously accreted through correspondence, conversation, observation, and reading.

Yet Aubrey's story also illustrates the limits of manuscript and the importance that naturalists placed on print as a mode for distributing knowledge, albeit from within the context of correspondence. Aubrey's Naturall Historie was read in the seventeenth century only in its manuscript form; it was never printed. This was not Aubrey's choice but was a strategy forced on him by his circumstances. Aubrey, born a gentleman, was ruined financially at mid-life and forced to sell his estates. For a time he frequently changed addresses in order to evade debt collectors. All this to-ing and fro-ing impeded his abilities to complete projects; he wrote The Naturall Historie over decades. As he entered his seventh decade, completing this and others of his works took on greater and greater urgency, and he devoted increasing amounts of time to filling in the gaps in his manuscripts and sharing them with readers. Yet Aubrey was unable to convince a bookseller to take a risk on one of his works; nor could he assemble the capital to finance printing them himself, with the exception of Miscellanies (1696), a collection of notices of seemingly supernatural events. In the case of The Naturall Historie, Aubrey—and his contemporaries, including John Ray—thought that circulating the manuscript should have been preparatory to printing. Knowledge was constructed through scribal exchange rooted in correspondence, but print was increasingly regarded as the proper output of that construction process. Aubrey saw his failure to print primarily as a failure to make his scientific contributions visible to posterity; his friends and readers saw it as a failure to make his contributions available to his contemporaries. Their attitudes suggest a certain emphasis on print as an organ for the dissemination and preservation of knowledge.

With these insights in mind, in Chapter 5 I consider print as a product of correspondence-based exchange, looking at scholars' use of subscription to finance publication and build readerships for their books. With subscription, authors and booksellers financed printing by signing up readers who paid a portion of the purchase price of the book in advance, with the rest to come at delivery. They assembled these readerships through their correspondence. Naturalists and antiquaries initially turned to subscription because their books were expensive to produce (engravings, in particular, came at a high cost) and drew limited audiences. Booksellers could be reluctant to take on such projects unless they were guaranteed in advance of selling copies and turning a profit. However, in the hands of late seventeenth- and early eighteenth-century naturalists and antiquaries and their readers, subscription publication was about more than financial contracts. In successful subscription publications, authors worked through their correspondence, developing their audience by building on existing personal contacts and inviting reader-correspondents to participate in shaping the content and material form of the books.

In Chapter 5 I focus in particular on the Welsh naturalist Edward Lhuyd's use of subscription to fund two projects, a 1699 fossil catalog (Lithophylacii Britannici ichnographia) and his Archaeologia Britannica, cut short by his death but planned as a multivolume survey of the antiquities, languages, and natural history of the Celtic regions of Britain. In the latter case, Lhuyd used subscription to accomplish what we might term eighteenth-century "crowd-sourcing" and "crowd-funding," with subscribers financing research and publication as well as producing some of the books' content. Lhuyd used printed tools to accomplish this, distributing subscription proposals through his correspondence as well as questionnaires that invited correspondents to contribute intellectual content according to a standardized form. Expanding his correspondence and creating a broad readership—that is, getting access to both information and financial support—were part and parcel of each other. His correspondence was his readership; his readership was his correspondence. Moreover printed books and readerships were constructed together, and the final publications, in their material, textual, and social aspects, were products of correspondence-based exchange. This chapter in particular illustrates the tight connections between the correspondence as a social formation and the "topographical Britain" that came out of that correspondence.

Chapter 6 examines naturalists' and antiquaries' attempts to ensure the survival of their papers, the products of lifetimes of scribal exchange, beyond their deaths. I return here to John Aubrey's story: his quest to ensure the survival of his papers by placing them in the Ashmolean Museum was all the more urgent because he had published very little. Many scholars regarded their papers as distinctly fragile, especially compared to printed books, because most of the materials they had amassed existed nowhere else but in the chests, presses, and cabinets where they were stored. Once the writers were dead, their papers were likely to be dispersed, destroyed, and recycled. Even if friends, relatives, and associates valued a dead man's papers for their intellectual content, these papers were unlikely to survive his death intact. Occasionally a collection of papers might be passed down through a family or to a friend who carried on the scholar's work. If a family was well established and possessed an estate, papers stashed in the library might also survive, whether through neglect or more active care and curation. More likely, though, a widow or a son, facing straitened financial circumstances, would recognize that a few pounds could be received for a collection, or a few treatises in it that were ready for the press, and sell it (or them) to a bookseller. Even if the bookseller purchased the whole collection, he was likely to break it up, auctioning off some pieces, publishing others, and junking the rest. In other cases former associates helped break up a collection, raiding it for materials that were either useful to them or potentially damaging to their reputations.

These were, from the dead man's perspective, the best-case scenarios. In fact, for many relatives and friends not engaged in scholarly activities (and even for some who were), the value of parchment and paper lay in the uses of the material itself, not the content. Used paper was recycled in any number of ways: sheets could be used to line pies during baking or be made into dress patterns, for example. Beyond these more mundane threats, scholars also had to consider Britain's recent history as an inhospitable home for books, manuscripts, and papers of all kinds. During the Reformation the monastic and university libraries had been destroyed or practically emptied of their books, and untold texts had been dispersed. Through the seventeenth century, numerous religious and civil disturbances, including a civil war, the Popish Plot, and the revolution of 1688-1689, continued to threaten the security of books and papers in both private and public hands.

British naturalists and antiquaries thus lived in a world profoundly hostile to the survival of their intellectual patrimony. To remedy this, they established and stocked with materials institutions that, as part of their mission of promoting experimental philosophy and natural knowledge, preserved books, manuscripts, and personal papers. In the seventeenth century these included the Ashmolean Museum and the Royal Society. This movement continued in the eighteenth century with the physician Hans Sloane's collecting activities and the founding of the British Museum. Naturalists' and antiquaries' efforts to preserve their papers within these institutions tell us much about their understanding of science as a cultural enterprise and their own hopes and expectations regarding their place in history. In establishing these archives within institutions devoted to scientific research, they signaled their hope that future scholars would use their materials to continue building Baconian accounts of natural history and antiquities. They were determined to exert ongoing influence over future scientists by making it possible for them to appreciate and make use of their forbears' contributions as authors, collectors, and investigators. Their efforts also suggest a presumption that scientific activity would continue to be a cumulative endeavor and that they were future scholars' collaborators. In inventing the archive, naturalists and antiquaries attempted to build correspondence-based methods of scribal exchange into the foundations of the new science.

This book plaits together strands in the history of science, the history of the book, and the history of Britain. It deconstructs the interrelated systems of writing, print, and conversation that naturalists and antiquaries built as they sought to develop knowledge of natural and human history in Britain along Baconian lines. These chapters show how writing and correspondence, as open-ended, iterative modes of communication, drove those systems. Brought to the fore are the relationships between correspondence and the intellectual and political project in which naturalists and antiquaries were engaged. This shows how complicated and often vexed topographical images of Britain emerged out of naturalists' and antiquaries' correspondence, shedding light on their roles in the formation of a shared national culture within Britain as well as on the development of "Britain" as an idea. Ultimately, this book not only demonstrates new ways of reading the intertwined development of science and nation in early modern Britain but also serves as a model for grounding our understanding of the construction of scientific knowledge and the formation of scientific communities in the material and social realities of communication, which, taken together, constitute "sociable knowledge."

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Grammar and Christianity in the Late Roman World (Divinations: Rereading Late Ancient Religion), by Catherine M. Chin

Between the years 350 and 500 a large body of Latin artes grammaticae emerged, educational texts outlining the study of Latin grammar and attempting a systematic discussion of correct Latin usage. These texts—the most complete of which are attributed to Donatus, Charisius, Servius, Diomedes, Pompeius, and Priscian—have long been studied as documents in the history of linguistic theory and literary scholarship. In Grammar and Christianity in the Late Roman World, Catherine Chin instead finds within them an opportunity to probe the connections between religious ideology and literary culture in the later Roman Empire.

To Chin, the production and use of these texts played a decisive role both in the construction of a pre-Christian classical culture and in the construction of Christianity as a religious entity bound to a religious text. In exploring themes of utopian writing, pedagogical violence, and the narration of the self, the book describes the multiple ways literary education contributed to the idea that the Roman Empire and its inhabitants were capable of converting from one culture to another, from classical to Christian. The study thus reexamines the tensions between these two idealized cultures in antiquity by suggesting that, on a literary level, they were produced simultaneously through reading and writing techniques that were common across the empire.

In bringing together and reevaluating fundamental topics from the fields of religious studies, classics, education, and literary criticism, Grammar and Christianity in the Late Roman World offers readers from these disciplines the opportunity to reconsider the basic conditions under which religions and cultures interact.

  • Sales Rank: #1290623 in Books
  • Brand: Brand: University of Pennsylvania Press
  • Published on: 2007-10-24
  • Original language: English
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  • Binding: Hardcover
  • 280 pages
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  • Used Book in Good Condition

Review

"Breathtaking both in the scope of its intellectual ambition and in its actual accomplishment. . . . Classicists, students of Christianity, and anyone remotely interested in the formation of the 'Western' tradition in art and literature will find in this study a sobering reminder of the importance of late antiquity and Christian culture in the creation of what everyone now refers to as the classical past."—Richard Lim, Smith College

About the Author
Catherine M. Chin teaches in the Religious Studies program at the University of California, Davis.

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Immigration Judges and U.S. Asylum Policy (Pennsylvania Studies in Human Rights), by Banks Miller, Linda Camp Keith, Jennifer S. Holmes

Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system.

With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.

  • Sales Rank: #1925572 in Books
  • Published on: 2014-11-19
  • Original language: English
  • Number of items: 1
  • Dimensions: 9.25" h x 6.25" w x 1.00" l, .0 pounds
  • Binding: Hardcover
  • 248 pages

Review

"A tour-de-force. The authors skillfully blend theories of human rights in international relations, immigration control, and judicial process to develop a convincing framework for understanding asylum policy in the United States."—Idean Salehyan, University of North Texas



"This is an excellent and important book. Through a series of careful analyses based on an extraordinary body of data, the authors provide a rich picture of the considerations that shape decisions by immigration judges in asylum cases. Their insightful interpretations of their findings do much to inform the discussion of proposals to change the system of adjudicating applications for asylum. Because of its impressive use of an innovative cognitive framework for analysis of judges' decisions, the book also makes a valuable contribution to the study of judicial behavior."—Lawrence Baum, Ohio State University

About the Author
Banks Miller teaches political science at the School of Economic, Political, and Policy Sciences at the University of Texas at Dallas. Linda Camp Keith is Associate Professor of Political Science at the School of Economic, Political, and Policy Sciences at the University of Texas at Dallas. She is author of many works on human rights and the rule of law, including Political Repression: Courts and Law, also available from the University of Pennsylvania Press. Jennifer S. Holmes is Professor of Public Policy and Political Economy at the School of Economic, Political, and Policy Sciences at the University of Texas at Dallas. She is author of Terrorism and Democratic Stability.

Excerpt. © Reprinted by permission. All rights reserved.

Chapter 1. Introduction

In this book we seek to enhance understandings of why immigration judges (IJs) do what they do. We perceive IJs as the linchpin of U.S. asylum policy, and we assert in these pages that understanding how IJs decide asylum cases is the best place to begin trying to grasp asylum policy in the United States. In addition, the IJs offer an interesting case study from the perspective of scholars of judicial behavior because they decide cases in highly ideological fashion even though they are analogous to trial judges, a situation that is not often depicted in the literature. We attempt to move beyond the asylum literature's focus on disparities in grant rates as the primary criticism of the U.S. asylum process. Instead we focus on theoretical constructs—largely adapted from theories of judicial decision making—that allow us to better understand the conditional nature of IJ decision making. This approach leaves us with the overriding sense that eliminating disparities in IJ adjudication is akin to tilting at windmills—the causes of variation are too deeply embedded and the contexts in which decisions are made are too varied and influential. Instead, we implicitly focus on the quality of IJ decisions—a focus we make explicit in our final chapter, where we offer several concrete suggestions for improving the quality of decision making by IJs.

U.S. asylum policy represents a unique intersection of foreign and domestic policy. The implementation and adjudication of asylum cases triggers a wide range of potentially conflicting interests including international human rights norms, national security issues, geopolitical interests, border and immigration control, and the national and state economies. Asylum adjudications are enmeshed in a complicated web of domestic immigration law, U.S. treaty obligations, and federal jurisprudence. Recently, significant changes have been made in U.S. asylum law in response the terrorist attacks on the United States and in response to fears of economic migrants flooding the country. These changes have in turn triggered concerns that the law has become too draconian to meet our treaty or broader humanitarian obligations and ultimately may have left legitimate asylum seekers vulnerable. The individual adjudications of asylum law are made in an asylum system that spans two executive branches (the Department of Justice and the Department of Homeland Security) and that are overloaded and underresourced at every stage of the process. Components of the system have been politicized, such as the hiring process of IJs under Attorneys General Ashcroft and Gonzales and the ideological culling of the Board of Immigration Appeals by Ashcroft.

The key adjudicators—IJs—have generated a significant amount of controversy in regard to the consistency and fairness of their judgments, to such an extent that some critics have concluded that the decision of whether an individual gets asylum depends mostly upon the judge the individual draws. Both IJs and the Board of Immigration Appeals (BIA) have drawn criticism from the federal courts for the quality of their work. IJs in turn point to their crushing caseloads, limited support, and complicated cases, and limited independence from the Department of Justice (DOJ)—a point repeatedly made to multiple presidents and to Congress—most recently appealing to both the Senate and the House in the current attempts at immigration reforms. These issues have generated increasing concern and concomitant scrutiny of the asylum process and its various actors by commentators, activists, and scholars. In this book we engage in a theoretically driven, systematic, and rigorous examination of the core asylum adjudicator—the IJ. Our study allows us to empirically test the key criticisms and issues raised in regard to asylum decisions and U.S. asylum policy more broadly. Our theoretical underpinning allows us to offer explanations of IJ decision making that may inform future asylum policy or reforms.

In this book, we seek to better understand U.S. asylum policy by focusing on those whom we consider to be the most important, yet relatively unstudied, actor in the convoluted asylum bureaucracy: IJs. We have decided to focus on IJs for a host of reasons, some theory driven, some substantively driven, and others data driven. Most important from our perspective, IJs decide the majority of asylum cases in the United States and decide them with a significant degree of finality. The BIA, the body responsible for review of the decisions of IJs, reviews only 47 percent of the merit asylum decisions made by IJs (a high percentage to be sure) and upholds 74 percent of the decisions that they review. Combining these percentages means that 12 percent of the decisions made by IJs are reversed. Although this reversal rate may be high in comparison to the rates of Article III courts, nonetheless IJ decisions are usually final.

Below the IJs in the asylum bureaucracy are the asylum officers (AOs). They are the first to review affirmative asylum cases (we explain the distinction between affirmative and defensive asylum claims below). AOs tend to act as a rather permeable filter in the process, culling the cases in which it is clear that the claimant has a right to asylum and then passing the more difficult cases up the chain to the IJs. About one-third of the applicants who are eventually granted asylum receive it from AOs at this early stage of the process. In short, IJs decide the majority of asylum claims and virtually all of the cases in which asylum is not clearly due to the applicant. For these reasons, IJs tend to decide substantively more difficult cases than do the AOs.

Our interest is also in analyzing the individual decision making of the IJs as opposed to summaries of aggregate trends across courts or time, or comparisons within courts. This is because we believe, theoretically, that an understanding of the asylum bureaucracy starts with an understanding of the case-level decision-making process of IJs. That is, how do IJs decide each individual case before them? Which factors matter most and how? Thankfully, data are available on the decisions made by individual IJs in cases from at least 1990 onward. Such data are not publicly available, to our knowledge, for the AOs at all and, though individualized case outcomes are available for the BIA, data are not available on the decisions of individual members in the BIA. Therefore, given our theoretically driven focus on individualized decision making, it is not possible to study the AOs or the BIA in sufficient detail. We recognize that IJs make decisions at the midlevel in a complex bureaucracy, and that the context in which they make their decisions is crucial to understanding them. Therefore, we are able to utilize the aggregate statistics that we generated for both the AOs and the BIA where appropriate to ensure that we have properly contextualized the decision making of the IJs without also overcomplicating our desired focus. Furthermore, in Chapter 5 we focus on how the BIA affects IJ decision making.

We undertake the most thorough examination of the decision making of IJs ever attempted in the literature. To that end we analyze the IJs from a number of perspectives, beginning with a basic cognitive model of their decision making in cases that incorporate the extensive literature on judicial decision making as well as the concerns of international relations scholars. We engage in a cross-sectional analysis of all of the decisions of IJs in every asylum claim decided on the merits between 1990 and 2010, a total of over half a million claims. Although Congress has limited what data are available about applicants due to privacy concerns, we do know the form of relief requested, case number and outcome, applicant's country of origin and language spoken, and whether or not the applicant had a lawyer. From this, we are able to leverage country of origin characteristics to form a more complete picture of the applicant's case for asylum. We then expand our perspective to focus on how local demographic, economic, and political factors affect IJ decision making, drawing upon dominant theories within the broader immigration literature including variations of contact and threat theory. We next account for how the prospect of BIA review might influence IJ decision making. Finally, we analyze the aggregate trends in asylum decision making across the span of our data in an attempt to better understand the dynamic nature of policy interventions in the asylum process, drawing upon key policy perspectives within the immigration literature.

Our theoretically driven focus and rigorous empirical analysis allow us to generate a substantive understanding of asylum decision making that should speak directly to various policy makers considering a variety of proposals that have been advanced for reforming the asylum system and the broader immigration system. Critics argue that past policies, laws, and DOJ regulations promulgated in response to the threat of terrorists, undocumented immigrants, and an unwieldy asylum system have generated unintended consequences for both the asylum seeker and the U.S. asylum bureaucracy. We examine these expectations empirically and believe that these analyses can inform a discussion about the potential unintended consequences of currently debated reform. Indeed, this is one of the major benefits of our approach: because we have a well-developed theory of how the IJs decide cases, we have insight into which parts of that decision-making process are amenable to change and how policy makers might go about making the desired changes. We turn next to a brief summary of asylum law and the recent controversies that have surrounded IJs.

Asylum and Refugee Status in International Law

Following World War II, in 1951 the United Nations General Assembly promulgated the Convention Relating to the Status of Refugees (hereafter the Convention), which sets out rights and obligations of states to refugees. The core principle of non-refoulement underpins the international refugee regime. Generally speaking, this principle prohibits states from forcibly returning individuals who fear a return to their country of origin. For an individual to be eligible for protection, this concern must be based on a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion. While the general intent of the regime is protection of refugees, from the outset the Convention reflected the Eurocentric political realities of the time and provided legal protection to only a limited set of refugees. To qualify, individuals had to be refugees as a "result of events occurring before 1 January 1951." In addition, countries were able to exclude refugees from outside of Europe. To do so, they were allowed to make a "declaration when becoming party, according to which the words 'events occurring before 1 January 1951' are understood to mean 'events occurring in Europe' prior to that date" (United Nations High Commissioner for Refugees [UNHCR] n.d., 2). The United States, which had played a strong role in restricting the scope of international protection of refugees under the Convention, did not join the 1951 Convention. For U.S. policy makers at that time "the most important aspects of American refugee policy were maintaining international attention devoted to refugees from Communist countries, encouraging emigration from the Eastern bloc, and minimizing appeals for assistance funds to refugees" (Betts, Loescher, and Milner 2012, 21). Instead it created "two other U.S.-led organizations that were parallel to and outside the purview of the United Nations" (Loescher 2003, 7 and see also Copeland 2003, 108-9) to limit the functional scope of the UNHCR.

Over time the legal norm expanded, in large part due to the efforts of the UNHCR, which successfully pushed for universal coverage for refugees, which was achieved with the promulgation of the 1967 Protocol eliminating the original geographical and temporal restrictions (Betts, Loescher, and Milner 2012, 30). The United States strongly supported and joined the 1967 Protocol. The move clearly signaled a change from its previous unilateral Cold War policies, which we discuss in the next section.

Today the right to non-refoulementis widely considered to be a part of customary international law and thus would apply even to states that are not formally a party to the 1951 Convention or Protocol (Goodwin-Gill and McAdam 2007, 345 and citations within). In 2001, the state parties to the Convention issued a declaration "reaffirming their commitment to the 1951 Convention and the 1967 Protocol" and "recognizing in particular that the core principle of non-refoulement is embedded in customary international law" (UNHCR n.d., 4).

U.S. Asylum and Refugee Law and Policy

Asylum law in the United States is domestic law that is "expressly based on international law (Anker 2011, 2). As Cianciarulo notes, the passage of the 1980 Refugee Act, "which sought to give statutory meaning to our national commitment to human rights and humanitarian concerns . . . ushered in a new era of refugee protection" (Cianciarulo 2006, 109-10). The 1980 Refugee Act was the first congressional act to specifically address refugees and asylum seekers. Previously, Congress had controlled immigration through rigid quota systems such as those implemented under the Immigration and Nationality Act of 1952 (INA), although presidents spanning FDR to LBJ had creatively skirted congressional limits by directing their attorneys general to use their power of parole to allow aliens, and thus unilaterally had admitted large numbers of refugees outside of the quota systems.

The 1980 Refugee Act repealed the INA's geographical and political limitations and lifted numerical caps on the number of annual asylum grants (Cianciarulo 2006). Cianciarulo argues that with the passage of the 1980 Act (along with the Supreme Court's recognition of the implications of the Act in INS v. Cardoza-Fonseca), "asylum was no longer an ad hoc, marginal immigration procedure entirely subject to the whims of policy" (110). Anker (2011, 17) argues that Congress's intent in enacting the legislation was "to conform provisions of U.S. law to the Refugee Convention." According to the House committee report, the act represented an intention to emphasize and make paramount "the plight of refugees themselves, as opposed to national origins or political considerations" (as cited in Gibney 1988, 111). However, this does not mean that it was entirely free of foreign policy or national security interests. Gibney (2004b, 157) argues that even after the 1980 law, "through State Department opinions, the ideological predilections of the Administration found their way into Immigration and Naturalization Service (INS) asylum decisions" (see also Ferris 1987, 126). We discuss this more in Chapter 3 when we examine the role of U.S. foreign policy interests in asylum outcomes.

Today, there are two paths through which individuals may claim refugee status in the United States—either as a refugee or as an asylee. Both paths require that individuals fulfill the definition of refugee in the INA. Refugees apply for status outside of the United States, while individuals requesting asylum do so from within the United States or upon arrival at a port of entry. Refugee quotas and regional allocations are set by the president, who consults with Congress. In addition to INA eligibility, refugees must come from a country that is of "special humanitarian concern to the United States" and must not be resettled in another country or ineligible due to security, criminal, or other factors as determined by U.S. Citizenship and Immigration Services (USCIS) (Martin and Yankay 2012, 1-2). While asylum is discretionary under U.S. law, there are no numerical limits, as there are for refugees. The United States has been a major refugee receiving state. As Gibney (2004b, 132) notes, no Western state has admitted more refugees than has the United States since the end of World War II. However, refugee flows into the country have dramatically decreased, particularly since the September 11 attacks. Recently, the number of refugee admissions has subsequently begun a slight recovery, as seen in Figure 1.1, which plots the number of asylum grants by IJs compared to annual refugee inflow from 1990 to 2010. There is a striking negative relationship between the two series, which have (at the annual level) a correlation of -.91. Each series is plotted on its own scale, with the number of asylum cases on the right axis and refugee inflow on the left axis. Since these are the two paths through which individuals can escape persecution and seek to gain legal protection within the United States, it is reasonable to find that trends across the two potential routes to safety in the United States interact. Exploring this connection is beyond the scope of this work, but we plan to address the relationship in subsequent work that focuses on the broader U.S. refugee system.

The Asylum Process

Today U.S. law provides three treaty-based forms of relief or protection for individuals fleeing persecution: (1) asylum and (2) withholding of removal—which are based on the 1951 U.N. Refugee Convention and the 1980 Refugee Act—and (3) protection against return under Article 3 of the Convention Against Torture (CAT). The CAT narrowly prohibits the return of a person to another country if there are substantial grounds to believe he or she would be subjected to torture. Since 1999, the United States has also been bound under this obligation through the Foreign Affairs Reform and Restructuring Act of 1998. Each of the three forms of protection offers different levels of relief or benefits and each has somewhat varying legal thresholds that must be met. We discuss these fully in Chapter 2. Next we turn to the asylum process and the institutions and actors within the various stages of the process.

The asylum process today involves two executive departments—the DOJ and the Department of Homeland Security (DHS). Generally speaking, jurisdiction over the asylum process between the DOJ and DHS can be demarcated as follows: "DHS has jurisdiction over 'border' or credible fear interviews and first instance affirmative asylum applications (for persons who voluntarily apply before the institution of removal proceedings)" and "DOJ has jurisdiction over asylum applications determined in the course of removal proceedings, as well as over withholding of removal and applications for protection the Convention Against Torture" (Anker 2011, 12). In January 1983, the Executive Office for Immigration Review (EOIR) was created as a separate agency within the DOJ through an internal DOJ reorganization that combined the BIA with the IJ function previously performed by the former Immigration and Naturalization Service (INS), making the immigration courts independent of INS, the agency that at the time was charged with enforcement of U.S. immigration laws.

The EOIR is charged with administering immigration courts nationwide. The EOIR, located in Falls Church, Virginia, is headed by a director who reports directly to the deputy attorney general. Within the EOIR, the Office of the Chief Immigration Judge provides overall program direction of fifty-nine immigration courts throughout the United States and has administrative supervision for approximately 260 IJs. This number has been slowly increasing over time, in an attempt to reduce the backlog of cases. The BIA serves as the highest administrative tribunal adjudicating immigration matters, and has responsibility for interpreting and applying immigration laws nationally. The BIA is constituted by a directive of the attorney general and is authorized to have as many as fifteen members who serve at the pleasure of the attorney general. The BIA has broad authority to review decisions of IJs and does so through a paper review process.

IJs are administrative adjudicators who are formally appointed by the deputy attorney general; however, the EOIR and the Chief Immigration Judge handle their hiring. Current qualifications set by the attorney general require only that the candidates have seven years of prior legal experience. IJs arguably have less structural independence than federal judges and potentially less independence than administrative law judges. Nonetheless, they maintain a high degree of independence. The INA (Section 240) states that "in deciding the individual cases before them . . . IJs shall exercise their independent judgment and discretion." IJs (originally known as Special Inquiry Officers) act as trial-level judges at this stage with asylum hearings being somewhat adversarial in process if the applicant has an attorney.

The Asylum Officer Corps (AOC) was created as a part of the INS belatedly in October 1990—a decade after the 1980 Refugee Act and in response to a push for further reform of asylum in 1990 during the Bush administration; the AOC was "intended to ensure that political-asylum rulings are 'fair and sensitive'" (Koehn 1991, 232). AOs were placed under the authority of the DHS by the Homeland Security Act of 2002. They are now housed within the new USCIS, which has responsibility for enforcing federal immigration laws and administering immigration and naturalization benefits. There are eight asylum offices across the country, with over three hundred AOs serving.

A noncitizen who is physically present in the United States may seek asylum through either an affirmative or defensive process (see Figure 1.2). In the affirmative process, the applicant voluntarily identifies himself or herself through an application with the USCIS. The individual may or may not have valid status in the United States at the time of the application, but the application is not initiated during removal proceedings. In the affirmative process, once an application is filed, the applicant will receive notice to be fingerprinted and then will receive a notice to appear for an interview with an AO, who will review the application in a nonadversarial process in which the applicant must bring his or her own interpreter if desiring one. AO decisions are reviewed by a supervisor with the AOC. AOs are empowered to grant asylum, but the rates are rather low, as we can see in Table 1.1. The grant rate ranges from a low of 22 percent in 1997 to a high of 47 percent in 2000. As of 1995, if the application is denied and the applicant does not have valid immigration status, the applicant is referred to the immigration court for a de novo hearing and is now in removal proceedings. At this point the asylum seeker enters the defensive asylum process. The referral rates have ranged from 49 percent in 2000 to 73 percent in 1996.

In the defensive process, typically the noncitizen has been apprehended within the United States and is in removal proceedings in immigration court when the applicant makes application for asylum. A second stream of defensive applicants consists of aliens who arrive at a U.S. port of entry without proper documentation and who are placed in the expedited removal procedures that went into effect in 1998 under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which we will discuss further in subsequent chapters. If these individuals express a fear of persecution, they are detained and receive a "credible fear" interview with an AO; otherwise the immigration officer at the port of entry can deny admission and summarily remove the aliens. If the aliens are found credible by the AO, the individuals are referred to an IJ for a hearing.

In the defensive process, applicants can apply for all three forms of relief if appropriate. The EOIR provides the applicants with an interpreter for the IJ hearings, but representation is not provided. If the applicants are not represented, the IJ guides them through the proceedings and advises them of their rights and options for relief or removal (Alexander 2006; Transactional Record Access Center [TRAC] 2009). Judges usually provide an oral decision at the end of each hearing due to caseload constraints. On the right side of Table 1.1 we report the IJ grant rates. In the last column we report the grant rates for any form of relief (including asylum, withholding of removal, or withholding of removal under the CAT), which range from a low of 17 percent in 1995 to a high of 58 percent in 2010. Of the three forms of relief, applications for asylum have consistently been the most successful, ranging from grant rates of 17 percent in 1995 to 49 percent in 2010. Withholding of removal has been granted considerably less often, with a high of 7 percent or 8 percent from 2005 forward, and relief under the CAT has rarely been granted thus far. Understanding these time trends is important in attempting to describe the current state of U.S. asylum policy, and we take up that analysis in subsequent chapters.

Both applicants and the DHS may appeal IJ decisions to the BIA, but the government appeals few cases in practice. IJ decisions are subject to the reasonableness standard of appellate review, which requires that the BIA find that the IJ reached unreasonable conclusions in order to reverse a decision. The facts of a case are reviewed for clear error by the BIA, whereas application of the law is reviewed de novo. Table 1.2 presents the annual number and percentages of asylum cases appealed in between 1990 and 2010, along with the percentage of appeals that favor the asylum seeker. As noted at the outset, about half of all applicants eventually seek review with the BIA, but only about one-fourth of those petitions that are reviewed are overturned. The peak year for asylum appeals was 2003, with just over twenty thousand cases appealed, although, as an overall percentage of decided cases, the rate is much higher before 1996 than after. Similarly, in general it appears that the BIA was friendlier to applicants in the early 1990s than at any other period in our data. We explore these trends more in Chapter 5. Board decisions may be referred to the attorney general for review at either the attorney general's request or the request of DHS. The attorney general may vacate any BIA decision and instead issue his or her own decision. Applicants for relief may seek judicial review of final agency decisions with the appropriate federal circuit court. In the past decade, it has been the voice of federal circuit judges (joined by the media and the law profession) that has raised serious questions about the asylum process, specifically in relation to IJs.

Immigration Judges: Controversies and Issues

Law professors and the media have increasingly scrutinized immigration courts and the behavior of IJs. This attention has been fueled by "federal appeals courts around the country complain[ing] of a pattern of biased and incoherent decisions on asylum and rebuk[ing] some immigration judges by name for 'bullying' and 'brow-beating' people seeking refuge from persecution" (Bernstein 2006; see also Legomsky 2007). In March 2007 the New York Times reported confirmation from the EOIR that "11 of the nation's roughly 215 immigration judges had been temporarily suspended from courtroom duties since June, 'based on concerns about how they were conducting immigration proceedings'" (Bernstein 2007). Bernstein's story of New York IJ Jeffrey Chase illustrates some of the frustrations experienced by IJs as well as the attorney general and the federal circuit courts. Judge Chase, who was a former human rights advocate and chairman of the American Immigration Lawyers Association's National Asylum Reform Task Force, had "rallied on behalf of people from China seeking asylum," but as Bernstein notes "before long, incredulous tirades became his trademark in many Chinese asylum cases, according to court records and interviews with a dozen lawyers" as his frustration grew over "a pattern of boilerplate claims that he suspected had been concocted by smugglers." The Second Circuit Court of Appeals rebuked Judge Chase in multiple decision for "'pervasive bias and hostility,' 'combative and insulting language,' and remarks 'implying that any asylum claim based on China's coercive family planning policies would be presumed incredible' and criticized the judge's decisions for 'a plethora of errors and omissions'" (Bernstein 2007, n.p.). Judge Posner of the Seventh Circuit Court of Appeals has been a frequent critic of IJs. TRAC notes in particular Posner's decision to vacate a particular IJ decision "based on six 'disturbing features'" in which he expressed the view that "these disturbing features bulk large in the immigration cases" (TRAC 2006, n.p.). While Judge Posner cautioned that the cases before him may not be completely representative, TRAC concluded differently:
TRAC's analysis of the decisions of most of the nation's immigration judges about tens of thousands of different asylum cases, however, provides powerful evidence that the problems of the immigration court go far beyond the failings of a few rotten apples—the individual judges criticized by Attorney General Gonzales. Rather, the examination of the case-by-case records appear[s] to document a far broader problem: a long-standing, widespread and systematic weaknesses in both the operation and management of this court. (n.p.)
The criticism of IJs has been compounded by reports of significant variation in grant rates across judges, even among those serving on the same courts (Legomsky 2007; Ramji-Nogales, Schoenholtz, and Schrag 2007, 2009). For example, the U.S. Government Accountability Office (GAO) noted an example in 2008 in which the likelihood of receiving a grant of asylum from the IJ most likely to grant asylum was 420 times greater than the likelihood of receiving asylum from the IJ least likely to grant asylum in the same court (GAO 2008, 34). The U.S. Commission on International Religious Freedom (2008, 115) concluded that outcomes of individual asylum claims have come "to depend largely on chance; namely, the IJ who happens to be assigned to hear the case." These disparities across courts and across judges have raised significant questions about the quality and consistency of justice in immigration courts, and for many observers and legal practitioners they present a frustrating dilemma.

On the other hand, IJs and their national association have sought to draw attention to the serious institutional constraints under which they work. IJs face an unrelentingly harsh workload. The chief judge of the Second Circuit reported that IJs must finish at least five cases per business day to stay current. TRAC reports that IJs typically handle sixty-nine cases a week and must dispose of twenty-seven cases per week (TRAC 2011). And despite recent reforms, IJs face a growing case backlog with a new all-time high backlog of 267,752 at the end of December 2010 (TRAC 2011). IJs complain about the "the constant drumbeat of case completion goals," the requirement that judges must "rule promptly at the end of the hearing in the form of lengthy, detailed and extemporaneous oral opinion with little or no time to reflect or to deliberate," that making credibility determinations "is extremely, extremely difficult," and, most important, that "there is not enough time to do research and adequately read about country conditions" (Lustig et al. 2008, 65-66). In addition, IJs typically have little staff assistance; most courts are not assisted by a clerk or bailiff, and the judges often have to operate their own tape machines. Clearly, these are overburdened and underresourced courts with high stakes for applicants. The president of the judges association recently complained that "for some people, these are the equivalent of death penalty cases, and we are conducting these cases in a traffic court setting" (as cited in Becker and Cabrera 2009, n.p.). In subsequent chapters we offer an explanation for how these circumstances influence the way IJs make decisions and in part shape the disparities in granting asylum for which the IJs are often criticized. This work builds upon a nascent body of empirical literature that we address next.

Empirical Research on U.S. Asylum Outcomes

Until recently, the empirical literature on U.S. asylum has largely been oriented toward international relations and thus has consistently focused on the relationship between the United States and asylum-sending states rather than the individual decision makers. The theoretical perspectives with which asylum outcomes have been approached in most of these studies have assumed that the state is a unitary actor, and thus the empirical analysis has focused on aggregate levels of asylum granted to persons fleeing dominate asylum-sending states. The early asylum literature in political science demonstrated the dominant role of geopolitical and material interests over human rights in U.S. asylum policy (Gibney 1988; Gibney and Stohl 1988; Gibney, Dalton, and Vockell 1992; Loescher and Scanlan 1998). Subsequent studies that have examined the effects of social and economic conditions of applicants' countries of origins have generally concluded that U.S. interests influence grants more than human rights conditions (Hassan 2000; Gibney 2004a) and that applicants perceived to be economic migrants are more likely to be rejected. However, recent empirical studies paint a more nuanced picture, suggesting that while national interests may trump human rights concerns, both national interests and normative considerations influence these outcomes (Rosenblum and Salehyan 2004; Salehyan and Rosenblum 2008; Keith and Holmes 2009; Rottman, Fariss, and Poe 2009; Holmes and Keith 2010) in addition to domestic politics (Salehyan and Rosenblum 2008). Most researchers working on asylum outcomes in Western European states have also resorted to aggregate grant rates (for example, Holzer and Schneider 2001; Neumayer 2005; Hamlin 2012), but Holzer, Schneider, and Widmer's (2000) study of asylum applications in Swiss cantons is a notable exception.

In our previous work, we focused on a more appropriate level of analysis, the individual IJs' decisions (Keith and Holmes 2009; Holmes and Keith 2010; Keith, Holmes, and Miller 2013; Miller, Keith, and Holmes 2013). This move to the level of the individual decision maker is an important theoretical break with unitary actor assumptions in the international relations (IR) literature. Similarly, Ramji-Nogales, Schoenholtz, and Schrag (2007 and 2009) examined IJ decisions, though they studied individual AO and IJ aggregate grant rates rather than the actors' particular case decisions. Congressionally mandated data restrictions have made it impossible for nongovernmental bodies to have access to individual case factors such as applicant characteristics and types and level of evidence presented. In a rare field study of an NGO's asylum cases, we (Keith and Holmes 2009) found that none of a variety of evidentiary factors mattered in the judges' individual decisions once conditions that signaled U.S. interests were controlled. We are aware of only one other study that was able to gain access to such data. Koehn (1991) accessed fifty-nine individual files of Ethiopian asylum seekers in the New York and Washington, D.C., courts. And in our 2010 (Holmes and Keith) study of individual IJ decisions, we found that September 11 shifted the way in which judges assessed certain factors such as whether the applicant spoke Arabic or was from a state either that sponsored terrorists or in which al-Qaeda was present.

While these studies have engaged the more appropriate individual level of analysis, they, like the rest of the asylum literature, do not offer a theoretical understanding of how the individual judges make these decisions, a crucial thread that we began to explore (Keith, Holmes, and Miller 2013). In that article we presented a variation of the attitudinal model of judicial behavior that we modified by incorporating a cognitive model of decision making. There we argued that some pieces of information before IJs in asylum cases are treated more objectively while others are treated more subjectively. This theoretical model allowed us to account for informational cues that influence IJ decisions while at the same time assessing the impact of national interests and human rights conditions. We continue to expand upon this theoretical approach and empirical exploration in subsequent chapters. Finally, most of the literature has conceptualized the dependent variable as a dichotomous decision, which our subsequent work (Miller, Keith, and Holmes 2013) began to question, given the more nuanced nature of U.S. asylum law, which presents the IJs with different standards of evidence depending upon the form of relief requested and different levels of benefits to the applicant depending upon the form of the relief granted. We explore this issue further in Chapter 2. Our book fills several significant gaps in this empirical literature and makes a significant contribution to the broader literature dealing with U.S. asylum law and policy. In the next section we discuss the theoretical perspectives of each component of our analyses. We also give a brief overview of our findings and their implications.

Our Contribution to the Literature

First, we created a comprehensive new dataset on IJ decision making that spans two decades and contains the most complete set of covariates of which we are aware. In creating the dataset we addressed core limitations in data examined in most of the empirical literature on U.S. asylum decisions. For example, for a variety of reasons most of the asylum studies in the IR literature have focused on aggregate grant rates. And even though empirical studies within the law literature have focused more appropriately on the individual asylum case and IJ decisions, this literature has tended to severely truncate the population of IJ asylum decisions, in terms of temporal dimension, the selection of high volume immigration courts, or a focus on select countries of origins or only affirmative applications. We created a more complete dataset, which we present in Chapter 2 and that examines all asylum cases decided on the merits between 1990 and 2010. We also created or gathered a significant set of case characteristics that allow us to leverage more information in multivariate analyses. Thus, we are able to specify our models to test assumptions about the countries of origins, the immigration courts, and various factors relating to the applicant. Another significant innovation in our dataset is that we move beyond the traditional treatment of the asylum outcome as a dichotomous choice in which the applicant is granted relief or not (see, e.g., Ramji-Nogales, Schoenholtz, and Schrag 2007; Rosenblum and Salehyan 2004; Salehyan and Rosenblum 2008; Rottman, Fariss, and Poe 2009; Holmes and Keith 2010; Keith, Holmes, and Miller 2013). While we acknowledge that this approach to the asylum process is reasonable, here we explore the potential loss of information that is theoretically and statistically important. We demonstrate in Chapter 2 that asylum outcomes are sometimes more appropriately operationalized a polychotomous choice that reflects an ordering of benefits that adhere to the applicants, as opposed to a simple grant or deny decision or a legal ordering of the standards applied in the various forms of relief.

One of our most significant innovations vis-à-vis the asylum decision making literature is to create a measure of the ideology for IJs. To create our measure of policy predispositions, in Chapter 2 we create a factor score that summarizes the contribution of a number of background characteristics to the policy predispositions of a judge toward asylum cases. This is a more policy-specific method of measuring a judge's policy predisposition—our measure is specific to asylum decisions, and we do not intend it as a general measure of judicial ideology (although we occasionally refer to it as a measure of ideology for convenience). This variable becomes the core component of the cognitive model we present in this book. In addition to gathering a wealth of information on the factors that affect the decision making of IJs, we also collected data on which cases were appealed to the BIA as well as data on many dimensions of the local and national economic and political environments, which are theoretically important in understanding individual asylum decisions and U.S. asylum policy. In Chapter 2 we give an in-depth description of the data and the processes we employ to explore and create the new measures such as the ordered dependent variable and IJ ideology score, and we present an initial descriptive picture of the data and salient trends in asylum outcomes.

Second, we draw upon two disparate disciplines and their literatures to present a model of cognitive decision making for IJs. The law literature has been primarily driven by the assumption that international and U.S. asylum law will be applied consistently and fairly. This literature has largely responded normatively to the evidence of significant disparity and inconsistency in grant rates within the asylum system. The IR literature, with its focus on the relationship between states, has largely been concerned with the foreign policy dimension of U.S. asylum decisions, along with the normative and behavioral questions that are raised by connection. These two literatures have largely operated in isolation from each other, and at the same time both literatures have failed to draw upon a third body of work, the judicial behavior literature, that greatly enhances understanding of asylum outcomes.

In Chapter 3 we integrate these approaches to leverage their insights and supplement them with a variation of the attitudinal model from the judicial behavior literature that draws upon insights from psychological models of decision making. We believe that a comprehensive model of IJ decision making approximates a situation in which an IJ, under tremendous time pressure and unsure of the credibility of an asylum seeker, will use policy predispositions to help process both legally relevant and legally irrelevant facts. By incorporating a cognitive model of decision making, we show how IJs consider some pieces of information objectively while other information is treated subjectively. This approach allows us to account for informational cues that influence decisions while assessing the impact of national interests and human rights interests as reflected in the IR debate. In brief, we draw upon Braman and Nelson (2007), among others (e.g., Simon 2004; Bartels 2010), and argue that the inherent lack of certainty in legal standards, the frequent lack of corroborating evidence, and the complexity of credibility determinations invite the use of motivated reasoning in which policy-motivated goals overwhelm accuracy goals. More specifically, directional or policy goals will induce what Bartels (2010) has termed top-down decision making in which the judge brings a theory or predisposition to the case. In contrast, in a bottom-up approach facts are evaluated deliberately and decision making is constrained by the manner in which the law dictates the treatment of those facts. In essence, we posit that the policy preferences of IJs influence their decisions in asylum cases, but that U.S. asylum law also imposes some constraints on the use of the policy proclivities of an IJ. We explore the theoretical links fully in Chapter 3.

We find that the influence of these competing factors is conditional upon a judge's policy preferences toward asylum. More specifically, we find that the policy predispositions of the IJs play a dominant role in explaining the discrepancies in asylum grant rates that have disturbed law professors. Moreover we find that liberal IJs respond to certain nonlegal factors differently than their more conservative colleagues—findings that strongly implicate norms of fairness and consistency. At the same time, we also find some limited evidence that the law constrains the decision making of the IJs with respect to applicant characteristics. The analyses in Chapter 3 have theoretical implications and implicate several salient policy issues. In terms of theory, the analyses expand and improve upon the compliance literature by examining actual on-the-ground state actors, who engage in behavior controlled by U.S. international commitments. While previous studies in the IR literature have shown the role of both national interests and humanitarian concerns, our cognitive model offers explanations of how these factors play out in the IJs' decision-making process. Thus, the underlying implication for political science is the importance of cross-discipline research, in the sense that IR theories benefit from the introduction of judicial behavior theories by specifying an underlying causal mechanism for many of the central IR findings in what is perceived as "state" action. In regard to the work of law professors, the research in Chapter 3 strongly emphasizes the need for theory to understand data. To our knowledge, this is the first time the variation in grant rates among IJs has been examined using theoretical approaches from the study of judicial behavior. We also make two contributions to the judicial behavior literature. First, we offer an extensive exploration of the application of the attitudinal approach in a trial-level-like context where policy preferences are not thought to explain a good deal of variation in judicial decision making. Here we find that attitudes can play a prominent role in decision making given the right context (see Zorn and Bowie 2010). Second, we offer an application of psychological approaches to understanding judicial choices. Our cognitive model is innovative because it tells us not only that policy preferences matter, but also how and when they matter. In this way we also provide some evidence for the constraint of law in judicial decision making, which some scholars characterize as a central question in the literature (e.g., Braman 2010; Segal and Spaeth 2002).

Within the asylum literature there is no work that we are aware of that examines whether local economic or demographic conditions have an impact on asylum decisions, unlike the broader immigration literature's competing threat and contact theories that are very much focused on the local context. In this literature the primary debate centers on whether increased interaction with immigrants can either incite hostility or promote acceptance. We expand our cognitive model in Chapter 4 to integrate expectations derived from long-standing debates within the immigration literature to further understand the asylum decisions of IJs. We argue that understanding local influences on IJ decision making is important if we are interested in understanding and reducing the variability between adjudicators and across immigration courts. In the context of IJ decision making a very particular set of local conditions is likely to influence the IJ's decisions, and these extralegal factors, similar to those related to material and security concerns we examine in Chapter 3, are likely to be evaluated in a more top-down fashion or more subjectively than legal factors and thus will be contingent upon the IJ's policy predispositions. In other words, we believe that IJs might weigh these locally situated extralegal factors differently, depending on their own ideological proclivities.

We find evidence that IJs are responsive to local conditions in highly conditional ways in that liberal and conservative IJs react differently to the same set of local conditions. This finding has important implications as not just locality influences the chances of an asylum seeker being granted asylum, but also within a community the random draw of a judge influences how those local conditions affect the applicant's chances of relief. If IJs not only react to different local conditions but also react differently to the same local conditions, then significantly reducing the variability in their decision making may be more difficult than first contemplated.

We also broaden our focus outside the immigration court to the BIA, which serves as the highest administrative tribunal adjudicating immigration matters. For many asylum seekers, the BIA has historically been their last and best chance to challenge a final deportation order. For IJs, the BIA is the most immediate venue of review in which their decisions have historically faced a real possibility of being overturned or remanded; however, due to significant reforms in the DOJ, IJs are now considerably less likely to have their decisions disturbed than they were previously. Our contribution here is primarily in examining how the behavior of the BIA might alter the decision making of the IJs and asylum applicants. In Chapter 5 we first examine the institutional context in which the BIA operates, particularly examining changes made by recent attorneys general in regard to the BIA's structure and its methods of decision making. These reforms have been criticized within the legal literature and by practitioners and adjudicators at all levels including the federal circuit courts. In Chapter 5 we present a theoretical model for the asylum seekers' decision to appeal to the BIA drawing upon the rational actor approach, and we find strong evidence of rationality on the part of asylum applicants.

In Chapter 5 we also examine BIA outcomes themselves in what we believe is one of the more rigorous statistical examinations in the literature. We approach BIA decisions from a functional perspective, as our interest in this book focuses primarily upon the applicant and the IJ. Thus we are more interested in how the BIA informs our understanding of the individual asylum seeker's behavior and more important how it may shape IJ behavior. Drawing upon the judicial behavior literature, we examine the BIA decisions from an error correction perspective as well as from a legal policy making perspective. While we find support for both functions, but we find stronger support for the policy making function of the BIA over its error correction function. Our findings in regard to this executive branch appellate institution are consistent with the judicial behavior literature.

Another contribution we make in Chapter 5 is to enhance our understanding of the role of the attorney general in the asylum process through the creation of regulations concerning the structure of the BIA and its procedures. We demonstrate that Ashcroft's streamlining reforms clearly changed the outcomes of the BIA and had implications for both the policy-making function as well as the error correction function of the BIA. We also find evidence that overall the Ashcroft streamlining reforms appear to have polarized the BIA ideologically. We then are able to apply this understanding to our cognitive model of IJ decision making. Here we find some evidence that the IJs behave strategically in response to institutional changes put into place by Ashcroft and Gonzales, but once the streamlining reforms are instituted and affirmance becomes the norm with the BIA, IJs resume voting their policy preferences.

One of our biggest contributions to the asylum literature is to broaden the perspective beyond that of the asylum applicant, in which we focus on the probability of individual relief, to that of the policy maker and system outputs. In Chapter 6 we examine key statutes passed by Congress in the past two decades in regard to asylum. Following upon the 1993 World Trade Center bombing, Congress passed IIRIRA, which substantially overhauled the asylum process. Then following the September 11 attacks Congress passed the Real ID Act, which sought to put tighter restrictions on potential terrorist migrants and those coming to the United States for economic, as opposed to humanitarian, reasons. We turn to the broader immigration literature and examine the laws' intent and consequences from the policy gap perspective. This approach highlights "significant and persistent gaps [that] exist between official immigration policies and actual policy outcomes" (Cornelius and Tsuda 2004, 4) that stem from the embedded economic realities of U.S. labor market needs or from principal-agent problems in regard to implementation. In Chapter 6, to test the policy gap perspective, we identify the intent of the two statutes by examining congressional debate and public statements. We find that the rhetoric largely links the statutes to the threat of terrorism and to reducing potential abuse of the asylum system by economic migrants. We then examine our expectations in a monthly time series models, focusing on whether the intended consequences materialize, controlling for the potentially intervening shocks of the World Trade Center bombing and the September 11 attacks, along with key factors that we know from the previous chapters are likely to influence asylum outcomes. We also examine the human rights critics' concerns that the effects of the laws are draconian and have made it difficult for bona fide asylum applicants to avail themselves of the protection promised under U.S. statutory and treaty commitments. In Chapter 6 we find overwhelming evidence to support the policy gap expectation of unintended consequences. Specifically we find that IIRIRA and Real ID had net positive effects on the number of applicants granted relief, not the negative effect that critics had feared. Our findings suggest that the two laws likely increased the quality of applications reaching IJs.

In Chapter 7 we summarize our results and talk about what they suggest is likely to work, and how, when it comes to reforming the asylum decision-making process in the United States. Our focus in this final chapter is on applying our empirical insights to determine where change is likely both to be feasible and to have the intended consequences. Our conclusion there is that, generally speaking, eradicating or significantly reducing variation in outcomes for asylum applicants is likely to be difficult. We instead seek to focus attention not on the outcome but on the process of decision making. We do so by emphasizing that the quality of the determination made by an IJ should be of more concern than the actual outcome since it is likely impossible to know whether any particular applicant should be judged credible or incredible. Of course, assessing the quality of any given decision is also no easy feat (Mitchell 2010; Wistrich 2010) and considerable work, both theoretical and empirical, remains to determine how we might assess quality from outside the actual judging process. We offer some tentative suggestions for reforms that are likely to improve the quality of the decisions made by IJs, with perhaps the central recommendation being that all asylum determinations on the merits should include some brief written opinion.

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