Arts and Humanities Commons^™

Why Aim Law Toward Human Survival, John William Draper

Librarian Scholarship at Penn Law

Our legal system is contributing to humanity’s demise by failing to take account of our species’ situation. For example, in some cases law works against life and supports interests such as liberty or profit maximization.

If we do not act, science tells us that humanity bears a significant (and growing) risk of catastrophic failure. The significant risk inherent in the status quo is unacceptable and requires a response. We must act. It is getting hotter. When we decide to act, we need to make the right choice.

There is no better choice. You and all your relatives have rights. The …

Structural Violence & Small Victories: Political Epidemiology Of Hiv Among Msm In Nigeria, 2000-2010, Debbie A. Dada

Harvey M. Applebaum ’59 Award

No abstract provided.

Undemocratic Crimes, Paul H. Robinson, Jonathan C. Wilt

All Faculty Scholarship

One might assume that in a working democracy the criminal law rules would reflect the community’s shared judgments regarding justice and punishment. This is especially true because social science research shows that lay people generally think about criminal liability and punishment in consistent ways: in terms of desert, doing justice and avoiding injustice. Moreover, there are compelling arguments for demanding consistency between community views and criminal law rules based upon the importance of democratic values, effective crime-control, and the deontological value of justice itself.

It may then come as a surprise, and a disappointment, that a wide range of common …

Criminal Law’S Core Principles, Paul H. Robinson

All Faculty Scholarship

Modern criminal law scholars and policymakers assume they are free to construct criminal law rules by focusing exclusively on the criminal justice theory of the day. But this “blank slate” conception of criminal lawmaking is dangerously misguided. In fact, lawmakers are writing on a slate on which core principles are already indelibly written and realistically they are free only to add detail in the implementation of those principles and to add additional provisions not inconsistent with them. Attempts to do otherwise are destined to produce tragic results from both utilitarian and retributivist views.

Many writers dispute that such core principles …

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

All Faculty Scholarship

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms of …

Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff

Psychology Faculty Scholarship

We call for psychologists to expand their thinking on fair and just public safety by engaging with the “Abolition Democracy” framework that Du Bois (1935) articulated as the need to dissolve slavery while simultaneously taking affirmative steps to rid its toxic consequences from the body politic. Because the legacies of slavery continue to produce disparities in public safety in the U.S, both harming Black people and the institutions that could keep them safe, psychologists must take seriously questions of history and structure in addition to immediate situations. In the present article, we consider the state of knowledge regarding psychological processes …

Individualizing Criminal Law’S Justice Judgments: Shortcomings In The Doctrines Of Culpability, Mitigation, And Excuse, Paul H. Robinson, Lindsay Holcomb

All Faculty Scholarship

In judging an offender’s culpability, mitigation, or excuse, there seems to be general agreement that it is appropriate for the criminal law to take into account such things as the offender’s youthfulness or her significantly low IQ. There is even support for taking account of their distorted perceptions and reasoning induced by traumatic experiences, as in battered spouse syndrome. On the other hand, there seems to be equally strong opposition to taking account of things such as racism or homophobia that played a role in bringing about the offense. In between these two clear points, however, exists a large collection …

Toward Socially Equitable Conditions: Change In Complex Regulatory Systems, Katherine A. Hoffman

Antioch University Dissertations & Theses

The purpose of this qualitative participatory action research was to explore how complexity is engaged and experienced in complex regulatory systems, and to understand how cannabis might be regulated in ways that lead to socially equitable conditions. This was accomplished by studying the lived experiences of governmental leaders charged with the responsibility of establishing regulatory frameworks for legalized cannabis where none previously existed. Using the learning history methodology, the study deeply explores the ways that complex systems coexist by capturing the lived experiences of research participants and enhance theoretical understanding of complex regulatory systems. Data collection occurred through reflective interviews, …

Calls For Change: Seeing Cancel Culture From A Multi-Level Perspective, Tomar Pierson-Brown

Articles

Transition Design offers a framework and employs an array of tools to engage with complexity. “Cancel culture” is a complex phenomenon that presents an opportunity for administrators in higher education to draw from the Transition Design approach in framing and responding to this trend. Faculty accused of or caught using racist, sexist, or homophobic speech are increasingly met with calls to lose their positions, titles, or other professional opportunities. Such calls for cancellation arise from discreet social networks organized around an identified lack of accountability for social transgressions carried out in the professional school environment. Much of the existing discourse …

Representation And Recommendations: Participation Of People Who Use Drugs In Un-Level Policy-Making, Lily Knudsen

Independent Study Project (ISP) Collection

Although participation in health policy-making is a popular topic in the literature and a stated priority of the United Nations, very little research has been published examining the full spectrum of participation by people who use drugs (PWUD) at the UN level. This study aims to describe and evaluate this participation through a combination of a literature review that looks at academic sources, UN publications, and publications by organizations of PWUD, and a series of interviews with representatives of organizations of PWUD who have participated in UN level policy-making.

Data collected demonstrates that there is no comprehensive system for the …

Evaluating The Pragmatic And Moralistic Approach To Drug Policy And Addiction In Opioid Epidemic Outcomes, Brielle Seidel

Independent Study Project (ISP) Collection

Drug use, policy and outcomes differ in all countries; however, trends exist in response to these circumstances and can typically be evaluated through a pragmatic and moralistic lens. The public health, and evidence-based pragmatic approach differs from the law enforcement-centered moralistic approach, specifically in outcomes of people suffering from substance use disorder. Particularly for opioid use disorder, countries that have taken the pragmatic approach in response to opioid epidemics have had dramatic results. Two of the countries discussed include Switzerland and Portugal, with additional information on the Netherlands. In contrast, current opioid epidemics exist in certain countries who maintain a …

Uri And Its Students: A Contract For The Provision Of A Safe Environment, Danielle Joan Beatrice

Senior Honors Projects

DANIELLE BEATRICE (English; Philosophy; Business) URI and Its Students: A Contract for the Provision of a Safe Environment

Sponsor: Judith Swift (Communication Studies, Coastal Institute)

When students begin to attend college, they expect to be consumed with busy schedules, heavy workloads, and an exciting social life. Students do not anticipate being in dangerous situations. However, this does not mean that such situations do not occur. Therefore, it is essential to teach students to be active participants in educating themselves and their peers regarding prevention and response to emergency situations. My Honors Project aims to increase the awareness of safety-related issues …

Primary Prevention And The Socioecological Model: An Integrated, Preventative Approach To Combat Sexual Violence, Emma G. Padrick

Student Publications

A growing body of research suggests that sex offense registries, though popular with politicians and the public, are ineffective at reducing victimization. Registries only address the individual who perpetrates after victimization occurs in an effort to prevent recidivism. They do not address the other, broader reasons that victimization transpires; they do not prevent sexual violence, and they do not improve communities’ safety. Using the socioecological framework to design primary prevention practices accounts for the interplay between the individual, relationship, community, and societal factors that lead to perpetration and should be used in place of reactive measures that fail to effectively …

A Truce In Criminal Law's Distributive Principle Wars?, Paul H. Robinson

All Faculty Scholarship

Crime-control utilitarians and retributivist philosophers have long been at war over the appropriate distributive principle for criminal liability and punishment, with little apparent possibility of reconciliation between the two. In the utilitarians’ view, the imposition of punishment can be justified only by the practical benefit that it provides: avoiding future crime. In the retributivists’ view, doing justice for past wrongs is a value in itself that requires no further justification. The competing approaches simply use different currencies: fighting future crime versus doing justice for past wrongs.

It is argued here that the two are in fact reconcilable, in a fashion. …

Lessons From China's Response To Covid-19: Shortcomings, Successes, And Prospects For Reform In China's Regulatory State, Jacques Delisle, Shen Kui

All Faculty Scholarship

China’s response to COVID-19 offers a case study of law, the regulatory state and governance in China. The costly delay in the initial response reflected distinctive features of the Chinese system, including perverse incentives local-level officials face to try to cover up problems, fragmentated institutions and rules, and politically weak public health bureaucracies. After the initial shortcomings, China’s largely successful efforts to contain the pandemic also reflected defining features of the Chinese system, including a highly capable, centralized and authoritarian party-state that could mobilize vast resources, coordinate across fractious institutions, create ad hoc government and party leadership bodies, and deploy …

Barriers Between Effective Transnational Changemaking: Relationships Between Ingos And Moroccan Ngos, Julia Walters

Independent Study Project (ISP) Collection

This paper seeks to explore the relationships held between international non-governmental organizations, primarily based in the West, and Moroccan NGOs. The existing literature on the topic explores the ways in which international NGOs can both benefit and harm domestic NGOs, which seek to fix issues not thoroughly addressed and solved by the state or by the market, such as issues of gender-based violence, female education, and lack of rural healthcare. The data gathered was organized into two types of relationships; financial and non-financial. Financial relationships between INGOs and NGOs were often depicted as crucial in enabling critical projects, such as …

Slogans Appropriate To The Legacy Of Martin Luther King Jr., Theodore Walker

Perkins Faculty Research and Special Events

For printing signs, banners, posters, tee shirts, and bumper stickers (and for preaching sermons) that are appropriate to the legacy of Rev. Dr. Martin Luther King Jr., please consider the following slogans: ABOLISH WAR, ABOLISH POVERTY, AMEND THE CONSTITUTION, SUPPORT AN ECONOMIC BILL OF RIGHTS, JOBS FOR ALL, GUARANTEED INCOME FOR ALL, SUPPORT UNIVERSAL BASIC INCOME, and GOOD NEWS TO THE POOR - Luke 4:14-19.

Policy Of Current Hospital Translation Services And Recommendations For Future Adjustments For Spanish-Speaking Patients, Isidora Rose Beach

Baker Scholar Projects

It is a seldom-discussed fact that English-speakers in America enjoy a quality of health care that is not necessarily afforded to non-native speakers receiving care at the same facilities. Policy regarding what is required of health institutions in terms of translation services is exceedingly vague, and implementation of this policy is inconsistent. This lack of guidance makes it possible for many patients needing interpreters to fall through the cracks. This project will examine current policy guiding interpretive services in the U.S., and will recommend more specific guidelines that would improve quality of care for limited English proficiency individuals. This project …

Curating Heritage In The Digital Age: An Exploration Of How America’S National Heritage Areas Are Using Technology To Share Their Stories, Desiree Demski-Hamelin

School of Public Policy Capstones

Research Question

This capstone project answers the following two primary research questions: 1) how are America’s National Heritage Areas (NHAs) using technology to share their stories, and 2) what types of information are NHAs using technology to share? Additional secondary research questions are outlined in the Methodology section.

Data Source

Primary data was collected from the websites and social media accounts of each of the forty-eight active NHAs in the United States as of April 2018.

Methodology

Systematic observational content analysis of the websites and social media accounts was conducted by the author. Two rating schemes were developed to assess …

Our Principled Constitution, Mitchell N. Berman

All Faculty Scholarship

Suppose that one of us contends, and the other denies, that transgender persons have constitutional rights to be treated in accord with their gender identity. It appears that we are disagreeing about “what the law is.” And, most probably, we disagree about what the law is on this matter because we disagree about what generally makes it the case that our constitutional law is this rather than that.

Constitutional theory should provide guidance. It should endeavor to explain what gives our constitutional rules the contents that they have, or what makes true constitutional propositions true. Call any such account a …

Exclusionary Megacities, Wendell Pritchett, Shitong Qiao

All Faculty Scholarship

Human beings should live in places where they are most productive, and megacities, where information, innovation and opportunities congregate, would be the optimal choice. Yet megacities in both China and the U.S. are excluding people by limiting housing supply. Why, despite their many differences, is the same type of exclusion happening in both Chinese and U.S. megacities? Urban law and policy scholars argue that Not-In-My-Backyard (NIMBY) homeowners are taking over megacities in the U.S. and hindering housing development therein. They pin their hopes on an efficient growth machine that makes sure “above all, nothing gets in the way of building.” …

Baby M Turns 30: The Law And Policy Of Surrogate Motherhood, Eric A. Feldman

All Faculty Scholarship

This article marks the 30th anniversary of the Supreme Court of New Jersey’s Baby M decision by offering a critical analysis of surrogacy policy in the United States. Despite fundamental changes in both science and society since the case was decided, state courts and legislatures remain bitterly divided on the legality of surrogacy. In arguing for a more uniform, permissive legal posture toward surrogacy, the article addresses five central debates in the surrogacy literature.

First, should the legal system accommodate those seeking conception through surrogacy, or should it prohibit such arrangements? Second, if surrogacy is permitted, what steps can be …

Foreign Policy Evaluation And The Utility Of Intervention, Graham Slater

FIU Electronic Theses and Dissertations

This dissertation identifies and explains the factors contributing to the presence and severity of U.S. foreign-policy blunders, or gross errors in strategic judgment resulting in significant harm to the national interest, since the Second World War. It hypothesizes that the grand strategy of preponderance and the overestimation of military power to transform the politics of other states have precipitated U.S. foreign-policy blunders since 1945. Examining the Vietnam War and Iraq War as case studies, it focuses on underlying conditions in the American national identity and the problematic foreign policy decision-making (FPDM) that corresponds to this bifurcated hypothesis, termed the overestimation/preponderance …

Pretrial Detention And Bail, Megan Stevenson, Sandra G. Mayson

All Faculty Scholarship

Our current pretrial system imposes high costs on both the people who are detained pretrial and the taxpayers who foot the bill. These costs have prompted a surge of bail reform around the country. Reformers seek to reduce pretrial detention rates, as well as racial and socioeconomic disparities in the pretrial system, while simultaneously improving appearance rates and reducing pretrial crime. The current state of pretrial practice suggests that there is ample room for improvement. Bail hearings are often cursory, with no defense counsel present. Money-bail practices lead to high rates of detention even among misdemeanor defendants and those who …

Strict Liability's Criminogenic Effect, Paul H. Robinson

All Faculty Scholarship

It is easy to understand the apparent appeal of strict liability to policymakers and legal reformers seeking to reduce crime: if the criminal law can do away with its traditional culpability requirement, it can increase the likelihood of conviction and punishment of those who engage in prohibited conduct or bring about prohibited harm or evil. And such an increase in punishment rate can enhance the crime-control effectiveness of a system built upon general deterrence or incapacitation of the dangerous. Similar arguments support the use of criminal liability for regulatory offenses. Greater punishment rates suggest greater compliance.

But this analysis fails …

First Report Of The National Evaluation Of Rsvp Volunteers, Annie Georges, Susan Gabbard, Ashley Wendell Kranjac

Sociology Faculty Articles and Research

"In 2013, the Corporation for National and Community Service (CNCS) initiated a national evaluation of the Retired and Senior Volunteer Program (RSVP). The national evaluation was intended to collect the necessary information to better guide the RSVP program and to address three objectives: 1) describe the characteristics of RSVP volunteers, including how volunteers are distributed across CNCS’s performance measure categories, and how volunteers allocated their time to different service activities across the performance measure categories; 2) measure the relationship between volunteer characteristics, service activities, and volunteers’ psychosocial health; and 3) measure the impact of RSVP national service participation on volunteers’ …

Ratification, Reporting, And Rights: Quality Of Participation In The Convention Against Torture, Cossette D. Creamer, Beth A. Simmons

All Faculty Scholarship

The core international human rights treaty bodies play an important role in monitoring implementation of human rights standards through consideration of states parties’ reports. Yet very little research explores how seriously governments take their reporting obligations. This article examines the reporting record of parties to the Convention against Torture, finding that report submission is heavily conditioned by the practices of neighboring countries and by a government’s human rights commitment and institutional capacity. This article also introduces original data on the quality and responsiveness of reports, finding that more democratic—and particularly newly democratic—governments tend to render higher quality reports.

Hopeful Losers? A Moral Case For Mixed Electoral Systems, Loren King

Political Science Faculty Publications

Liberal democracies encourage citizen participation and protect our freedoms, yet these regimes elect politicians and decide important issues with electoral and legislative systems that are less inclusive than other arrangements. Some citizens inevitably have more influence than others. Is this a problem? Yes, because similarly just but more inclusive systems are possible. Political theorists and philosophers should be arguing for particular institutional forms, with particular geographies, consistent with justice.

Les démocraties libérales encouragent la participation citoyenne et protègent nos libertés. Pourtant, ces régimes élisent des politiciens et décident de problèmes importants via les systèmes électoral et législatif, qui sont moins …

New Start From Old Beginnings?, Michaela Ruhlmann

History Capstone Research Papers

This paper examines the extent of which START I and New START achieved effective balance of power between the United States and Russia. It addresses the purpose, agreements and the impact of START I and New Start on the effectiveness in accomplishing global balance of power. This paper argues that while the original START I accomplished a global balance of power by equalizing reduction of nuclear arsenals in both countries, but that New START did not accomplish a long-term global balance of power. To best demonstrate this, “New START from Old Beginnings?” covers START I’s historical context, examine its actual …

Central Government And Secession, Tyler Zuch

Political Science Capstone Research Papers

Governments and countries throughout history have risen and fallen while some have carried on through the years. However, some countries look very different from when they existed in previous times. Rulers and leaders have utilized many responses to rebellions and secessionist movements. These responses range from bloody and/or political repression, devolution, simply declaring secession unconstitutional or illegal, economic concessions/incentives, or even simply ignoring the problem. There is not only the debate as to what is the best way to put down a rebellion or secessionist movement, but also what is the right/moral response that the government should do to keep …