Law Commons^™

Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko

Electronic Theses and Dissertations

Tasmanian-born Peter Sculthorpe (1929 – 2014) was one of Australia’s most iconic modernist classical composers of the twentieth century. Kakadu (1988) seems to have sparked the most controversy of Sculthorpe’s works and has become one of his most well-known pieces. In the program notes provided in the score’s foreword, Sculthorpe asserts that “the melodic material in Kakadu, as in much of my recent music, was suggested by the contours and rhythms of Aboriginal chant.” Sculthorpe attributed this melodic material to the Arnem Land chant, Djilile. Consequently, Sculthorpe has been criticized for extracting Djilile from its authentic context as …

Golan V Holder’S Impact On Orchestra Performance Programming: Annotated Bibliography, Craig M. Winston

Musicology and Ethnomusicology: Student Scholarship

This project will examine how changes in copyright law enacted with the Supreme Court’s 2012 decision on Golan v Holder affect the performance programming of American symphony orchestras. The court’s decision brought many previously public-domain, foreign works under copyright protections in accordance with the Uruguay Rounds Agreement Act; among the musical works were frequently performed pieces by composers such as Prokofiev, Rachmaninoff, and Stravinsky. The result is that previously free or low-cost works would now have to be licensed or rented for performance at great expense to the performing group. I will seek to test a hypothesis proposed by legal …

Movement And Countermovement Dynamics Between The Religious Right And Lgb Community Arising From Colorado’S Amendment 2, Lauren L. Yehle, Joshua C. Wilson, Nancy D. Wadsworth, Susan Schulten

DU Undergraduate Research Journal Archive

This sample of the case study of Equality Colorado will demonstrate how counter movements and litigation may limit and change how an organization surrounding a social movement acts. Colorado for Family Values helped pass Colorado’s Amendment 2 in 1992, which limited any present and future anti-discrimination legislation that would protect sexuality as a class. This ballot initiative passed by 53% of Colorado voters, and other states like Idaho and Oregon attempted to replicate this type of initiative. Amendment 2 challenged the LGB community and compelled the movement to collectively respond to the religious right with coalitions, pooled resources, and litigation. …

Antitrust In Times Of Information Technology: An Analysis Of Big Tech Monopoly Cases, Shamayeta Rahman

Electronic Theses and Dissertations

The information technology industry is one of the most rapidly growing yet concentrated markets existing today. Big Tech monopolies and their increasingly anticompetitive behavior posits risks for competition, technological innovation and consumer welfare. This ranges from price discrimination, limiting consumer choices to the unethical use of data. The particular nature of information technology, with its network effects and negligible marginal costs, incentivizes and facilitates predatory market practices making antitrust analysis in this industry extremely complex. Certain schools of antitrust thought are more sensitive (namely the post-Chicago school) to these implications than others, though antitrust application is still lacking in both …

Critiquing Atomistic Individualism In Law: Rosenzweig's Beloved Soul As Open And Relational Subject, Lilith Zoe Cole

Electronic Theses and Dissertations

Positioned as a critique of rights-based justice, this project critically rethinks the American system of law by rooting its failures in its philosophical anthropology of atomistic individualism grounded in Locke, and recommends replacing that anthropology with an anthropology inspired by Franz Rosenzweig's The Star of Redemption. In particular, the project explores how Rosenzweig's "beloved soul" invites us to understand human individuality as open and relational, which might help pivot the law away from its current myopic focus on rights-based justice and the often unjust zero-sum modality that rights-based justice produces. Rooting law in open and relational individuality rather than Lockean …

No Common Ground: Competing Worldviews At Mato Tipila, Wendy Anne Felese

Electronic Theses and Dissertations

This project analyzes a legal conflict (Bear Lodge Multiple Use Assn v Babbitt 2 F. Supp. 2d 1448) at Mato Tipila, a significant place for the Lakota (Sioux) community and with which they have a historical and longstanding relationship. Commercial and recreational rock-climbing enthusiasts who make use of it and the tourists who arrive in droves each year to visit, call this place Devils Tower. The case centered on whether the government violated the Establishment Clause of the First Amendment by instituting a climbing ban during the month of June to accommodate Lakota ceremonial obligations. In recent historical developments, the …

Confronting “Indivisibility” In The History Of Economic And Social Rights: From Parity To Priority And Back Again, Roland Burke

Human Rights & Human Welfare

A review of:

Indivisible Human Rights. By Daniel Whelan. Philadelphia: University of Pennsylvania Press. 2010. 269pp.

Joyce Apsel On The Oxford Handbook Of Genocide Studies. Edited By Donald Bloxham & A. Dirk Moses. New York, Ny: Oxford University Press, 2010. 675pp., Joyce Apsel

Human Rights & Human Welfare

A review of:

The Oxford Handbook of Genocide Studies. Edited by Donald Bloxham & A. Dirk Moses. New York, NY: Oxford University Press, 2010. 675pp.

Feminism And Democracy, Louis Edgar Esparza

Human Rights & Human Welfare

After work on December 1, 1955 in Montgomery, Alabama, Rosa Parks walked onto a bus that was to take her home that night. She ended up on a trip to jail instead, for refusing to give her seat to a white passenger. The event triggered resistance to bus segregation, the founding of the Montgomery Improvement Association, and the election of the then-unknown Dr. Martin Luther King as its leader. The success of the campaign is an integral battle in our historical retellings of the US African American Civil Rights Movement. Fewer recount the sexual harassment against black women by white …

Human Trafficking And Minorities: Vulnerability Compounded By Discrimination, Heidi Box

Human Rights & Human Welfare

Human trafficking is an extreme human rights violation that impacts all populations across the globe and is characterized by force, fraud, and coercion intended for exploitation (Palermo Protocol 2000). Currently, human trafficking research is particularly limited by non-standard terminology and a clandestine research population. While estimates of the number of trafficked persons vary widely and are notoriously unsubstantiated, we can still arrive at some conclusions regarding the overall number of trafficked persons. One low estimate suggests that in 2005, at least 2.4 million people had been trafficked into forced labor situations and approximately 12.3 million people were victims of forced …

Guy Lancaster On Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 Pp., Guy Lancaster

Human Rights & Human Welfare

A review of:

Genocide: A Normative Account. By Larry May. Cambridge: Cambridge University Press. 2010. 283 pp.

The Irony Of Refuge: Gender-Based Violence Against Female Refugees In Africa, Liz Miller

Human Rights & Human Welfare

The Sudanese soldiers and the Janjawid invaded her village. When she tried to escape, they gang-raped her. At that time, she was eight months pregnant and described giving birth to a dead baby afterward and being very sick. She could not make it with her group to the border to flee to Chad so she had to walk alone. Once she got to Chad, she was raped by a Chadian soldier outside of the camp and became pregnant. Afterwards, her husband divorced her, and she now lives with the stigma of being a rape victim. She has been expelled from …

Indigenous Political Participation: The Key To Rights Realization In The Andes, Stephanie Selekman

Human Rights & Human Welfare

"There is no way back, this is our time, the awakening of the indigenous people. We'll keep fighting till the end. Brother Evo Morales still has lots to do, one cannot think that four years are enough after 500 years of submission and oppression,” said Fidel Surco, a prominent indigenous leader, reflecting on Bolivia’s first indigenous president entering his second term (Carroll & Schipani 2009).

The Andean region is particularly appropriate for examining indigenous political rights because 34-40 million indigenous people reside mostly in this region. The actualization of human rights for Andean indigenous groups is an inherently complex issue, …

Donald W. Jackson On Prisoners Of America’S Wars: From The Early Republic To Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp., Donald W. Jackson

Human Rights & Human Welfare

A review of:

Prisoners of America’s Wars: From the Early Republic to Guantanamo. By Stephanie Carvin. New York: Columbia University Press, 2010. 336pp.

David P. Forsythe And Charles J. Mach On Empire Of Humanity: A History Of Humanitarianism. By Michael Barnett. Ithaca, Ny: Cornell University Press, 2011. 312pp., David P. Forsythe, Charles J. Mach

Human Rights & Human Welfare

A review of:

Empire of Humanity: A History of Humanitarianism. By Michael Barnett. Ithaca, NY: Cornell University Press, 2011. 312pp.

Human Rights And The Search For Common Ground: A Comparative Study Of Islamic And Christian Thought, Joseph Prud'homme

Human Rights & Human Welfare

A review of:

Common Ground: Islam, Christianity, and Religious Pluralism. By Paul Heck. Washington, DC: Georgetown University Press. 2009.

Latin America’S Indigenous Women, Courtney Hall

Human Rights & Human Welfare

Latin America’s indigenous women are as diverse as the land they inhabit. Their uniqueness is shaped by belonging to groups that have their own distinct history, traditions, and identity. Yet despite this diversity, indigenous women confront the same human rights challenges: racial, gender, and socio-economic discrimination. Without ignoring the diversity of indigenous women, a better understanding of their fundamental struggles can be gained by weaving these issues together in a comprehensive narrative.

Untouchability Today: The Rise Of Dalit Activism, Christine Hart

Human Rights & Human Welfare

On July 19, 2010, the Hindustan Times reported that a Dalit (“untouchable”) woman was gang-raped and murdered in the Indian state of Uttar Pradesh. The crime was an act of revenge perpetrated by members of the Sharma family, incensed over the recent elopement of their daughter with a man from the lower-caste Singh family. Seeking retributive justice for the disgrace of the marriage, men from the Sharma family targeted a Dalit woman who, with her husband, worked in the Singh family fields. Her death was the result of her sub-caste status; while the crime cost the Singh family a valuable …

Security Now: Addressing The Needs Of Darfur’S Children, Nicole Judd

Human Rights & Human Welfare

In the Darfur region of Sudan, over 2.3 million children have been affected by the ongoing genocide (UNICEF 2008). Unlike their adult counterparts, children are impacted more severely by the consequences of warfare as they are undergoing a fragile developmental process. While each one of the affected children has had their basic human rights violated in some form, the narrative of trauma differs between groups. Sexually-exploited girls, boy soldiers, unaccompanied children, and those who remain in under-resourced camps have experienced the protracted violence in unique ways. To mitigate the effects of war, each group should receive individualized humanitarian assistance as …

Peeking Out From Behind The Curtain, Ian Reese

Human Rights & Human Welfare

Absconded by airport security to middle-of-nowhere Russia, Nikolai Alexeyev sat for several days in early September 2010 unaware of his infractions or of his fate. Like a page from a Cold-War spy novel, the point of his abduction was to terrorize; Alexeyev’s abductors psychologically tortured and berated him with homophobic remarks. Nikolai Alexeyev is the leading gay rights activist in Russia and has been a twisting thorn in the side of local and national government for several years. Upon his release, he resolved to agitate further by leading a public demonstration to boycott the Swiss International Air Lines for its …

Combating Discrimination Against The Roma In Europe: Why Current Strategies Aren’T Working And What Can Be Done, Erica Rosenfield

Human Rights & Human Welfare

In the summer of 2010, the forced expulsion of many Roma from Western to Eastern Europe captured headlines and world attention, yet this practice simply represented the latest manifestation of anti-Roma sentiment in Europe. Indeed, the Roma—numbering over ten million across Europe, making them the continent’s largest minority—face discrimination in housing, education, healthcare, employment, and law enforcement; widespread prejudice against this group shows no evidence of receding. There is, however, certainly no shortage of national and supranational policies aiming to promote inclusion and equality for the Roma.

Women In Afghanistan: A Human Rights Tragedy Ten Years After 9/11, Hayat Alvi

Human Rights & Human Welfare

Ten years after the September 11th attacks in the United States and the military campaign in Afghanistan, there is some good news, but unfortunately still much bad news pertaining to women in Afghanistan. The patterns of politics, security/military operations, religious fanaticism, heavily patriarchal structures and practices, and ongoing insurgent violence continue to threaten girls and women in the most insidious ways. Although women’s rights and freedoms in Afghanistan have finally entered the radar screen of the international community’s consciousness, they still linger in the margins in many respects.

Socio-cultural and extremist religious elements continue to pose serious obstacles to reconstruction …

April Roundtable: Genocide And Us National Interests Introduction

Human Rights & Human Welfare

An annotation of:

“How Genocide Became a National Security Threat” by Michael Abramowitz & Lawrence Woocher. Foreign Policy. February 26, 2010.

Barb Rieffer-Flanagan On Muslims In Global Politics: Identities, Interests, And Human Rights. By Mahmood Monshipouri. Philadelphia: University Of Pennsylvania Press, 2009. 325pp., Barb Rieffer-Flanagan

Human Rights & Human Welfare

A review of:

Muslims in Global Politics: Identities, Interests, and Human Rights. By Mahmood Monshipouri. Philadelphia: University of Pennsylvania Press, 2009. 325pp.

Amazigh Legitimacy Through Language In Morocco, Sarah R. Fischer

Human Rights & Human Welfare

Contemporary Morocco rests at a geographic and developmental crossroads. Uniquely positioned on the Northwestern tip of Africa, Morocco is a short distance away from continental Europe, cradled between North African tradition and identity, and Western embrace. The landscape is varied: craggy mountains trail into desert oases; cobbled streets of the medina anchor the urban centers; mud homes dot the rural countryside. Obscured from the outside observer, behind the walls of the Imperial cities and between the footpaths of village olive groves, Morocco’s rich and diverse Arab and Amazigh cultures and languages circle one another in a contested dance. Morocco’s identity …

Persecution Of Coptic Christians In Modern Egypt, Alla Rubinstein

Human Rights & Human Welfare

The Christian community of Egypt dates back to the seventeenth century and comprises 12 per cent of the population today. As one of the oldest churches of the world, the Coptic Christian Church, first formed in Alexandria, has stood resilient and faithful to its traditions against intolerance, siege and persecutions. Having been present in most institutions of the state among the overwhelmingly Sunni-Muslim population, Copts are not new to the slow process of Islamization that Egypt has been undergoing for the last twenty years. What has been unique to the recent Coptic experience is the forced integration of Shari’a law …

Bedouin Women In The Naqab, Israel: Ongoing Transformation, Marcy M. Wells

Human Rights & Human Welfare

Since its inception in 1948, the state of Israel has based development plans on an agenda of nation-building that has systematically excluded Palestinian Arab citizens such as the indigenous Bedouin. Policies of relocation, resettlement, and restructuring have been imposed on the Bedouin, forcing them from their ancestral lands and lifestyle in the Naqab (or Negev, as it is called in Hebrew) desert of southern Israel. The rapid and involuntary transition from self-sufficient, semi-nomadic, pastoral life to sedentarization and modernization has resulted in dependency on a state that treats the Bedouin as minority outsiders through unjust social, political, and economic structures. …

Dying For Love: Homosexuality In The Middle East, Heather Simmons

Human Rights & Human Welfare

Today in the United States, the most frequent references to the Middle East are concerned with the War on Terrorism. However, there is another, hidden battle being waged: the war for human rights on the basis of sexuality. Homosexuality is a crime in many of the Middle Eastern states and is punishable by death in Sudan, Saudi Arabia, Yemen, Qatar, Kuwait, and Iran (Ungar 2002). Chronic abuses and horrific incidences such as the 2009 systematic murders of hundreds of “gay” men in Iraq are seldom reported in the international media. Speculation as to why this population is hidden includes the …

Political Repression And Islam In Iran, Amy Kirk

Human Rights & Human Welfare

Signs with the slogan, ‘I am Neda’, flooded the streets of Tehran in the violent aftermath of the 2009 presidential elections and assassination of Neda Agha-Soltan. The internationally publicized video of Neda’s death became an iconic rallying point for the reformist opposition in Iran. Stringent clampdowns since the 1979 revolution have signified a sociopolitical change that has endured for three decades. President Khatami’s reform efforts of the late 1990s were stifled by Ahmadinejad’s election of 2005. Since Ahmadinejad’s appointment there has been little official tolerance for political and fundamental Islamic dissent, leading to serious human rights violations against the reformist …

Necessary Fictions: Indigenous Claims And The Humanity Of Rights, Peter Fitzpatrick

Human Rights & Human Welfare

To begin, not propitiously. When checking whether my title ‘Necessary Fictions’ was being used elsewhere, Google revealed that it was going to be used in a future talk, and by me. It transpired mercifully that this use was going to be quite different to the present which suggested the prospect of a new academic genre: same title, different paper; rather than the standard combination of same paper, different title. Fortuitously, that contrast gave me the leitmotiv for this talk – that things ostensibly the same can be different, and that things ostensibly different can be the same.

© Peter Fitzpatrick. …