Digital Commons Network^™

The Downfall Of Daniel Fitzpatrick: A Creative Short Story, Renee Horsley

Theses/Capstones/Creative Projects

Daniel grew up with humble beginnings in Starlight, Nebraska. His loving parents provided him and his four other siblings with as much as they could. Victoria grew up wealthy in a small town in Georgia but by fifth grade, Victoria would move to Starlight due to her father’s business proposition. Soon Daniel and Victoria’s worlds collided setting the way for the most epic and yet tragic love story to ever hit Starlight Nebraska. A creative short story that intertwines the disciplines of criminal justice, intergroup dialogue, psychology, and the law.

Reproductive Justice And Feminism: A Comparative Legal Analysis Of The Policies And Healthcare Systems In The United States And Colombia, Samantha Cooke

Modern Languages, Philosophy and Classics Theses

This thesis seeks to offer a comparative legal analysis of the state of the laws regarding abortion and reproductive autonomy in the United States of America and Colombia. This thesis will first address a brief history of feminism and its origins in the United States and Colombia. It will also analyze the policies held by each respective nation; starting with old legislation and moving to current policies regarding abortion. It will also include a comparison between both the U.S. and Colombia; offering suggestions for the future with regards to potential policy changes. The purpose of this thesis is to demonstrate …

Fundamental First Amendment Principles, David L. Hudson Jr., Jacob David Glenn

Northern Illinois University Law Review

First Amendment law is highly complex, even labyrinthine. But, there are fundamental principles in First Amendment law that provide a baseline for a core understanding. These ten fundamental principles are: (1) the First Amendment protects the right to criticize the government; (2) the First Amendment abhors viewpoint discrimination and often content, or subject-matter discrimination; (3) the First Amendment protects a great deal of symbolic speech or expressive conduct; (4) the First Amendment protects a great deal of offensive and even repugnant speech; (5) the First Amendment does not protect all forms of speech; (6) the First Amendment often depends upon …

Managing Stress, Grief, And Mental Health Challenges In The Legal Profession; Not Your Usual Law Review Article, Deborah L. Rhode

Fordham Law Review

No abstract provided.

States And Laws, Jews And Palestinians: Yadgar's Traditionist Alternative. A Reflection On Yadgar, Israel's Jewish Identity Crisis (Cambridge, 2020), James J. Friedberg

Intercultural Human Rights Law Review

This essay reviews Israel's Jewish Identity Crisis: State and Politics in the Middle East, published last year by Yaacov Yadgar (Stanley Lewis Professor of Israel Studies at the University of Oxford School of Global and Area Studies). His book connects Israel's sometimes arcane internal identity debates to core issues in the Israel/Palestine conflict, a connection largely unexamined prior to this book.

An Everyday Lawyer’S Shakespeare, Carl J. Circo

Arkansas Law Notes

This summer, I enjoyed a unique opportunity to explore Shakespeare’s critique of law with a small group of students and a dear colleague in a study abroad program at the University of Arkansas Rome Center. I want to share my reflections on this singularly rewarding experience.

The Balkanization Of Data Privacy Regulation, Fernanda Giorgia Nicola Dr.

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Birth Of A Monster: An Open Discussion On Anti-Blackness Segregation To Present, Nichelle Womble

St. Thomas Law Review

Racism and discrimination remain topics of focus that continue to shape the lives, experiences, and results of the American people. These aspects continue creating privileges, systematically and socially, for Whites while disadvantaging Blacks. Today’s White person claims to not see color, but is that the truth? Perhaps they do not see color, but maybe a more honest statement is that they do not see blackness. Where did it all begin? To answer these questions, this paper explores “The Birth of a Monster,” better known as “whiteness,” by encompassing white privilege and supremacy. It will paint a picture from segregation to …

People Who Hurt Animals Don't Stop With Animals: The Use Of Cross-Checking Domestic Violence And Animal Abuse Registries In New Jersey To Protect The Vulnerable, Emerald Sheay

Animal Law Review

This Note explores the link between domestic violence and animal abuse and argues that due to such a link, New Jersey should enact a publicly searchable, cross-checking animal abuse registry and a domestic violence registry. Numerous studies confirm the connection between domestic violence and animal abuse. By examining the scope and history of these abuses, and exploring the status of registries in various states, this Note aims to explain the problems these issues pose to our society. Enacting these registries in New Jersey could keep law enforcement aware of illegal activity, reveal child abuse, and prevent the online selling of …

Speech Across Borders, Jennifer Daskal

Articles in Law Reviews & Other Academic Journals

As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …

Plastic Injuries, Anne Bloom

Anne Bloom

Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …

Evaluating The Prevalence And Effectiveness Of Breed-Specific Legislation, Felicia E. Trembath

Open Access Dissertations

Dog bites pose a persistent public health problem, which some jurisdictions pass breed-specific legislation (BSL) to address. However, very little non-anecdotal evidence regarding the efficacy of BSL has been presented. Currently, BSL research is hampered by the absence of standard terminology, an established prevalence, or a scientific consensus on its effectiveness. The purpose of this study is to propose standardized terminology for BSL, establish the prevalence of each type of BSL in the USA, and conduct a systematic review of the effectiveness of BSL.

After review of terminology currently in use, as well as review of the regulatory actions of …

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.

Student Press Law: Past, Present, And Future, David R. Wheeler

Theses and Dissertations--Communication

This dissertation will identify and describe the state of the law regarding student speech and press freedom. The following questions will be explored: What rights do young people have? What standards have state and federal courts established? To what extent and how clearly have state statutes defined student expressive rights? What do state laws say about this topic? What issues have yet to be addressed, either because a case has not raised certain issues or because the issue does not lend itself to compromise or a clear solution? How does the capacity of social media for widespread and rapid dissemination …

U.S. Immigration: The Origins And Evolution Of Contemporary Issues And The Architecture Of Future Reform, Andrew Beaule

Honors Theses

In 1965, the United States Congress passed the Immigration and Nationality Act, attempting to remove racial, religious, and cultural discrimination from the immigration system. However, the infamous act and subsequent legislation have caused unintended consequences. Illegal immigration has skyrocketed despite a massive increase in border enforcement; and Central Americans, particularly Mexicans, have become the target of racial and cultural discrimination, much like the Southern European immigrants of the early 1900s. The current immigration system still relies on the framework passed nearly 50 years ago, proving to be insufficient for contemporary United States. This thesis investigates the historical patterns in immigration …

Plastic Injuries, Anne Bloom

Hofstra Law Review

Perceptions of injuries are culturally mediated, mutable, plastic. In tort litigation, however, the cultural plasticity with which we perceive and experience injuries is often ignored. This Article explores the cultural plasticity with which we perceive injuries through the lens of plastic surgery litigation. It argues that determinations of injury in plastic surgery litigation turn on the culturally biased — and highly mutable — perceptions of medical professionals. More broadly, the Article argues that culture shapes perceptions of injuries in tort litigation as a whole. To make these points, the Article examines a prototypical plastic surgery case and surveys a range …

The Gift Of Milner Ball, Thomas L. Shaffer

Thomas L. Shaffer

No abstract provided.

Academic Freedom And Professorial Speech In The Post-Garcetti World, Oren R. Griffin

Seattle University Law Review

Academic freedom, a coveted feature of higher education, is the concept that faculty should be free to perform their essential functions as professors and scholars without the threat of retaliation or undue administrative influence. The central mission of an academic institution, teach-ing and research, is well served by academic freedom that allows the faculty to conduct its work in the absence of censorship or coercion. In support of this proposition, courts have long held that academic freedom is a special concern of the First Amendment, granting professors and faculty members cherished protections regarding academic speech. In Garcetti v. Ceballos, the …

Why We Have No Theory Of European Private Law Pluralism, Ralf Michaels

Faculty Scholarship

The recent popularity of legal pluralism has now reached the area of European private law. In this paper Michaels scrutinizes the concepts of legal pluralism used by three of its most prominent proponents: Pierre Legrand, Jan Smits, and Thomas Wilhelmsson. He does not offer fully-fledged criticism of their theories (each of which are among the most fascinating and helpful in the European private law debate) but only address their use of ideas of legal pluralism, and the relation of these ideas with the legal pluralism debate. His analysis shows not only that these three use sharply different concepts of legal …

Spirit Injury And Feminism: Expanding The Discussion, Nick J. Sciullo

Nick J. Sciullo

To discuss spirit injury, it is at first necessary to articulate a space in the theoretical diaspora to conceptualize spirit injury as a concept deeply tied to the historical tradition of several theoretical frameworks. “Spirit injury” is a phrase popularized by critical race feminist Adrien Katherine Wing. It is a term utilized in critical race feminism (CRF) that brings together insights from critical legal studies (CLS) and critical race theory (CRT). Wing’s training is as a lawyer and legal scholar, not as a communication scholar, yet her work may help communication scholars more keenly theorize harm and violence. Her scholarship …

Deciphering A Duality: Understanding Conflicting Standards In Sex & Violence Censorship In U.S. Obscenity Law, Rushabh P. Bhakta

Political Science Honors Projects

This research examines the division in US obscenity law that enables strict sex censorship while overlooking violence. By investigating the social and legal development of obscenity in US culture, I argue that the contemporary duality in obscenity censorship standards arose from a family of forces consisting of faith, economy, and identity in early American history. While sexuality ingrained itself in American culture as a commodity in need of regulation, violence was decentralized from the state and proliferated. This phenomenon led to a prioritization of suppressing sexual speech over violent speech. This paper traces the emergence this duality and its source.

Perverts,’ ‘Terrorists,’ And Business As Usual; Fantasies And Genealogies Of U.S. Law, Penelope J. Pether

Faculty of Law, Humanities and the Arts - Papers (Archive)

The indefinite detention camp at Guantánamo Bay, Cuba, is exceptional in diverse ways. It is not only the postmodern exemplar of the jurisdiction of exception into which, Raphael Gross has argued, Carl Schmitt’s political theory conjured a paradigm of nation and other rooted in anti-Semitism and other supremacist doctrines of hatred, which moved from theory to praxis in the death camps of the Shoah; it also embodies what I have called the New American Exceptionalism of the post-9/11 era. In that iteration, the U.S. makes imperialist war in the pattern of the Crusades, accompanied in the contemporary domestic political realm …

Is Europe Headed Down The Primrose Path With Mandatory Mediation, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Conference Bibliography: Selected Books And Other Publications By Conference Participants And New Scholarly Books Related To Law And The Humanities, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Association for the Study of Law, Culture, & the Humanities 14th Annual Conference

A selected bibliography was prepared in connection with the Association for the Study of Law, Culture and the Humanities 14th Annual Conference held at the William S. Boyd School of Law, University of Nevada, Las Vegas, on March 11-12, 2011.

'Mass Of Madness': Jurisprudence In E.M. Forster's A Passage To India, Allen P. Mendenhall

Allen Mendenhall

Law-and-literature scholars have paid scant attention to E. M. Forster’s oeuvre, which abounds in legal information and which situates itself in a unique jurisprudential context. Of all his novels, A Passage to India (1924) interrogates the law most rigorously, especially as it implicates massive programs of ‘liberal’ imperialism and ‘humanitarian’ intervention, as well as less grand but equally dubious legal apparatuses – jail, bail, discovery, courtrooms – that police and pervert Chandrapore, the fictional Indian city in which the novel is set. The study of law in Anglo-India is particularly telling, if troubling, because India served as ‘a model for …

Deference Under The Separation Of Powers: An Increasingly Acceptable Trait Amongst The Irish Judiciary?, Philip Smith

Dissertations

Deference refers to a certain respect or esteem which is due to a superior or an elder or a tendency of inferiors to acknowledge the legitimacy of superiors’ powers.It is a concept which is becoming increasingly popular in the works of legal commentator’s as of late. This is a direct result of the growing perception that it is a trait which is becoming synonymous with the Irish Judiciary.

The object of this research is to examine whether this accusation is true i.e. have our Superior Courts changed their mindset and adopted a more deferential stance than they used to exhibit. …

North Dakota Law, Rob Carolin

North Dakota Law

Alumni Magazine of the University of North Dakota School of Law

Should They Go The Way Of The Horse And Buggy? How The New York City Horse-Drawn Carriage Industry Has Survived Thirty Years Of Opposition, Katherine Hutchison

Animal Law Review

This Comment reviews the history of the horse-drawn carriage industry in New York City and details legislative efforts to regulate the business. Many cities in the United States feature horse-drawn carriages as a tourist attraction, but they are most associated with New York. The long-standing controversy over the working and living conditions of the horses that pull the cabs has garnered less national attention than other animal welfare issues, despite the fatalities and injuries suffered by the equines on traffic-choked Manhattan streets. Supporters of the industry defend it as an important contributor to the local economy, an iconic symbol of …

The Regulation Of Kosher Slaughter In The United States: How To Supplement Religious Law So As To Ensure The Humane Treatment Of Animals, Melissa Lewis

Animal Law Review

It is often argued that one of the most humane methods of killing an animal is through the performance of kosher slaughter. Indeed, the Humane Methods of Livestock Slaughter Act (HMLSA) of 1978 goes so far as to define kosher slaughter, and handling in connection with such slaughter, as humane, and consequently fails to provide any regulation over this method of killing. It is thus concerning that a number of kosher slaughterhouses have, in recent years, been discovered to be using blatantly inhumane practices, which the relevant religious authorities have insisted are completely kosher.

This Article examines the Jewish law …

Sacrifice And Civic Membership: The Case Of World War I, Julie Novkov

Julie Novkov

In the Civil War and World War II, many men of color gained rights while women's rights were in retrograde. While World War I is not a perfect mirror image of the Civil War and World War II, it may make sense to think of World War I as reversing the polarities that were in operation in the two other major conflicts. To understand this dynamic, this paper will explore the kinds of claims that men of color and women made for rights based in forms of civic service and sacrifice, how those claims were met by various state actors, …