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Crusader, March, 30, 2007, College Of The Holy Cross

Student Newspapers

The student newspaper for the College of the Holy Cross in Worcester, Massachusetts. Articles include coverage of campus events and issues, sports, editorials and special features.

The Hypocrisy Behind The Absolute Banning Of Torture: Historical Fallacies, Factual Necessities, And Judicial Artifices, Abdelalim Morsy

Theses and Dissertations

The absolute and non-derogatory prohibition of torture is embedded in almost every international or regional human rights instrument that deals with civil rights. However, this ban witnesses a diversion between theory and practice. While this diversion is comprehendible in authoritarian states, democratic regimes also implement it in some instances. This usage notably arose in the wake of the 11th of September 2001 and the accompanying usage of physical coercion in the interrogation processes. Simultaneously, some scattered, though notable, scholarly voices started challenging the absolute prohibition against torture. This pro-torture school of thought echoed in some legislative and executive works. The …

Sanctuary: How Churches Escape The Law And Protect The Criminal, Kyle R. Wavro

Student Works

No abstract provided.

Missing & Murdered Indigenous People, Victoria Giordano

Student Works

No abstract provided.

Restoring Sovereignty: Advancing Tribal Jurisdiction Through Extradition Treaties, Sarah Elsakhawy

Student Works

No abstract provided.

Crown Prosecutors And Government Lawyers: A Legal Ethics Analysis Of Under-Funding, Andrew Flavelle Martin

Articles, Book Chapters, & Popular Press

Crown prosecutors and government lawyers are reliant on governments for their funding but exert no meaningful influence or control over such funding decisions. Nonetheless, this article demonstrates that as a question of law, under-funded Crown prosecutors and government lawyers risk violating their professional duties. If so, they must promptly inform the government, refuse new matters and, if necessary, withdraw from existing matters. If the government purports to block such refusal or withdrawal and does not provide adequate funding, resignation will become necessary. While law societies will likely not prioritize disciplinary action against such lawyers, the policy reasons to forego such …

All Bark, No Bite: How The Lone Star "Junk-Science Writ" Could Reinvigorate Federal Habeas Review, Robert Harry Saylor Iii

Hofstra Law Review

No abstract provided.

Daca's Major Questions Exception, Matthew Calabrese

Hofstra Law Review

The Supreme Court has extracted a new role as the gatekeeper of administrative action under the major questions doctrine. Underlying the doctrine is an understanding that agencies cannot act to address policy issues implicating questions of great political and economic significance unless specifically authorized by Congress. However, DACA presents a different question that should be exempted from the major questions doctrine. This is because DACA relies on two levels of executive authority: statutory—under the Immigration and Nationality Act and the Homeland Security Act—and constitutional—under the Take Care Clause. Because, as this Article explains, the two authorities cannot be disentangled, courts …

Will The New Roberts Court Revive A Formalist Approach To Fourth Amendment Jurisprudence?, Roger Antonio Tejada

UC Law Constitutional Quarterly

While all Chief Justices leave behind distinctive periods of judicial thought and practice, the quantitative and qualitative data presented in this article show that the Roberts Court in particular stands out in the development of Fourth Amendment precedent. The key cases that shaped the search and seizure doctrine before and during his rise show that, contrary to what many may expect, Chief Justice Roberts will likely oversee limited, pro-defendant decisions that could grant additional legitimacy to the Court’s crime-control jurisprudence. On the other hand, the new Justices’ voting records and writings suggest that there are several potential coalitions that could …

The Uncertain Future Of Restorative Justice: Anti-Woke Legislation, Retrenchment And Politics Of The Right, Thalia González, Mara Schiff

William & Mary Journal of Race, Gender, and Social Justice

As diverse forms of anti-democratic and anti-inclusionary politics escalate in the United States, public education is increasingly a site for retrenchment and contestation with targeted efforts to silence and erase civil rights victories for equity and access. Addressing a critical, yet unattended issue at the intersection of education law and policy and civil rights, this Article joins with the growing discourse interrogating the “parental rights” movement and racially regressive legislation. Employing a case study analysis of social movement activism and education policy legislation from 2018–2023 in Florida, it aims to provoke critical praxis emanating from essential inquiry— what is the …

Féminas Speaking Up: Three Papers On Feminine Transgender Identities, Gender Identity Activism, And Language Reform In Lima, Peru, Ernesto Cuba

Dissertations, Theses, and Capstone Projects

In this three-paper dissertation, I explore the linguistic and discursive practices of Féminas, a leading transgender rights activist organization based in Lima, Peru. Building on scholarship on language ideologies (Irvine & Gal, 2000), queer linguistics (Motschenbacher, 2011), and socio-onomastics (Ainiala & Östman, 2017), I analyze the role that language beliefs and language-in-use plays in performing local (trans)gender identities and shaping grassroots politics within this specific community of practice (Eckert & McConnell-Ginet, 1992). Based on an extensive corpus of semi-structured interviews and ethnographic material gathered during my long-term investigation with Féminas, I present three studies exploring distinct –though related– ideologically-driven sociolinguistic …

Unleashing Collective Imagination Through Controversies: Lessons From A Smart City Project, Julieta Matos-Castaño, Corelia Baibarac-Duignan, Michiel De Lange, Anouk Geenen, Mascha Van Der Voort

DRS Biennial Conference Series

We explore the role of futures-oriented design interventions in leveraging socio-technical controversies to foster collective imagination. We elaborate on a practical application of a speculative and scenario-based design tool called Future Frictions. Our study focuses on the use of Future Frictions to engage citizens in the development of an assessment framework for implementing sensors in Amsterdam. By employing the "controversing" framework to operationalize controversies through design, we explore how Future Frictions provides an interface that bridges speculative and real-life urban contexts. This interface facilitates recontextualizing controversies in daily life, fostering sensemaking, and making space for collective agency. This, we argue, …

Gulls On The Move? Synanthropic Design In The Dutch Delta, Joanna Van Der Leun, Laurens Kolks, Bregje F. Van Eekelen

DRS Biennial Conference Series

This article develops a synanthropic design approach. The Port of Rotterdam currently houses one of Europe’s largest colonies of the synanthropic species of Lesser Black-backed Gulls. The thriving of this particular colony is entangled with human interventions and economic activities in the larger Dutch Delta. We map the managerial, legal, political, and economic interrelations and dependencies that animate the human and more-than-human contact zone. By including a gull's perspective on the Dutch delta environment, this study aims to support the facilitated coexistence of humans and Lesser Black-backed Gulls in the Port of Rotterdam – now and in the future. The …

Cultivating Future-Oriented Responsibility In Design With Care, Irem Tekogul, Laura Forlano

DRS Biennial Conference Series

Design futures -- as a subfield and as an approach -- responds directly to the precarity and uncertainty of our present. Within this context, the notion that "there will be no future" becomes the dominant vision. This paper argues that design, as a future-making praxis, should embrace ‘care’ to be able to respond to precarity. This paper draws on feminist care ethics and the concept of ‘matters of care’ to explore the theo-retical foundations for a care-informed approach to cultivate future-oriented respon-sibility in design. Care is situated, responsive and relational, and it resists reduction to step-by-step methods or toolkits. Thus, …

Engaging The Public In Technological Futures: A Participatory Speculative Design Approach To Polyphonic Representational Spaces, Nuri Kwon, David Perez, Naomi Jacobs, Mariana Cavada, Rachel Cooper, Jose Maron

DRS Biennial Conference Series

This paper explores the concept of polyphonic representational space as technological imaginaries of multiple individuals regarding public space. The context of this research relates to implementing digital technologies, such as the Internet of Things and AI, in the public realm and their impact and challenges on policymaking, everyday practices and spatial experiences. Speculative design offers a way of creating multiple scenarios for the future and provoking conversations regarding technological futures. This research adopts a participatory speculative design (PSD) approach to engage with people, not necessarily designers or technology experts, in the future prototyping process. We introduce a study conducted in …

Assessing Smart Nation Singapore As An International Model For Ai Responsibility, Philip L. Frana

International Journal on Responsibility

While AI and other smart technologies greatly contribute to material aspects of well-being, there are concerns that they threaten quality of life in Singapore. Smart technologies and digital governance have freed up labor for activities where human empathy and understanding are unique and indispensable, but also threaten to undermine human dignity and accountability. This paper undertakes a comprehensive assessment of Singapore as an international model for AI responsibility from the perspective of the history and philosophy of technological governance. It examines the evolution of regulatory frameworks, ethical considerations, and key legal documents and social initiatives shaping the nation’s approach to …

Mass Shooting Prevention: What Can Local Law Enforcement Do?, Alycia Mary Shelton

Doctoral Dissertations and Projects

The purpose of this qualitative study was to understand how law enforcement officers can influence mass shooting prevention tactics. Minimal research has been conducted on law enforcement’s influence in the prevention of mass shootings. At this stage, researchers describe needing more information about mass shooting prevention tactics. Since minimal research has been conducted on law enforcement’s influence on mass shooting prevention, the goal was to determine what they believe can be done. Guiding this study was phenomenology, the study of conscious experiences as they appear in the first person. Phenomenology has been crucial in the tradition of European philosophy throughout …

Innovation And Technology: The Era Of Autonomous Cars And Their Outcomes In Law Enforcement, Gabrielle Banish

Doctoral Dissertations and Projects

The purpose of this research study is to explore the cybersecurity of Autonomous Vehicles (AVs), including the technological challenges, barriers, and impacts on society. This research study provides a framework for law enforcement agencies to understand the scope of security of AVs and develop relevant policies and strategies to enhance the security of these vehicles. AVs are a relatively nascent concept in the automotive industry, and thus, there is limited knowledge about cybersecurity. In the upcoming years, there will probably be a considerable increase in the number of semi-autonomous vehicles on many US and European roads. Some experts even predict …

The Subfederal In Immigration Polarization, Huyen Pham, Pham Hoang Van

Minnesota Journal of Law & Inequality

No abstract provided.

Authority With Procedural Justice: The Establishment And Enforcement Of Expectations Of Public Trust, Paris Desiree Eikanger Stoops

University Honors Theses

This thesis supposes all police officers should exercise authority with procedural justice, where implementation of nationwide procedural justice standards should explicitly prioritize establishing and enforcing expectations of public trust--justitia erga omnes. A qualitative temporal literary argument morally, ethically, socially, and democratically supported by a broad spectrum of criminal justice research, analyzed alongside traumatically racialized experiences, at the intersectionality of five administrations worth of sequent presidential crime policies and earth-shattering junctures in the lives of everyday Americans. Five brief companion analyses follow, exploring overlapping moral and ethical perspectives of dignity, respect, and fairness within contemporary policing in America.

The Health Risks Of Deportation: Impacts Of Family Separation On Relationships And Wellbeing In Latinx Communities, Shantay Rhea Rocha

University Honors Theses

Anti-immigration policy and deportation practices create multifaceted implications for Latinx communities in the United States. A comprehensive literature review drawing from public health and immigration studies was used to examine the direct and indirect implications of separation of families due to deportation. This thesis synthesizes existing research to illuminate the health threats pertaining to Latinx wellbeing in the context of being undocumented and fearing being separated from their family. Addressing the dimensions of deportation-related health risks, policy makers, health care professionals, and community organizations can work towards promoting Latinx health and well-being in the U.S. to mitigate the health consequences …

Youth Offending In Denver: The Increasing Trend And Essential Elements To Successful Intervention, Olivia Crimaldi

Undergraduate Theses, Capstones, and Recitals

Recent years have witnessed an alarming increase in youth offending across Denver, necessitating a thorough analysis of factors influencing the surge, as well as areas of improvement for current intervention methods. Juvenile delinquency is largely affected by complications associated with the transition to adulthood, such as the development of personal identity or a decrease in parental supervision. A full understanding of at-risk individuals must consider risk, promotive and protective factors, as well as the interaction between these three components. Past successful prevention and intervention methods have included relationship-building implementation, therapeutic strategies, and consistent measures of quality and accountability. Despite many …

Demolition By Neglect In Detroit And The Battle To Save Historic Tiger Stadium: Lessons For Baseball Park Preservationists, Andy Jacoby

Denver Sports & Entertainment Law Journal

No abstract provided.

The Dark Plea: One Of The Most Coercive Abuses Of Power Permitted In The Criminal Justice System, Michael P. Donnelly

Et Cetera

Most prosecutions in our criminal justice system are resolved by defendants entering ostensibly knowing and intelligent guilty pleas—often following negotiations with the state—before trial. But during my time as a trial judge, I encountered a different type of guilty plea, procured by the state when an already convicted offender sought to clear his or her name through an application for a new trial based on newly discovered evidence. I believe the “Dark Pleas” secured in these circumstances are one of the greatest abuses of power permitted in the criminal justice process.

This article sets down in writing a speech I …

Enhancing Community Policing: Exploring Formal Learning Experiences Among Urban Police Officers, Kyle Znamenak

Adult Education Research Conference

This ground theory study investigated the formal learning experiences that enable police officers to acquire knowledge and skills related to community relations in an urban environment.

The Second Amendment’S Domestic Violence Problem: How Rahimi Exposes The Flaws Of Bruen’S Problematic Historical Analogue Test, Conner Greene

Cleveland State Law Review

This Article exposes the flaws of the Supreme Court’s historical analogue test established in Bruen. It details how modern Second Amendment jurisprudence evolved to a tenuous position through Heller and McDonald where the Supreme Court seemingly acknowledged the applicability of means-end scrutiny to the Second Amendment, before the Supreme Court more recently repudiated its use in Bruen in lieu of an inherently flimsy history-only standard that fails to account for modern societal issues. This approach not only severely undermines modern gun regulations—unanimously upheld as constitutional pre-Bruen—but it elevates the Second Amendment to a special status unlike other …

Hurricane Katrina: When A Crisis Is An Opportunity In Government Innovation For Migration Solutions, Camilo Mantilla

Refugee Law & Migration Studies Brief

No abstract provided.

Huma Rights In Texas: Analyzing Operation Lone Star Through A Human Rights Framework, Olivia S. Callan

Duke Journal of Comparative & International Law

In 2021, Texas Governor Greg Abbott launched Operation Lone Star (OLS) under the guise of border security. For over three years, OLS has threatened the lives of migrants and U.S. citizens alike. While advocates have primarily challenged OLS under U.S. state and federal law, this Note examines arguments based on the U.S.'s international treaty obligations, particularly emphasizing the importance of enforcing international mechanisms of accountability. This Note analyzes OLS under three international law treaties the U.S. has ratified: the International Convention on the Elimination of All Forms of Racial Discrimination, the International Covenant on Civil and Political Rights, and the …

Empowering Family Forestland Owners To Reduce Wildfire Risk, Tom Lininger

Georgia Law Review

Wildfire risk is growing in the forested portion of the Wildland-Urban Interface, especially in the Western United States. Some commentators have suggested that the time has come for measures that would reduce the human presence in this area. In certain circumstances, however, family forestland owners have a salutary effect on forest resiliency. The attempt to exclude family forestland owners would create more problems than it would solve. A better strategy would be to assist family forestland owners in fireproofing their residences and improving the health of their forests.

Farmland And Forestland In An Era Of Climate Change: Hurricane Michael And Opportunities To Advance Rural Resilience, John Travis Marshall

Georgia Law Review

Catastrophic disasters fundamentally destabilize and reshape communities. They often cause loss of life and invariably inflict extensive property damage. Disabled individuals, the elderly, chronically ill persons, and families struggling to make ends meet are almost always left more vulnerable. Affected communities frequently experience population loss, a declining property tax base, and economic contraction. Over the last three decades, a string of major disasters has focused scholarly attention on their far-reaching impacts on large cities. Storms and earthquakes have reshaped urban landscapes and forced communities to reckon with their futures from San Francisco to Northridge, Houston to New Orleans, and Miami …