Law Commons^™

Law's Legitimacy: Lon Fuller In A Consequentialist Frame, Daniel L. Feldman

Dissertations, Theses, and Capstone Projects

This thesis argues that Lon Fuller’s approach to jurisprudence offers more important support to the rule of law than has been generally recognized. It argues further that a consequentialist lens allows clearer views of Fuller’s strengths in this regard, despite Fuller’s own resistance to consequentialism and despite consequentialism’s blindness to some of Fuller’s depth and texture. This thesis supplies a formula, although one intended only as a guide to thinking, not for actual computation, to drive judicial decision-making. The inputs into this formula are six values widely shared in the United States, modified by case-by-case salience. Kantian deontology strongly influences …

Containerization Of Seafarers In The International Shipping Industry: Contemporary Seamanship, Maritime Social Infrastructures, And Mobility Politics Of Global Logistics, Liang Wu

Dissertations, Theses, and Capstone Projects

This dissertation discusses the mobility politics of container shipping and argues that technological development, political-economic order, and social infrastructure co-produce one another. Containerization, the use of standardized containers to carry cargo across modes of transportation that is said to have revolutionized and globalized international trade since the late 1950s, has served to expand and extend the power of international coalitions of states and corporations to control the movements of commodities (shipments) and labor (seafarers). The advent and development of containerization was driven by a sociotechnical imaginary and international social contract of seamless shipping and cargo flows. In practice, this liberal, …

Collect Cosmic Dust, Make It Into Bright Stars: The Use Of Temporal Data In Regeneration Of Life Space And Time Via A Construction Of The Political-Sociological Theory Of Justice, Yi Wang

Dissertations, Theses, and Capstone Projects

This thesis argues for an argument-counterargument approach to the atypical classics of Franz Kafka and Emily Dickinson. This approach to the literature is useful for a construction of the political-sociological theory of justice, which claims that the state of a just world is each individual’s lifetime moving in a dialectic-of-anti-violence-and-non-violence manner.

Politics Of Refusal: Justice And Liberation For Black Trans Lives, Quincy Smith

Dissertations, Theses, and Capstone Projects

This thesis investigates the challenges faced by Black trans people. In this thesis, I will explore how protest is used to highlight and confront the obstacles faced by the Black trans community. I will also examine the cultural work of Black trans people and what they teach us. The Brooklyn Liberation march and the TV show Pose is an important part of Black trans legacy. They both look at the complications surrounding Black trans lives and contributes to Black trans representation in protesting and fighting marginalization. This thesis will argue the importance of allyship to create safe space for Black …

Higher Law And Lincoln's Antislavery Constitutionalism: What It Means To Say The Civil War Was Fought Over Slavery, Joel A. Rogers

Dissertations, Theses, and Capstone Projects

The US Civil War was fought over slavery. But what do we really mean when we say that? This paper examines that question, first by exploring the idea of “higher law,” which gained tremendous traction in American society starting around 1850. Proponents of the idea claimed that laws such as the Fugitive Slave Act are immoral; that the immorality of such laws is self-evident, and that such immoral laws should be resisted—sometimes even with violence. Meanwhile, opponents of the idea of higher law were not necessarily in favor of slavery, but they opposed the use of extra-Constitutional means to bring …

Children And The Cold War: Race & Hypocrisy Amid Fear Of Nuclear War, Richard D. Mctaggart Jr.

Theses and Dissertations

During the Cold War, American propaganda centered the wellbeing of the child in its messaging warning of atomic attack at the hands of the Soviet Union. However, despite American claims that all children were valued by the United States, this was proven untrue by its unequal treatment of Black children.

Fighting For The Right To Dance In Nyc’S Public Parks, Caithlin Peña

Capstones

Kanami Kusajima is an ink dancer and street performer who dances and creates art at Washington Square Park. She’s also been clashing with the Park Enforcement Patrol officers, who patrol the area. Her attempts to create a safer space for her fellow performers brings to light the complicated rules and regulations as well as the obstacles street performers face on the daily. Link to capstone project: https://medium.com/@caithlin.pena53/fighting-for-the-right-to-dance-in-nycs-public-parks-2cab922d1a1c

Operation Lone Star: The Spectacle Of Immigration Federalism, Danielle Puretz

Dissertations, Theses, and Capstone Projects

Texas Governor Greg Abbott launched Operation Lone Star in March 2021 to respond to the “crisis” at the United States/Mexico border. While in the US immigration is usually thought of as a federal responsibility, different states have worked to expand their capacity to welcome or exclude immigrants. Operation Lone Star is an example of how one state is working to restrict immigration to the US and build notoriety for its republican governor. Drawing on press releases, executive orders, news articles, opinion pieces, and other sources I highlight the performative politics within this initiative. Operation Lone Star is an example of …

The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam

Dissertations, Theses, and Capstone Projects

The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …

The Construction And Defense Of Artistic Authorship In Contemporary Copyright Disputes, Sophie Bell

Theses and Dissertations

Through the lens of three contemporary copyright infringement cases, this thesis examines topics in the field of art law, each grounded in the recent history of art and its controversies, in order to illuminate the unique set of legal conditions shaping contemporary artmaking, sale, and exhibition in the United States.

Control, Allegiance, And Shame In Male Qing Dynasty Hairstyles, Carolle Pinkerton

Dissertations, Theses, and Capstone Projects

This thesis is about the politicization of hairstyles in imperial China. They indicated conformity with social norms, or rebellion against them. This was especially true under the country’s last dynasty. The Manchu conquerors imposed their own hairstyle, the queue, on their Han Chinese subjects to make their rule palpable to China’s illiterate millions. “Hair martyrs” who refused to accept this “barbarous” hairstyle were ruthlessly eliminated. The Manchus had feared assimilation into the much larger Han population. But the introduction of one uniform male hair style for both Manchus and Han blurred the lines between the two groups. In this way …

Dramaturgies Of Intellectual Property Law In Read-Write Theatre, Andrew Kircher

Dissertations, Theses, and Capstone Projects

Digital and networked technologies have intensified our relationship to knowledge: all the world’s information and creativity are so immediately and personally accessible that they become embodied. Into this moment, a new theatrical practice has emerged, what I identify as Read-Write Theatre (after Lawrence Lessig). In Read-Write cultural production, artists sample and speak through the full spectrum of disembodied data that is the internet—text, video, audio, and images. The artists I include in this critical category are marked by their posthuman relationship to knowledge and, most importantly, the ways that their theatrical work confounds contemporary intellectual property law.

In this dissertation, …

Immigration Lawmaking, 1950–1986: Cold War Politics And Double-Edged Reforms, Benjamin Becker

Dissertations, Theses, and Capstone Projects

The dissertation is a study of immigration lawmaking in the Cold War period. It explores how the gap emerged between the law and the social reality of immigration, and how lawmakers politically and institutionally “resolved” these contradictions under the competing pressures of foreign policy, shifting Congressional alignments, an unstable economy and the reigning political idiom of non-discrimination.

The constant efforts to reformulate immigration policy from 1952 to 1990 were produced by the struggle between competing economic and political blocs in a context largely insulated from public opinion, where Cold War foreign policy demands set the boundaries of acceptable discourse and …

Legal Purgatory: Why Some Animals Are Neither Persons Nor Property, Sharisse Kanet

Dissertations, Theses, and Capstone Projects

All animals with non-borderline sentience are deserving of certain legal considerations independent of their use and relationship to human beings. That is, all sentient beings should have some rights. Given the current organization of the U.S. legal system, which divides all entities into property or persons, it is not surprising that animals are relegated to property status. I put forth a proposal to fix this whose central suggestion is that we create a third legal designation, legal patient, into which all non-person sentient animals (those which do not properly belong on either current category) would fit. These animals would receive …

Article 6.21, Tatiana Stolpovskaya

Theses and Dissertations

Article 6.21 is a short documentary film that aims to examine the state of censorship around queerness in Russia today and its effects on personal lives in the queer community.

Twenty years after Russia decriminalized homosexuality, on June 30th in 2013, President Vladimir Putin signed Article 6.21 "for the Purpose of Protecting Children from Information Advocating for a Denial of Traditional Family Values", also known as the "Gay Propaganda Law". Its broad and ambiguous wording allows the government significant leeway in deciding what kind of public queerness is punishable.

In 2020 Russia passed multiple constitutional amendments that affect many areas …

The Push Factors That Impact Sex Trafficking In The Former Soviet Union, Liliya Kenzhebayeva

Dissertations and Theses

Sex trafficking is a global problem that has been denounced by the international community as a human rights abuse and determined to be a modern form of slavery. Through a comparative analysis of the experiences of Kazakhstan, Russia, and Ukraine as they were a part of the Soviet Union the study identifies the push factors of sex trafficking in women as forced labor with particular emphasis on the role of weak legal systems and state institutions, corruption, social and economic factors, and environmental problems that are linked to organized crime (the Russian mafia) from 2001 to 2019. The thesis supports …

Pirate Radio Proves Invaluable To Immigrant Communities During The Pandemic — But The Fcc Isn’T Having It, May Olvera

Capstones

In January 2020, congress passed the PIRATE Act into law, expanding the legal consequences for operating pirate radio tenfold. Although the FCC claims that the reason they are cracking down on pirate stations — that is, stations broadcasting on regulated airwaves without an FCC license — is that they could interfere with emergency messaging, the pandemic has proven otherwise; there is no evidence of pirates interfering with official safety warnings. In fact, most pirate stations are run by immigrants speaking in their native tongue and they have been able to provide vulnerable and underserved communities with the information they need …

Wrongful Conviction Documentaries: Influences Of Crime Media Exposure On Mock Juror Decision-Making, Patricia Y. Sanchez

Dissertations, Theses, and Capstone Projects

Psychology and law researchers have urged colleagues to collaborate with the makers of popular media, such as documentary filmmakers, in efforts to educate the general public about wrongful convictions (Kassin, 2017; Wells et al., 2000). Recently, programs depicting wrongful convictions, such as Making a Murderer (Demos & Ricciardi, 2015) and When They See Us (DuVernay, 2019) have garnered substantial viewership. Research on general and case-specific pretrial publicity (Daftary-Kapur et al., 2014; Kovera, 2002) and the effects of crime media (Baskin & Sommers, 2010; Schweitzer & Saks, 2007) demonstrate that although consuming crime-related media and being exposed to information about a …

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

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 is …

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

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 …

Maryland’S Historically Black Institutions: In Pursuit Of Equity In Higher Education, Maureen Samedy-Cooke

Dissertations, Theses, and Capstone Projects

In 2013, a federal judge in the U.S. District Court of Maryland ruled in The Coalition for Equity and Excellence in Maryland Higher Education et al. v. Maryland Higher Education Commission et al., that through the practice of offering duplicative academic programs at Maryland’s Historically Black Institutions (HBIs) and their Traditionally White Institutions (TWIs), Maryland has practices in place that perpetuate a segregated higher education system, a violation of the United States Constitution and the Civil Rights Act of 1964. This dissertation examines the effect of duplicative academic programs on racial enrollment in Maryland’s Historically Black Institutions. The study draws …

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

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.

In Search Of Trojan Horses: The United Nations Culture War, Patricia Ackerman

Dissertations, Theses, and Capstone Projects

This dissertation examines the expanding influence of the religious Right at the UN, building on extant scholarship on the role of the culture war at the UN. This scholarship has tracked the increasing presence of the religious Right following the Beijing World Conference on Women and the Cairo Conference of Population and Development. Since that time, there has been a systematic and strategic movement against LGBT human rights and sexual and reproductive health and rights. The religious Right influence UN discourse, documents, and global policy in favor of their agenda. This conflict manifests in a frenzied media and policy battle …

Production, Not Dependence: The Metaphysics Of Causation And Its Role In Explanation, Responsibility, And The Law, Yuval Abrams

Dissertations, Theses, and Capstone Projects

Causation is production, not dependence. It is not merely a matter of how two facts or events covary, but about what underlies that covariation. Furthermore, causation is unified (not fragmented or plural) and is a natural relation (in the world). To cause is to make something happen, to generate. The causal nexus (the web of causal influence) consists entirely of productive positive causes. With these fixed, the (causal) dependence relations are determined.

Dependence belongs to the theory of explanation. Causal dependence is an explanatory notion: A causally explains B, in virtue of a causal relation between cause C and effect …

Legal Frameworks For Protecting Cultural Heritage In Conflict Zones, Marcie M. Muscat

Dissertations and Theses

Cultural heritage has always been at risk during times of war. UNESCO first endeavored to address the issue shortly after World War II, in 1954, when it passed the first of three signature conventions to protect against the damage, destruction, and pillage of cultural property in times of armed conflict. Lacunae and other deficiencies in their frameworks, however, rendered these conventions difficult to enforce and largely ineffectual. This study offers an assessment of the strengths and limitations of the UNESCO system of cultural-heritage protection, with a particular focus on the 1954 Hague Convention. It is argued that, by superseding certain …

Emergent Women's Global Political Leadership: Progress Despite Constraints, Aoife Meehan

Dissertations and Theses

“Emergent Women’s Global Political Leadership: Progress Despite Constraints” seeks to trace why and how female political leaders emerge at the global level. Evidence points to certain cultural factors, often expressed by laws, constraining or supporting women as they seek political advancement. Data shows women leaders are emerging more and more, though slowly, as political leaders around the world. Reviewing women’s participation and representation regionally and nationally in parliaments, as ministers, and as heads of governments and states confirms that women can and do emerge as political leaders. Finally, learning about and examining women leaders themselves, their style and substance, proves …

One Salvadoran Mother Was Determined To Bring Her Son To The U.S. Legally— It Took 24 Years, Maggie Veatch

Capstones

Desperate for a better life, Daysi Perla fled violence in El Salvador to provide a better life for her ten-year-old son. She immediately received temporary legal status. But by the time the paperwork for her son was processed, he was 34 years old with a 5-year-old child of his own. This is a story of a broken immigration system, and shows why Salvadorans are now risking their children's lives by bringing them to the U.S.

Link: http://maggieveatch.com/Capstone/

El Caso De Mateo Alemán: La Interaccion Entre El Derecho Y La Literatura En El Informe De La Mina De Mercurio De Almaden Y El Guzman De Alfarache, Cristina Morales Segura

Dissertations, Theses, and Capstone Projects

In 1593, the Judge Mateo Alemán was in charge of inspecting the quicksilver mines of Almadén in Spain to report on the situation of its workers, prisoners of the Crown, and galley men forced to work in the mercury exploitation. After one month of work, the assignment was cancelled, Alemán was forced to retire from his research, and his work was lost in the archives of the Habsburgs. A few years later, in 1598, Alemán published his famous best seller, El Guzmán de Alfarache.

Alemán’s legal Report, finally found and published in 1966 by Germán Bleiberg, is a narrative text …

Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu

Dissertations, Theses, and Capstone Projects

This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20^th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …