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Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño Dec 2015

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society ...


False Universalism Of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions And The Global South, Sujith Xavier Nov 2015

False Universalism Of Global Governance Theories: Global Constitutionalism, Global Administrative Law, International Criminal Institutions And The Global South, Sujith Xavier

PhD Dissertations

Why are theories of global governance unsatisfactory? Why are theories of global governance unable to integrate the lived realities of the people of the global South? International law and its institutions are growing at an unprecedented speed and this expansion has captured the curiosity of international lawyers and international law scholars. As international law and its institutions continue to grow, there are concurrent concerns regarding their democratic foundations. A large body of scholarship encapsulates these anxieties through the prism of global governance. In particular, two specific theories of global governance, global constitutionalism, and global administrative law, seek to introduce ideas ...


Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman Sep 2015

Understanding The History Of Institutionalization: Making Connections To De-Institutionalization And The Olmstead Act For Persons With Intellectual Disabilities In The State Of Illinois, Nancy A. Cheeseman

Dissertations

What is the historical connection between deinstitutionalization and the Olmstead decision? The purpose of this study was to examine and analyze policy within a historical perspective the connections between institutional care, deinstitutionalization, the Olmstead decision, and the effect on persons with intellectual disabilities lived experience, in the state of Illinois.

The data collected include, the transcripts of interviews with four participants, artifacts from policy documents and historical papers accessed from the Disability Museum online journals. The creation of a table for use in coding themes as associated with 5 (out of 18) core concepts for disability policy.

The Olmstead decision ...


Enhancing The Parliament Capacity To Hold Government Accountable In Kurdistan Region, Zardasht Khalid Mohammed Jul 2015

Enhancing The Parliament Capacity To Hold Government Accountable In Kurdistan Region, Zardasht Khalid Mohammed

Theses and Dissertations

The current structures and draft structures grant the party leaders and the Executive undue power over the Parliament in two ways. First, by virtue of constitutional design, the Executive and the party leader’s hegemony reduce the Parliament’s capacity to act as a check on the Executive. Second, there are contextual factors correlated with political will in using available accountability mechanisms which locate beyond the design factors and they have nexus with effectiveness of the Parliament. In the other words, the contextual factor such as electoral system, party discipline, and party formations impact on the will of the parliament ...


Rethinking The Law Of Interrogations And Confessions In Canada, Fariborz Davoudi May 2015

Rethinking The Law Of Interrogations And Confessions In Canada, Fariborz Davoudi

PhD Dissertations

This thesis is a discussion about the inadequacy of the Canadian confessions rule in light of what modern forensic psychology reveals about the human mind, and the propensity of legally-sanctioned interrogation tactics to cause suspects to make false confessions. Contemporary forensic psychology research makes it clear that many of the techniques used in police interviewing and interrogation can have the effect of subverting or overbearing an individuals free-choice and can cause them to make a false confession. Yet many of these same techniques are considered acceptable according to the Canadian law of voluntariness.

This thesis examines the confessions rule and ...


Dominican And Haitian Relations: Changing Constitutions And Migrant Rights, Tiffany Busch May 2015

Dominican And Haitian Relations: Changing Constitutions And Migrant Rights, Tiffany Busch

Honors Projects

The Dominican Republic and Haiti share the island of Hispaniola. The two nations’ shared history can best be described as tumultuous. The French and Spanish long fought for control over the small island before ultimately becoming two independent nations. Tensions still exist between the nations. The Dominican Republic, operating under antihaitianismo, fears that the influx of Haitian people will be detrimental to the country’s economic and cultural well-being. As a result, deportations have increased. Human Rights Watch has condemned the Dominican Republic for its unethical deportation methods. Moreover, the Dominican Republic enacted a new constitution in 2010 with more ...


Reasonable Expectations: State Appellate Courts And The Third-Party Doctrine, Tanner M. Russo May 2015

Reasonable Expectations: State Appellate Courts And The Third-Party Doctrine, Tanner M. Russo

Undergraduate Honors Theses

While the United States Supreme Court held in such cases as United States v. Miller (1976), Smith v. Maryland (1979), and California v. Greenwood (1988) that the Fourth Amendment does not protect material shared with third parties, state appellate courts are free to offer greater levels of protection to such material under their own state constitutions. Analyzing a population of 218 state appellate third-party rulings between 1952 and 2014, I examine the legal and political factors that lead some state courts to avail themselves of state constitutions in recognizing citizens' privacy expectations over information shared with third parties. I find ...


Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega Apr 2015

Resurrecting The "Dead" Second Amendment: How The Libertarian Legal Movement Has Shaped Gun Control Litigation, Anthony M. Sierzega

Politics Honors Papers

For nearly two centuries following its adoption, the Second Amendment was largely ignored and even referred to as a “dead amendment.” Virtually all legal scholarship considered the right protected by the amendment to be a collective right written into the Constitution to protect local militias from a powerful federal standing army. However, beginning in the late 1970s a surge of libertarian scholarship began to emerge promoting the Second Amendment as a safeguard for an individual right to bear arms without any connection to military service. Promoted by the National Rifle Association and libertarian theorists, the individual-right theory began to gain ...


Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh Apr 2015

Examining The Role Of Cultural Paradigm Shift On Originalist Interpretation: Implications On The Second Amendment, Arvin Alaigh

Undergraduate Honors Theses

The Second Amendment is traditionally understood within the bounds of originalism, a method of Constitutional interpretation that calls on founding-era history as a means of ascertaining original meanings of the Constitution. Both proponents and opponents of gun regulation appeal to this history as a means of justifying their respective viewpoints – the former assumes an ‘individual right’ reading of the Amendment, while the latter maintains a ‘collective right’ interpretation. In this project, I describe the origins of the Second Amendment and its original context, affirming Saul Cornell’s ‘civic right’ interpretation, against both the individual and collective rights interpretations. I illustrate ...


Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu Apr 2015

Justice Ginsburg's Call To Action: The Court, Congress, And The Lilly Ledbetter Fair Pay Act Of 2009, Youlan Xiu

Senior Theses and Projects

No abstract provided.


Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd Jan 2015

Cases Of Conscience: The Supreme Court And Conscientious Objectors To Military Service During The Post World War Ii Era, Robert S. Rutherfurd

Graduate Student Theses, Dissertations, & Professional Papers

This thesis examines the history of American conscientious objectors to military service during the aftermath of World War II. It describes why conscientious objectors were viewed with distrust and suspicion for their refusal to bear arms in defense of the nation and considers how groups such as the American Legion and the Veterans of Foreign Wars attempted to prevent COs from enjoying key benefits of U.S. citizenship by demanding that conscientious objectors be excluded from public employment and denied most forms of government assistance. This thesis focuses on decisions of the United States Supreme Court following World War II ...


Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler Jan 2015

Liberty, Security, And Judicial Review In The War On Terror: An Analysis Of Supreme Court Approaches To Deference In A Post-9/11 Context, Jacob Oppler

Senior Independent Study Theses

In times of war, the government acts to suppress threats to national security, often curtailing or restricting American civil liberties. Over the course of American history, the Supreme Court has reviewed this legal conflict between civil liberties and national security policies during war. Scholars generally observe the Court’s judicial review as deferential to the government. The War on Terror presents new and different challenges to American civil liberties. While this legal conflict has emerged again under the conditions of a war against terrorism, the war itself is markedly unlike past wars in American history. This research seeks to explain ...