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2019

Law

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Articles 1 - 27 of 27

Full-Text Articles in Arts and Humanities

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos Nov 2019

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos

TSOS Interview Gallery

The Northwest Immigrant Rights Program has been around for 35 years, started in 1984 specifically to help Central American refugees during the mid-1980s, when they were fleeing civil wars. A pro-bono group of attorneys performing "direct legal representation", helping low income community members who are navigating different aspects of the immigration system. NWIRP also engages in "systemic advocacy" which attempts to change systems and policies revolving around asylum and immigration rights.


[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike Nov 2019

[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike

Bookshelf

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

“If you believe that I’m a cop killer, you believe David Bowie is an astronaut.” —Rapper Ice-T, on the persona he adopted in the song “Cop Killer”

Should Johnny Cash have been charged with murder after he sang, “I shot a man in Reno just to watch him die”? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted …


The Influence Of The Law In American Literature And Culture, Emily Johnson, Steven Hamelman Oct 2019

The Influence Of The Law In American Literature And Culture, Emily Johnson, Steven Hamelman

Honors Theses

This piece explores the relationship between law and its influence within American literature and the overall culture. Themes of discrimination, corruption, greed, advocacy, and incriminating evidence, present in the analyzed texts and films, greatly plays into the American public’s perception of their judicial system. Is it truly the law influencing American literature and culture, or is it the sentiments of the masses influencing the legal field itself? This work aims at analyzing this question, while also making a point to explain what American citizens can do with such influence and knowledge.


Spirituality Of Lider In Islam Law, O‘Ktam Shakarov Sep 2019

Spirituality Of Lider In Islam Law, O‘Ktam Shakarov

The Light of Islam

This article deals with governance in Islamic law, government, as well as the spiritual and moral qualities of leaders that they must adhere to in their work


The Real Legal Realism, Michael S. Green Sep 2019

The Real Legal Realism, Michael S. Green

Michael S. Green

No abstract provided.


Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran Sep 2019

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation, celebrity, …


Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso Jul 2019

Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso

Seton Hall University Dissertations and Theses (ETDs)

Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system.


Lawgleaning, Natalie Joelle Jun 2019

Lawgleaning, Natalie Joelle

The Goose

Poetry by Natalie Joelle


Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …


A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler May 2019

A Rhetorical Analysis Of Opening Statements In Trial: Reconsidering The Classical Canon Of Invention, Andrew Chandler

Undergraduate Theses

This analysis of 21 opening statements probes at current persuasive practices employed by trial attorneys through the lens of mainstream legal advice and an expanded definition of rhetorical invention – one which includes both discovery and creation. An evaluation of such practice reveals the utility, and furthermore the duty of the advocate, to draw upon an expanded realm of available arguments.


Crise Linguistique En Algérie: Les Conséquences De L’Arabisation, Lily Keener Apr 2019

Crise Linguistique En Algérie: Les Conséquences De L’Arabisation, Lily Keener

Senior Capstone Theses

This essay details the implementation and eventual failure of the Arabization policies intended to reinstate and reform Arabophone and Islamic culture in Algeria after independence. I lay out the actions taken by the ruling party (the FLN) against the three main languages spoken in Algeria - Algerian Arabic, French, and Berber - through various laws and even in the language of the Algerian constitution. Ultimately, I conclude that the attempted repression of these languages is an injustice against the Algerian people and should desist for the good of the country.


Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes Apr 2019

Guantánamo Bodies: Law, Media, And Biopower, Cary Federman, Dave Holmes

Cary Federman

The idea of the Guantánamo detainee as a Muselmann, the lowest order of concentration camp inmates, contains within it important implications for the new understanding of sovereignty in the era of Guantánamo, in an age of exception. The purpose of this article is to explain the status of those who are detained at Guantánamo Bay. Stated broadly, in assessing that status, we will emphasize the connection between the altered meaning of sovereignty that has accompanied the placing of prisoners in an American penal colony in Cuba and the biopolitical status of the prisoners who reside there. More particularly, we …


Scripture Note: “Pointing Our Souls To Him”, Matthew L. Bowen Apr 2019

Scripture Note: “Pointing Our Souls To Him”, Matthew L. Bowen

Religious Educator: Perspectives on the Restored Gospel

When the King James translators rendered the biblical Hebrew word tôrâ (often transliterated Torah) into English, they almost always did so using the Anglo-Norman word “law” (< Old English lagu1 < Old Norse lög2/*lagu). The 1830 translation of the Book of Mormon into English appears to have followed that approach. However, the Book of Mormon’s ancient authors, in several instances, also exhibit a conception of “law” consistent with the most basic sense of tôrâ in Hebrew and in so doing, they reveal an important function of divine “law” as it relates to the divine Lawgiver


Editor's Introduction Apr 2019

Editor's Introduction

Genocide Studies and Prevention: An International Journal

No abstract provided.


Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung Mar 2019

Immigration, Incarceration, Deportation: Asian Americans In The Criminal Justice System, Agnes Mung

History

Asian Americans have been long overlooked in the United States for their contributions and have been restricted by ever-changing stereotypes and perceptions. Within the Asian American community, the incarcerated population and former criminals have been hidden because of cultural stigmas and missing statistics. In the 1980s, a large population of Asian American youth were becoming involved in criminal activity because of difficulty adapting to life in the United States after arriving at a young age. Gang membership and racial profiling increased the chances that Asian Americans would be arrested, although Asian Americans are less likely to be sentenced to prison …


When Legal Entities Collide: The Utility Of God's Law In Business Today, Kirbee Van De Berg, Sacha Walicord Mar 2019

When Legal Entities Collide: The Utility Of God's Law In Business Today, Kirbee Van De Berg, Sacha Walicord

Pro Rege

No abstract provided.


Constraint And Control, Patricia Ayres Feb 2019

Constraint And Control, Patricia Ayres

Theses and Dissertations

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


Sexual Misconduct, Religion, And Culture, Alev Dudek Jan 2019

Sexual Misconduct, Religion, And Culture, Alev Dudek

Alev Dudek

Civilization is the reflection of a constant effort to increase reproduction while suppressing pleasure. This is because civilized societies are artificial systems that are governed by rulers. They are militarized and operate through production, consumption, exchange of goods and services, and the transfer of wealth. Unlike reproduction, pleasure and release of tension do little to benefit the rulers (unless they are involved in the process themselves, of course). The higher the number of births, the better for the rulers because of the increased opportunities for economic and military exchange. Naturally, there are exceptions to this rule. However, such exceptions, …


The Ecological Situation And The Processes Of Using Natural Resources In Uzbekistan During Independence, Sh. Y. Allaberganov Jan 2019

The Ecological Situation And The Processes Of Using Natural Resources In Uzbekistan During Independence, Sh. Y. Allaberganov

Central Asian Problems of Modern Science and Education

During the years of independence, the reduction of atmospheric air pollution levels, the improvement of the main open water flows, the reduction of the application of pesticides, the improvement of the structure of cultivated areas, the involvement of international organizations in the solution of national environmental problems have been analyzed.


Conception And Features Of Governmental Authority, M. I. Raximova Jan 2019

Conception And Features Of Governmental Authority, M. I. Raximova

Central Asian Problems of Modern Science and Education

The governmental authority is the most important attribute of the state, vested with the power of state management. In the modern society, oriented on democracy, the state power based on the principles of democracy under the principle of peoples' sovereignty. It's source is not a divine will and not the charismatic features of the governor, but the peoples' sovereignty. It's will expressed in the state constitution, determines the character of state power and its implementation forms. In this article, the author analyzes the concept, features and core of governmental authority


The Osi And The Nazis: America's Struggle To Expel Nazi War Criminals And Their Allies Decades After The Second World War, Evan S. Murray Jan 2019

The Osi And The Nazis: America's Struggle To Expel Nazi War Criminals And Their Allies Decades After The Second World War, Evan S. Murray

Honors Undergraduate Theses

This thesis examines the history of the Office of Special Investigations' campaign to identify, denaturalize, and deport Nazis and Nazi collaborators. By analyzing documents from the work of the Office's predecessor, the Special Litigations Unit, in 1977, up to and including the case of George Lindert in 1995, this research aims to provide an understanding of the Office's origins, methods, and motivations. This work was done through the consultation of court records, internal memos, letters, an official government report on the Office's activities, other literature written on this topic, and interviews conducted by the author with two former members of …


Collective Responsibility By Agreement, David Atenasio Jan 2019

Collective Responsibility By Agreement, David Atenasio

Dissertations

It is often challenging to fairly distribute responsibility for harms that result from collective wrongdoing. Few object to blaming an agent for making a contribution to wrongdoing, but it is far more controversial to attribute fault to one agent for the contributions made by other participants in collective wrongdoing. I argue that we ought to distribute co-responsibility for collective wrongdoing only to those who authorize the offending actions, whether expressly or tacitly. By authorizing another to carry out wrongdoing on one's behalf, one becomes to blame for the unjustified harm caused by one's agent or agents. In this dissertation, I …


International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner Jan 2019

International Environmental Law Principles Relevant To Exploitation Activity In The Area, Robin M. Warner

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

The International Seabed Authority is responsible for providing effective protection for the marine environment from the harmful effects of activities in the Area under Article 145 of UNCLOS. To meet this challenge, it must determine the relevant environmental governance principles applicable to each stage of an exploration and exploitation activity and how they can be operationalized in practical terms. This article discusses some key principles of international environmental law and management which are potentially relevant to the exploitation process and in particular the approval of a plan of work for exploitation activities. It also examines the potential legal thresholds for …


One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr Jan 2019

One Rule Of Law Project In Post-Soviet Russia, Albert E. Scherr

Law Faculty Scholarship

"One Rule of Law Project in Post-Soviet Russia" is published as Chapter 9 of the book At Home Abroad: Friendship First - A Look at Rule of Law Projects and Other International Insights, (ed. Joseph Nadeau, New York: Austin Macauley Publishers LLC, 2019). This book provides personal insights into an international cooperative effort to promote the rule of law in emerging democracies around the world. Professor Scherr's chapter examines the cultural context within a study of the rule-of-law project that was conducted between 1999 and 2004 in Vologda, Russia.


The Decline Of Liberal Democracy: The Case Of Hungary, David Louis Vogel Jan 2019

The Decline Of Liberal Democracy: The Case Of Hungary, David Louis Vogel

Senior Projects Spring 2019

This paper analyzes the reasons behind the decline of liberal democracy that Hungary is currently experiencing. Specifically this study analyzes the effects of the transition from communism to democracy and how those changes negatively affected a large degree of the population and turned them away from democracy. The decline in living standards and wages and increasing inequality were associated with democracy and enabled right wing populists such as Viktor Orban to come to power.


"The More They’Re Beaten The Better They Be": Gendered Violence And Abuse In Victorian Laws And Literature, Danielle T. Dominguez Jan 2019

"The More They’Re Beaten The Better They Be": Gendered Violence And Abuse In Victorian Laws And Literature, Danielle T. Dominguez

CMC Senior Theses

During the Victorian age, the law and society were in conversation with each other, and the law reflected Victorian gender norms. Nineteenth-century gender attitudes intersected with the law, medical discourse, and social customs in a multitude of ways. Abuse and gender violence occurred beneath the veneer of Victorian respectability. The models of nineteenth-century social conduct were highly gendered and placed men and women in separate social spheres. As this research indicates, the lived practices of Victorians, across social and economic strata, deviated from these accepted models of behavior. This thesis explores the ways that accepted and unaccepted standards of female …


The Resettlement Of Vietnamese Refugee Religious, Priests, And Seminarians In The United States, 1975–1977, Tuan Hoang Dec 2018

The Resettlement Of Vietnamese Refugee Religious, Priests, And Seminarians In The United States, 1975–1977, Tuan Hoang

Tuan Hoang

The fall of Saigon (1975) was a significant factor in the large numbers of Vietnamese American vocations to the priesthood and religious life. This event led some 125,000 refugees from South Vietnam to the U.S., including hundreds of priests, seminarians, and men and women religious. Their sudden presence prompted a host of responses from American Catholics under the leadership and coordination of the United States Catholic Conference. This leadership led to relatively quick resettlement of religious, priests, and seminarians. Combining exilic experience and identity with the Catholic faith, these refugees established communities in the U.S. and promoted vocations to the …