Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars... more Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves into the fundamental architecture of legal thought that often buttresses corporate dominance in the global economy. Moreover, CSR discourse does little to challenge the ontological and epistemological assumptions that form the foundation for modern economics and the role of corporations in the world. I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay particular attention to Gandhi's critique of industrialization and principle of swadeshi (self-sufficiency) to address the tension between multinational corporations and local communities worldwide. Gandhi's principle of swadeshi especially is salient in light of Bhopal, where local survivors have struggled to raise awareness of the persistent degradation of their environment. I discuss the current state of CSR, Bhopal's ongoing relevance to modern industrialization, and a potential future for CSR that incorporates swadeshi for local populations.
One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, wh... more One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought of Mohandas Gandhi. Gandhi explicitly critiqued the state-corporate violence endemic to the global political economy. Yet, Gandhi’s Theory of the State, Critique of Industrialization, and Theory of Trusteeship largely have been neglected by modern scholars of disaster studies. I propose that scholars engage more deeply with Gandhi’s focus on reforming the state’s values and goals. I conclude that Gandhi’s thought ultimately leads to the conclusion that, for the foreseeable future, modern states will have violent elements, but through the models of Tibetan and Bhutanese government and the use of meditative practices, the modern state can begin to create nonviolent agencies that respond non-coercively to disaster and temper the state’s violent elements. In addition, I illustrate how Gandhi’s Theory of Satyagraha works in conjunction with his Theory of the State to accomplish state reform.
Although mindfulness has gained the attention of the legal community, there are only a handful of... more Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, I hope to unearth some of the deep challenges facing a mindful revolution in law that are yet to be widely discussed. In Part I, I introduce the current mindfulness movement in American society. In Part II, I summarize the current Mindfulness in Law movement and the treatment of “Eastern” thought in modern education. I also describe the three levels of change discussed in academic literature: individual, interpersonal, and structural change. In Part III, I discuss how Mohandas Gandhi exemplifies all three levels of change. In Part IV, I offer critical appreciation of the Mindfulness in Law movement by highlighting Gandhi’s insights on structural reform. I conclude that a mindful application of Gandhi’s thought suggests that satyagraha be incorporated into a constitutional framework, thus making legally protected speech out of forms of public-state dialogue that are traditionally ‘extra-legal’ and used disproportionately by marginalized populations.
The following two Articles explore the nuanced relationship between property law, the human-envir... more The following two Articles explore the nuanced relationship between property law, the human-environment relationship, and Gandhi’s thought.
ARTICLE 1: MINDFUL USE: GANDHI’S NON-POSSESSIVE PROPERTY THEORY
ARTICLE 2: “RENOUNCE AND ENJOY”: THE PURSUIT OF HAPPINESS THROUGH GANDHI’S SIMPLE LIVING AND HIGH THINKING
This article examines the relationship between law and morality in a selection of animated Disney... more This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings also raise provocative questions concerning the role of mass media and popular culture on children's moral development and understanding of the role of law.
We examined the effects of marital status and parenthood on church attendance using panel data fr... more We examined the effects of marital status and parenthood on church attendance using panel data from the 1975 and 1992 Wisconsin Longitudinal Study. Consistent with prior research, both cross-sectional and fixed effects ordered logit models indicated that marriage and parenthood were positively associated with church attendance. However, prior research has examined only adults in more "conventional" ages of family formation, and our findings indicated that the effects of parenthood extend into middle age. We also found support for prior notions that divorce/separation has negative effects on church attendance and that this effect is present among adults in their thirties as well as those in their fifties. However, using models that analyzed change over time while holding constant individual differences and prior church attendance, we found that the act of getting divorced had a significantly stronger negative impact on Catholics than Mainline Protestants. Similarly, with regard to parental responsibility, the act of becoming a parent was associated with increased church attendance while holding constant individual differences. Thus, our work builds on existing research by utilizing a methodology that allowed us to assess the effects of both family structural status and changes to family structure on church attendance.
Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars... more Over thirty years have passed since the Bhopal chemical disaster began, and in that time scholars of corporate social responsibility (CSR) have discussed and debated several frameworks for improving corporate response to social and environmental problems. However, CSR discourse rarely delves into the fundamental architecture of legal thought that often buttresses corporate dominance in the global economy. Moreover, CSR discourse does little to challenge the ontological and epistemological assumptions that form the foundation for modern economics and the role of corporations in the world. I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay particular attention to Gandhi's critique of industrialization and principle of swadeshi (self-sufficiency) to address the tension between multinational corporations and local communities worldwide. Gandhi's principle of swadeshi especially is salient in light of Bhopal, where local survivors have struggled to raise awareness of the persistent degradation of their environment. I discuss the current state of CSR, Bhopal's ongoing relevance to modern industrialization, and a potential future for CSR that incorporates swadeshi for local populations.
One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, wh... more One of the most startling examples of unmitigated disaster occurred in Bhopal, India, in 1984, when a Union Carbide pesticide plant exploded tons of methyl isocyanate into the air, killing 3800 people overnight. 30 years later, the plant site has not been remediated, and the estimated death toll from the explosion now has reached over 20,000. Disaster victims repeatedly have sought relief directly from the government. Yet, the Indian and US governments and Union Carbide have refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought of Mohandas Gandhi. Gandhi explicitly critiqued the state-corporate violence endemic to the global political economy. Yet, Gandhi’s Theory of the State, Critique of Industrialization, and Theory of Trusteeship largely have been neglected by modern scholars of disaster studies. I propose that scholars engage more deeply with Gandhi’s focus on reforming the state’s values and goals. I conclude that Gandhi’s thought ultimately leads to the conclusion that, for the foreseeable future, modern states will have violent elements, but through the models of Tibetan and Bhutanese government and the use of meditative practices, the modern state can begin to create nonviolent agencies that respond non-coercively to disaster and temper the state’s violent elements. In addition, I illustrate how Gandhi’s Theory of Satyagraha works in conjunction with his Theory of the State to accomplish state reform.
Although mindfulness has gained the attention of the legal community, there are only a handful of... more Although mindfulness has gained the attention of the legal community, there are only a handful of scholarly law articles on mindfulness. The literature effectively documents the Mindfulness in Law movement, but there has been minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, I hope to unearth some of the deep challenges facing a mindful revolution in law that are yet to be widely discussed. In Part I, I introduce the current mindfulness movement in American society. In Part II, I summarize the current Mindfulness in Law movement and the treatment of “Eastern” thought in modern education. I also describe the three levels of change discussed in academic literature: individual, interpersonal, and structural change. In Part III, I discuss how Mohandas Gandhi exemplifies all three levels of change. In Part IV, I offer critical appreciation of the Mindfulness in Law movement by highlighting Gandhi’s insights on structural reform. I conclude that a mindful application of Gandhi’s thought suggests that satyagraha be incorporated into a constitutional framework, thus making legally protected speech out of forms of public-state dialogue that are traditionally ‘extra-legal’ and used disproportionately by marginalized populations.
The following two Articles explore the nuanced relationship between property law, the human-envir... more The following two Articles explore the nuanced relationship between property law, the human-environment relationship, and Gandhi’s thought.
ARTICLE 1: MINDFUL USE: GANDHI’S NON-POSSESSIVE PROPERTY THEORY
ARTICLE 2: “RENOUNCE AND ENJOY”: THE PURSUIT OF HAPPINESS THROUGH GANDHI’S SIMPLE LIVING AND HIGH THINKING
This article examines the relationship between law and morality in a selection of animated Disney... more This article examines the relationship between law and morality in a selection of animated Disney movies released between 1960 and 1998. The authors analyze all of the fully-animated, G-rated movies that grossed $100 million or more (adjusted for inflation) which shaped the childhood of lawyers practicing today. We find that the predominant representation of the relationship between law and morality is that they are at odds. Law most often is portrayed as having no relationship to morality or, even worse, as an obstacle to justice. These findings have implications for theories of law and morality, justice, and ethics. These findings also raise provocative questions concerning the role of mass media and popular culture on children's moral development and understanding of the role of law.
We examined the effects of marital status and parenthood on church attendance using panel data fr... more We examined the effects of marital status and parenthood on church attendance using panel data from the 1975 and 1992 Wisconsin Longitudinal Study. Consistent with prior research, both cross-sectional and fixed effects ordered logit models indicated that marriage and parenthood were positively associated with church attendance. However, prior research has examined only adults in more "conventional" ages of family formation, and our findings indicated that the effects of parenthood extend into middle age. We also found support for prior notions that divorce/separation has negative effects on church attendance and that this effect is present among adults in their thirties as well as those in their fifties. However, using models that analyzed change over time while holding constant individual differences and prior church attendance, we found that the act of getting divorced had a significantly stronger negative impact on Catholics than Mainline Protestants. Similarly, with regard to parental responsibility, the act of becoming a parent was associated with increased church attendance while holding constant individual differences. Thus, our work builds on existing research by utilizing a methodology that allowed us to assess the effects of both family structural status and changes to family structure on church attendance.
Uploads
Papers by Nehal A. Patel
I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay particular attention to Gandhi's critique of industrialization and principle of swadeshi (self-sufficiency) to address the tension between multinational corporations and local communities worldwide. Gandhi's principle of swadeshi especially is salient in light of Bhopal, where local survivors have struggled to raise awareness of the persistent degradation of their environment. I discuss the current state of CSR, Bhopal's ongoing relevance to modern industrialization, and a potential future for CSR that incorporates swadeshi for local populations.
refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought of Mohandas Gandhi. Gandhi explicitly critiqued the state-corporate violence endemic to the
global political economy. Yet, Gandhi’s Theory of the State, Critique of Industrialization, and Theory of Trusteeship largely have been neglected by modern scholars of disaster studies. I propose that scholars engage more deeply with Gandhi’s focus on reforming the state’s values and goals. I conclude that Gandhi’s thought ultimately leads to the conclusion that, for the foreseeable future, modern states will have violent elements, but through the models of Tibetan and Bhutanese
government and the use of meditative practices, the modern state can begin to create nonviolent agencies that respond non-coercively to disaster and temper the state’s violent elements. In addition, I illustrate how Gandhi’s Theory of Satyagraha works
in conjunction with his Theory of the State to accomplish state reform.
minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these
gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, I hope to unearth some of the deep challenges facing a mindful revolution in law that are yet to be widely discussed. In Part I, I introduce the current mindfulness
movement in American society. In Part II, I summarize the current Mindfulness in Law movement and the treatment of “Eastern” thought in modern education. I also describe the three levels of change discussed in academic literature: individual, interpersonal, and structural change. In Part
III, I discuss how Mohandas Gandhi exemplifies all three levels of change. In Part IV, I offer critical appreciation of the Mindfulness in Law movement by highlighting Gandhi’s insights on structural reform. I conclude that a mindful application of Gandhi’s thought suggests that satyagraha be incorporated
into a constitutional framework, thus making legally protected
speech out of forms of public-state dialogue that are traditionally ‘extra-legal’ and used disproportionately by marginalized populations.
INTRODUCTION 2
I. SIMPLICITY AND NON-HARM BOTH ARISE FROM AN INTENSE IDENTIFICATION WITH ALL THINGS 2
II. CONSUMPTION AND ITS DISCONTENTS 8
III. HAPPINESS AS A GROSS DOMESTIC PRODUCT 14
I. INTRODUCTION 2
II. ANASAKTIYOGA AND APARIGRAHA IN PRINCIPLE AND PRACTICE 4
III. SARVODAYA AND SWADESHI 9
IV. GANDHI’S THEORY OF TRUSTEESHIP AND THEORY OF RIGHTS 15
V. PROPERTY LAW AS PEACE: INTEGRATING GANDHI’S CORE CONCEPTS 21
ARTICLE 1: MINDFUL USE: GANDHI’S NON-POSSESSIVE PROPERTY THEORY
ARTICLE 2: “RENOUNCE AND ENJOY”: THE PURSUIT OF HAPPINESS THROUGH GANDHI’S SIMPLE LIVING AND HIGH THINKING
I explore methods of transforming CSR by employing the thought of Mohandas Gandhi. I pay particular attention to Gandhi's critique of industrialization and principle of swadeshi (self-sufficiency) to address the tension between multinational corporations and local communities worldwide. Gandhi's principle of swadeshi especially is salient in light of Bhopal, where local survivors have struggled to raise awareness of the persistent degradation of their environment. I discuss the current state of CSR, Bhopal's ongoing relevance to modern industrialization, and a potential future for CSR that incorporates swadeshi for local populations.
refused to provide the necessary resources for proper remediation. In this Article, I examine the state’s response to the Bhopal disaster using the thought of Mohandas Gandhi. Gandhi explicitly critiqued the state-corporate violence endemic to the
global political economy. Yet, Gandhi’s Theory of the State, Critique of Industrialization, and Theory of Trusteeship largely have been neglected by modern scholars of disaster studies. I propose that scholars engage more deeply with Gandhi’s focus on reforming the state’s values and goals. I conclude that Gandhi’s thought ultimately leads to the conclusion that, for the foreseeable future, modern states will have violent elements, but through the models of Tibetan and Bhutanese
government and the use of meditative practices, the modern state can begin to create nonviolent agencies that respond non-coercively to disaster and temper the state’s violent elements. In addition, I illustrate how Gandhi’s Theory of Satyagraha works
in conjunction with his Theory of the State to accomplish state reform.
minimal effort to situate the movement into the broader history of non-Western ideas in the legal academy and profession. Similarly, there has been little recent scholarship offering a critique of the American legal system through the insights of mindfulness. In this Article, I attempt to fill these
gaps by situating the Mindfulness in Law movement into the history of modern education’s western-dominated world-view. With this approach, I hope to unearth some of the deep challenges facing a mindful revolution in law that are yet to be widely discussed. In Part I, I introduce the current mindfulness
movement in American society. In Part II, I summarize the current Mindfulness in Law movement and the treatment of “Eastern” thought in modern education. I also describe the three levels of change discussed in academic literature: individual, interpersonal, and structural change. In Part
III, I discuss how Mohandas Gandhi exemplifies all three levels of change. In Part IV, I offer critical appreciation of the Mindfulness in Law movement by highlighting Gandhi’s insights on structural reform. I conclude that a mindful application of Gandhi’s thought suggests that satyagraha be incorporated
into a constitutional framework, thus making legally protected
speech out of forms of public-state dialogue that are traditionally ‘extra-legal’ and used disproportionately by marginalized populations.
INTRODUCTION 2
I. SIMPLICITY AND NON-HARM BOTH ARISE FROM AN INTENSE IDENTIFICATION WITH ALL THINGS 2
II. CONSUMPTION AND ITS DISCONTENTS 8
III. HAPPINESS AS A GROSS DOMESTIC PRODUCT 14
I. INTRODUCTION 2
II. ANASAKTIYOGA AND APARIGRAHA IN PRINCIPLE AND PRACTICE 4
III. SARVODAYA AND SWADESHI 9
IV. GANDHI’S THEORY OF TRUSTEESHIP AND THEORY OF RIGHTS 15
V. PROPERTY LAW AS PEACE: INTEGRATING GANDHI’S CORE CONCEPTS 21
ARTICLE 1: MINDFUL USE: GANDHI’S NON-POSSESSIVE PROPERTY THEORY
ARTICLE 2: “RENOUNCE AND ENJOY”: THE PURSUIT OF HAPPINESS THROUGH GANDHI’S SIMPLE LIVING AND HIGH THINKING