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Full-Text Articles in Arts and Humanities

All Things To All People, Part One, Peter J. Aschenbrenner Dec 2104

All Things To All People, Part One, Peter J. Aschenbrenner

Peter J. Aschenbrenner

Our Constitutional Logic has identified the fundamental predicate of Government I, which operated, more or less, under Constitution I, the Constutiton of the year One, as a disposable government. See The Standard Model at War, 17 OCL 350. if government asserts, affirmatively, that it is disposable, isn’t it also asserting that it can replicate its systems (= structures political society) at will? OCL builds on its assertion of political society as a three-goaled contrivance. See Why Do Political Societies Exist? 2 OCL 883. Isn’t such a government asserting the primacy of the needs of civil society? By offering to ...


How Do We Know When Political Societies Change?, Peter Aschenbrenner Jan 2104

How Do We Know When Political Societies Change?, Peter Aschenbrenner

Peter J. Aschenbrenner

Predicates, features, attributes and properties of a system are liable to change. How does the change get marked down? For this purpose what facet of a system should command our attention? Any system worth the name, Our Constitutional Logic argues, is aware of its own standing in civil society. OCL considers the issues raised.


Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77 Jan 2026

Descargar` Chicos Buenos [2019] Pelicula Completa Ver-Hd™ Espanol - Latino Online, Madelineleonard77 Madelineleonard77

madelineleonard77 madelineleonard77

No abstract provided.


The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. Dec 2020

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty Jun 2020

Social Contract Theory And Transitional Justice: A Philosophical Approach To A Problem Of Global Importance, Brendan Moriarty

All Dissertations, Theses, and Capstone Projects

In this thesis, I seek to bring together two areas of scholarly work to see how each can inform the other: social contract theory and transitional justice. The social contract, as it exists and as it was theorized about by Rousseau, was born from the world-historic forces that spread capitalism across the globe, stirring up nationalism everywhere it went. In its wake, there was vast inequality and new legal regimes which protected the hoarded wealth of the capitalist class by enshrining the right of private property along with life and liberty. To examine the intricacies of transitional justice and its ...


Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué Jun 2020

Controlled Observation: The Challenges Of Therapy For The Mentally Ill Incarcerated Population, Esther Tingué

All Dissertations, Theses, and Capstone Projects

Popular perception and objective of incarceration is confinement, brutality and in some cases inhumane conditions. But what about the incarcerated population who suffer from the additional burden of mental illness? How does confinement affect mentally ill inmates? This capstone project asks: (1) how do individuals/organizations provide rehabilitative services in this evolved culture of crime and punishment? And (2) how is therapy provided in a restricted environment? I examine these questions from the perspective of the therapist, the person who (in a restricted environment) takes on the responsibility of treating and managing the effects of mental illness for this population.


The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes Jun 2020

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

All Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system ...


Those Who Stay - U.S. Immigration Policies And The Impact Of Migration On The Communities Of Oaxaca, Mexico, Aliah Mccord May 2020

Those Who Stay - U.S. Immigration Policies And The Impact Of Migration On The Communities Of Oaxaca, Mexico, Aliah Mccord

Honors Program Theses

Immigration is one of the most divisive topics in the United States. One aspect of this complicated theme is economic migration. This migration is different from asylum/refugee status or other forms of protected relief. The people who are migrating are not facing imminent threats of political violence or other types of violence, but are living in conditions of poverty. Their livelihoods depend on migration, and money earned in the United States that is sent back to their communities.

The first part of this paper will focus on people who migrate for this economic-based reason, specifically examining two communities in ...


Abu Simbel: The Beginnings Of World Heritage, Olivia Womack May 2020

Abu Simbel: The Beginnings Of World Heritage, Olivia Womack

Tenor of Our Times

This articles explores the preservation of Abu Simbel and its role in sparking an international interest in cultural heritage. Additionally, the author analyzes the current UNESCO World Heritage system in light of its beginnings at Abu Simbel.


A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone May 2020

A Comparative Analysis Of The Politics Of Gun Control In The United States And Australia, Nicholas Leone

College Honors Program

This thesis centers on the interrelationships and differences in firearm legislation and culture within the United States of America and Australia. As a result of the Port Arthur Massacre on April 28, 1996, Australia was faced with an unprecedented mass shooting that completely shifted Australian politics and culture regarding firearm safety and availability. Thus, the thesis inquiries into the effectiveness of Australia’s buyback program as well as the cultural and political factors that allowed for such legislation to be passed. After suffering 118 mass shootings in the U.S. since 1982, the history of the United States regarding gun ...


Break, Elaina Rae Erola May 2020

Break, Elaina Rae Erola

Toyon Literary Magazine

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Terra Nullius And The Svalbard Question: Exploring An Anomaly In International Law, Luke H. Campopiano May 2020

Terra Nullius And The Svalbard Question: Exploring An Anomaly In International Law, Luke H. Campopiano

Undergraduate Honors Theses

This honors thesis explores the usage of terra nullius in the context of the negotiations concerning sovereignty over the Arctic archipelago of Svalbard. Previous scholarship has emphasized the Svalbard Commission’s solution of Norwegian sovereignty, while largely ignoring the many intriguing suggestions at the time for divided or limited sovereignty in the archipelago. Intimately linked to these legal roads-not-taken is terra nullius, a Latin legal term that means “no man’s land.” This thesis will focus on the differing uses of terra nullius by legal scholars, diplomats, explorers, scientists, and corporate lobbyists with the aim of providing a comprehensive understanding ...


Fighting For Religious Freedom; Muhammad Ali And His Battle Against The U.S. Supreme Court, Jessica Wakelin May 2020

Fighting For Religious Freedom; Muhammad Ali And His Battle Against The U.S. Supreme Court, Jessica Wakelin

Undergraduate Honors Theses

This thesis explores Muhammad Ali's 1971 draft evasion court case and the implications that his religion, race/views on racial issues, and surveillance by the FBI had on judicial proceedings. The Supreme Court was tasked with determining the sincerity of Ali's religious convictions and therefore if his claim to conscientiously object to war was valid. The combination of the different facets of Ali's identity tested the court's ability to be objective and thus, this thesis argues, his access to constitutionally granted religious freedoms were restricted.


The History Of The Plain Language Movement And Legal Language And An Analysis Of Us Nuclear Treaty Language, Hannah Bradford Clauss May 2020

The History Of The Plain Language Movement And Legal Language And An Analysis Of Us Nuclear Treaty Language, Hannah Bradford Clauss

Chancellor’s Honors Program Projects

No abstract provided.


Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran May 2020

Correlates Of Compliance In Community Diversion Programs: An Outline For Offender Characteristic Analysis, Emily O'Halloran

Criminal Justice

Restorative Justice Programs have become an increasingly popular alternative to incarceration. Two restorative programs that exist within the Capital Region of New York are discussed and used as a baseline. This paper will lay the framework for conducting an analysis of these types of programs in order to examine the individual traits offenders partaking in the program poses and whether they affect their likelihood of complying. The information needed to perform a meaningful statistical analysis is established, along with hypothetical potential outcomes.


An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck May 2020

An Examination And Critique Of The Compatibility And Coherence Of Brian Leiter’S Naturalized Jurisprudence With The American Legal Framework, Michael L. Keck

Masters Theses

In this thesis I argue Brian Leiter’s vision for a naturalized jurisprudence stands in problematic tension with critical facets of objective morality presupposed by the American legal system. Leiter makes the case for the naturalization of jurisprudence through adherence to his version of a naturalistic epistemology. Though Leiter explicitly rejects moral realism—and embraces elements of legal positivism—he acquiesces to the notion that judges sometimes utilize non-legal, “moral reasons,” when deciding cases. Leiter suggests that any moral “knowledge” that may influence the process of adjudication should be delivered by the hard sciences. I suggest Leiter’s epistemological naturalism ...


Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr May 2020

Aaron Burr Jr. And John Pierre Burr: A Founding Father And His Abolitionist Son, Sherri Burr

Faculty Scholarship

Aaron Burr Jr. (Class of 1772), the third Vice President of the United States, fathered two children by a woman of color from Calcutta, India. Their son, John Pierre Burr (1792-1864), would become an activist, abolitionist, and conductor on the Underground Railroad.


Prefatory Notes On Persian Idioms Of Islamic Jurisprudence: Reasoning And Procedures Of Law-Making In Premodern Islamicate India, Naveen Kanalu Apr 2020

Prefatory Notes On Persian Idioms Of Islamic Jurisprudence: Reasoning And Procedures Of Law-Making In Premodern Islamicate India, Naveen Kanalu

Manuscript Studies

The essay elaborates on the manuscript tradition of transmission, commentary, and glossing of fiqh or “Islamic jurisprudence” texts in medieval and early-modern juridical culture from the Indian sub-continent. Premodern Muslim jurists composed doctrinal treatises primarily in Arabic, the shared theological language of the ‘ulamā’ or “learned scholars”. However, in the Indian context, Persian too had acquired the status of a language of Islamic law. From the fourteenth century, fatāwā compilations were made in Persian. By seventeenth-century Mughal rule in northern India, sharḥ or “commentary” and ḥāshiya or “super-commentary” in Persian were deployed as a mechanism for pedagogical transmission. Analyzing two ...


A Thirteenth Amendment Approach To The Reauthorization Of The Violence Against Women Act, Kylee Petritsch Apr 2020

A Thirteenth Amendment Approach To The Reauthorization Of The Violence Against Women Act, Kylee Petritsch

2020 JHU Richard Macksey National Undergraduate Humanities Research Symposium

Violence against a woman turns her into a non-autonomous instrument. The use of violence as a threat against a woman leaves her vulnerable, often times forcing her to do something contrary against their will. Women who experience domestic violence continuously experience threatening situations that result in subordination to their domestic partner. The term "involuntary servitude" listed in the Thirteenth Amendment allows the Amendment to be one of the most powerful, yet underused, provisions of the Constitution of the United States. Although the Amendment was created to abolish slavery against African Americans in the early years of the Republic, scholars have ...


In-Group Solidarity Or Out-Group Resentment?: Evaluating The Foundations Of White Punitiveness, Jacob Levy Apr 2020

In-Group Solidarity Or Out-Group Resentment?: Evaluating The Foundations Of White Punitiveness, Jacob Levy

2020 JHU Richard Macksey National Undergraduate Humanities Research Symposium

Many White Americans strongly identify with their racial group. Does this identity impact their views on policy? Until recently, it was thought that white racial solidarity was essentially inconsequential when it came to the formation of policy preferences. However, recent scholarship has demonstrated that White Americans who exhibit a higher degree of racial solidarity are more likely to support specific policies with respect to immigration and social welfare. This paper expands the literature on White Americans'in-group attitudes by exploring the relationship between white racial solidarity and support for punitive criminal justice policy. Using data collected by the American National ...


Pig Iron To Wrought Iron: Lake Oswego's Transformation From Iron Smelting To The Privatization Of Oswego Lake, Mathew K. Ragsdale Apr 2020

Pig Iron To Wrought Iron: Lake Oswego's Transformation From Iron Smelting To The Privatization Of Oswego Lake, Mathew K. Ragsdale

Young Historians Conference

The paper focuses on the interaction between Oregon's public trust doctrine, city ordinances, and private interests surrounding access to Oswego Lake. Areas of study include the early development of Lake Oswego with its prominence in the Oregon iron industry, and its transition from industrial town to weekend retreat to affluent suburb between the late 1800s and mid 1900s. The Lake Oswego Corporation has claimed power over all aspects of the lake, a notion disputed by Oregon's strong public trust doctrine. The city, whose duty is to all residents, has used the lake as a public asset while restricting ...


Honor And The Code Of Silence, Michaela Sallade Apr 2020

Honor And The Code Of Silence, Michaela Sallade

KUCC -- Kutztown University Composition Conference

This work is about law enforcement and the code of silence some officers that take part in it. There are three reasons behind officers following this code is due to the influence of the police academy, their fellow police officers, and the police union. Then going over how honor influences these officers becoming a part of the code of silence as well. The code of silence is a problem in the United States that is leading to officers getting away with crimes.


Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer Apr 2020

Growing Old And Getting Sick Are Dangerous In Prison: A Moral And Legal Argument For “Justice, Not Vengeance”, Jillian Sauer

Undergraduate Theses

In 2017 the Kentucky DOC reported that Kentucky prisons housed 2,521 persons categorized as “elderly”. Even though individuals in this population are more susceptible to violence and risk developing age-related illnesses the care of these individuals is not a financial priority for those in power. These individuals occupy a unique position as a marginalized group within a marginalized group, and one which is growing rapidly. As a result, it is necessary to develop a response drawing from Catholic social teaching and criminal justice ethics which addresses the unique problems faced by this population. At the core of this response ...


Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd Apr 2020

Citizen Engagement In Aquatics Equity: The Case Of Winston Waterworks, Steven N. Waller Phd, James H. Bemiller Jd, Emliy J. Johnson, Chermaine D. Cole, Jason Scott Phd, Angela Wozencroft, Phd

International Journal of Aquatic Research and Education

Historically, swimming pools have been a source of inequity when it comes to the distribution of recreation services in the United States. Many of the problems that correlate with the inequitable allocation of recreation resources including public swimming pools began with ideas about race, geography, poor planning practices and faulty policymaking (Rothstein, 2017). Moreover, one of the primary outcomes of engaged, inclusive planning is equity in the provision of recreation programs and facilities. In this essay, we offer a summary of key legal cases that help address questions related resource allocation related to public swimming pools. Finally, we present a ...


Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos Apr 2020

Lgbtq Training For Aquatic Employees: Impact On Attitudes And Professional Competencies, Austin R. Anderson, Eric Knee, William D. Ramos

International Journal of Aquatic Research and Education

This study examined the impact of a LGBTQ diversity training on the attitudes and professional competencies of aquatic employees within a campus recreational sports setting. While diversity training is often discussed as a key component of inclusive aquatic programming, little empirical research examining the outcomes associated with such trainings exists. As such, members of the research team developed, implemented, and evaluated a four-month long training program consisting of one in-person training session and monthly inclusion handouts discussing issues related to the inclusion of LGBTQ participants. A comparative quantitative research design was used to measure employee’s attitudes towards the LGBTQ ...


A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson Apr 2020

A Comprehensive Analysis Of Aquatic Programming At Historically Black Colleges And Universities (Hbcus), Tiffany Monique Quash, Knolan C. Rawlins, Shaun M. Anderson

International Journal of Aquatic Research and Education

This article provides a comprehensive examination of aquatic programming at Historically Black Colleges and Universities (HBCUs). HBCUs consist of public, private, 2-year, and 4-year institutions (U.S. Department of Education, 2018). Historically, HBCUs provided descendants of the enslaved access to higher education opportunities (Brown, Donahoo, & Bertrand, 2001). HBCUs now serve a more diverse community and the core focus remains on inclusion, social justice, diversity, empowerment, leadership, and cultural competence (Kennedy, 2012; Rawlins, 2018). Consequently, HBCUs may provide an ideal environment to address aquatic activity and the drowning disparity in the African American community. In the current study, researchers sent a survey to 102 HBCUs to better assess the prevalence of aquatics programming at these institutions. Approximately 38 percent of the HBCUs responded to the survey. The ...


Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals Apr 2020

Dead Men At War: The Ideological Battle Between Karl Marx And Adam Smith, Matthew Beals

Senior Honors Theses

This thesis’s foremost purpose is to illustrate the nature of the intellectual battle waged between Karl Marx and Adam Smith. A detailed summary of each philosopher’s respective ideology is given, as well as an explanation for how such ideologies arose. Furthermore, an illustration of how the writings of Marx and Smith impacted historical events is provided. Ultimately, this thesis seeks to explain the core differences between Marxism and the free market system, and why such differences exhibit a great need for the preservation of liberty.


That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick Apr 2020

That Further Shore: A Memoir Of Irish Roots And American Promise [Table Of Contents], John D. Feerick

Biography

A rare and evocative memoir of a respected constitutional scholar, dedicated public servant, political reformer, and facilitator of peace in the land of his ancestors

John D. Feerick’s life has all the elements of a modern Horatio Alger story: the poor boy who achieves success by dint of his hard work. But Feerick brought other elements to that classical American success story: his deep religious faith, his integrity, and his paramount concern for social justice. In his memoir, The Further Shore, Feerick shares his inspiring story, from its humble beginnings born to immigrant parents in the South Bronx, going ...


Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis Apr 2020

Exploring The Overlap: Women Now’S Feminist Humanitarian Support And The Community Of Practice, Judith Bruce, Aisha Dennis

Poverty, Gender, and Youth

This conversation took place between Judith Bruce, Senior Associate and Policy Analyst of the Population Council, and Aisha Dennis, former Program Director for Women Now for Development. Women Now for Development’s mission is to initiate programs led by Syrian women that protect Syrian women and children across socioeconomic backgrounds and empower women to find their political voice and participate in building a new, peaceful Syria that respects and safeguards equal rights for all its citizens. Aisha’s impressive breadth of expertise includes conflict resolution and the application of international law through strategic litigation, as well as practical experience in ...


Between Martin Luther And Martin Luther King: James Pennington’S Struggle For “Sacred Human Rights” Against Slavery, John Witte, Jr, Justin J. Latterell Apr 2020

Between Martin Luther And Martin Luther King: James Pennington’S Struggle For “Sacred Human Rights” Against Slavery, John Witte, Jr, Justin J. Latterell

Yale Journal of Law & the Humanities

This Article outlines the human rights theories of nineteenth-century abolitionist and civil rights leader James Pennington. Born into slavery in Maryland, Pennington escaped North and became the first African American to attend Yale. As an ordained Presbyterian clergyman, educator, orator, author, and activist, he adapted traditional Protestant rights theories explicitly to include the rights of all, regardless of race. He emphasized the authority and freedom of the individual conscience as foundational to human rights. He advocated a central role for covenantal institutions including church, state, family, and school as essential for fostering a law and culture of human rights. And ...