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The Macau Special Administrative Region (MSAR) of the People’s Republic of China (PRC) has a unique identity. This study is based on a long period of research undertaken between 1995 and 2014. Permanent residents, the Chinese of Macau and all other MSAR residents constitute a body of model “citizens” which makes their legal identity understandable in the MSAR’s present social and economic context. Macau’s legal identity is based on centuries of trade and commerce. In Article 5 of the first chapter (I-5) of the MSAR’s Basic Law, the “way of life” in Macau’s society and economy are recognized as part of the MSAR’s legal framework. However, social change may play an important role in Macau’s development. The purpose of this paper is to look at the legal corpus as though it was a physical body with rights and duties, but also capabilities based on the nationality and residence statuses of its citizens, its companies and other entities (which will be studied more specifically in following articles).

This study has used the combined approaches of fieldwork carried out between 2010 and 2015, interviews, and questionnaires.

Way of life and the concept of One Country, Two Systems are key points that contribute to Macau’s contemporary identity. Way of life in the Basic Law constitutes a complex matrix formulation based on a series of particular facts and cultural traits, which leads to a better legal definition of important concepts such as nationality and residency in the particular case of Macau. The Basic Law is the constitutional law of the MSAR, but “Chineseness” still dominates the locals’ identity from day to day. More than 65 percent of the interviewees in the survey asserted their “Chineseness.” However, both Chinese and Portuguese, will continue to be official languages of Macau until 2049. The MSAR’s Chinese society speaks Cantonese and increasingly Putonghua, but it does not seem concerned by communicating using the Portuguese language. Clayton’s thesis emphasized the “unique cultural identity” of the MSAR and wrote that what made the Chinese of Macau “different from other Chinese, is the existence of a Portuguese state on Chinese soil.” Portuguese cultural tolerance is not mentioned, but it is a historical fact that has influenced Macau’s legal identity. The MSAR’s government has done its best to harmonize Macau’s multicultural society and it has particularly protected the Sino-Portuguese way of life in Macau.

To apply the law and maintain the existing harmony in its society and economy, legal actions have had to be taken by the Macau government and courts. The courts of the MSAR are structured in three levels and have final powers of adjudication, except in very narrow political areas. The judicial system includes the following courts, from the highest to the lowest: the Court of Final Appeal, the Court of Second Instance and the Court of First Instance (Tribunal de Primeira Instância).

This research is unique inasmuch as studies of legal identities focussed on large regions such as the MSAR of China are rare.

In this chapter, the authors explore the concept of actorial identity through analysing the construction of legal persons as actors, centred on the argument that there is an ontological separation between living men and women and their legal representations. The authors propose an analytical frame based in part on the games studies literature, wherein actorial identities known as ‘Avatars’ are created by performative declarations that articulate Avatars with Players (living persons). The Avatars act within a bounded ‘Matrix’ while being controlled by Players who are outside the Matrix. In applying the frame to the legal Matrix, the authors distinguish between living persons, natural persons and artificial persons, and introduce the concepts of first-order and second-order Avatars. The authors then employ the analytical frame to model the use of legal Avatars by Apple Inc. and illustrate how cryptocurrency technology enables the creation of Avatars that can transact outside legal systems. The frame also helps explain how autonomous systems could acquire actorial identity and then functionally participate in the legal Matrix.

This paper aims to introduce a new integrated strategic framework entitled, “The corporate identity, total corporate communications, stakeholders’ attributed identities, identifications and behaviours continuum” and elucidates the central and strategic importance of corporate identity apropos corporate communications, corporate image, attributed stakeholder identifications and resultant behaviours. The strategic importance of corporate identity is noted. The continuum incorporates a variety of disciplinary/theoretical perspectives.

The paper/framework is informed by corporate marketing and strategic perspectives; legal theory of the firm; social identity branch theories; and stakeholder theory. The effects and management of corporate identity are seen as a continuum. The framework accommodates Tagiuri’s (1982) scholarship on corporate identity.

This paper formally introduces and explicates “The corporate identity, total corporate communications, stakeholders’ attributed identities, identifications and behaviours continuum”. Corporate identity management is an on-going strategic senior management/strategic requisite. Notably, the legal theory of company law – routinely overlooked – and its impact on corporate identity management is accepted, acknowledged and accommodated. The importance of stakeholders and stakeholder identification (a derivative of social identity theory) is underscored.

Via the explication of the continuum, managers can comprehend the nature and importance of corporate identity; appreciate that corporate identity adaptation/change is on-going; comprehend its interface/s with corporate communications, stakeholder attributed identities, identifications and the business environment; understand the need for on-going fidelity to an institution’s legally based core purposes and corporate identity traits (juridical identity); cognise the efficacy of constant stakeholder and environmental analysis. Corporate identity sustainability requires corporate identity to be advantageous, beneficial, critical, differentiating and effectual. Stakeholder prioritisation is not solely dependent on power, legitimacy and urgency but on legality, efficacy, ethicality and temporality.

The resultant framework/approach, therefore, aims to make a meaningful advance on the territory and, moreover, seeks to be of utility to scholars and practitioners of corporate marketing, strategy and company law. Arguably, therefore, the framework is more ambitious than extant framework on the domain. The resultant framework/approach, therefore, aims to make a meaningful advance on the territory and seeks to be of utility to scholars and practitioners of corporate identity, communications, images, identification, stakeholder theory, company law and, importantly, corporate strategy.

Over the past decade, legal recognition of trans, non-binary, and intersex individuals has occurred in a number of countries with diverse relationships to gender categorization and (settler) colonialism. This attention to trans and non-binary rights has translated into the addition of a third option for declaring gender: X. Heralded by some as a sign of progress and recognition of non-binary individuals by the state, the development of the X marker may also be interpreted as facilitating state regulation of gender-diverse individuals. Drawing on scholarship in trans studies and legal studies, this chapter critically examines the X marker as an intervention that works within and simultaneously resists state recognition of non-binary identities. By analyzing data gathered through semi-structured interviews with trans, non-binary, and genderqueer individuals who have obtained – or are in the process of electing – an X marker in legal documents, this chapter critically explores the tensions and complexities of the X and mobilizes the concept of opacity to demonstrate how individuals graft their own meanings onto this non-binary marker. While acknowledging the problematic use of identification documents as biopolitical instruments, this chapter asks if we can nonetheless use them as tools of resistance and radical self-determination to transgress the controlling power of the state.

Disability is a multivalent, fluid concept that encompasses a broad set of phenomena that shape the experiences of individuals as they interact with others; social systems and processes; and legal structures. A disability identity also encompasses a range of different diagnoses and levels of visibility, which serve to influence whether others perceive a person to have a disability. Recognizing the multivalent nature of disability-as-identity makes it possible to understand more fully the experiences of students with disabilities in higher education institutions. Since there is no single theoretical framework that can account for the multivalent nature of disability identity, we utilize the concept of theoretical borderlands (Anzaldúa, 1987) – spaces where ideas come into conflict with one another – to bring crip theory (Kafer, 2013; McRuer, 2006) and critical queer theory (Muñoz, 1999; Wilchins, 2014) into conversation with each other to explore disability identity. We explore the medical, legal, diagnostic, environmental, social, and cultural dimensions of disability identity, concluding with a call to consider the intersectional nature of disability. We also consider the implications for higher education research and practice.

Those interested in studying the relationship between law and social movements have a wide variety of theoretical and empirical research to draw on, from both social movement theory and legal studies. Yet these disparate studies of law and social movements rarely engage with each other. In this chapter, we review current developments in research on law and social movements and summarize the chapters in this special issue. These chapters offer insight into the multivalent nature of law for social movements, the factors shaping movements’ strategic engagements with the legal system, the relationship between law and identity for social movement activists, and the complex role that cause lawyers play in social movement processes and dynamics.

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977 despite continued demands for legal recognition by lesbians and gays, indigenous peoples and others interested in expanding civil rights doctrine. Public tolerance for civil rights measures has likewise dried up. Since the 1960s, referenda on civil rights have halted affirmative action programs, limited school busing and housing discrimination protections, promoted English-only laws, limited AIDS policies, and ended the judicial recognition of same-sex marriage, among other issues. Nearly 80% of these referenda have had outcomes realizing the Madisonian fear of “majority tyranny”¹ and signaling the Nietzschean dread of a politics of resentment (Brown, 1995, p. 214; Connolly, 1991, p. 64).

Reading African American literature through the lens of American legal history broadly construed and reading American legal history through the lens of African American literature reshapes both texts of American experience and provides new readings of the literature and new perspectives on the law. Consequences for the understanding of each socially constructed “text” of reality proceed from examining their common narratival practices, specifically calling for a new periodization and taxonomy of African American literature and for a new “romantic” history of American law.

This paper aims to apply a broader perspective of branding to foster new insights and develop strategies to address product counterfeiting.

A review of the counterfeiting and branding literature leads to the development of a new conceptual framework that incorporates proactive, collaborative processes, in addition to the traditional product branding approach.

The integrative framework provides a basis to develop innovative, proactive strategies that complement traditional branding approaches to address product counterfeiting. The complexity of an integrative framework (or network) offers more opportunities for the firm to co-create robust meaning with multiple stakeholders. Identity elements are readily copied, whereas meanings are not. These strategies help to control counterfeiting by developing deep and inimitable relationships between managers and other stakeholders in a marketing network.

A research agenda is proposed to structure future studies on counterfeiting.

The framework outlines how to leverage collaboration between managers and brand stakeholders to complement conventional approaches to control counterfeiting based on traditional product branding.

This paper contributes to the growing body of counterfeiting and brand protection literature by adapting and applying contemporary integrative branding concepts, leading to novel strategies to address the issue.

In September 2014, 1,200 unaccompanied immigrant youth, from a region of Central America known for high rates of violence and homicide, enrolled in a suburban school district of New York State. This paper aims to highlight the stories of the newly arrived Central American high school youth, as told through Bilingual (Spanish/English) digital testimonios completed in the English Language Arts classroom. The author examines how the telling of their stories of surviving migration offers a way for the youth to respond to political and emotional struggles. The author also explores how the youth become active participants in the telling of political narratives/testimonios.

Part of a larger ethnographic case study, the author adopts the ethnographic approaches of the new literacy studies. Testimonios as a research epistemology privilege the youth’s narratives as sources of knowledge, and allow the youth to reclaim their authority in telling their own stories.

The integration of critical digital texts into the English Language Arts classroom created a participatory classroom culture where the Central American youth’s digital testimonios can be seen as a shared history of struggles that make visible the physical toil of their journeys, the truth of their border crossings and their enactments of political identities. As a collective, the youth’s stories become part of national and global political dialogues.

At a time when immigrant youth struggle for rights, to further their education and to negotiate the daily experiences of living in a new country, this research offers a unique perspective on the politics of inclusion and exclusion for unaccompanied youth.