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Articles 31 - 60 of 1796
Full-Text Articles in Law
Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives
Logan, Leland Hallowell, 1905-1980 (Mss 744), Manuscripts & Folklife Archives
MSS Finding Aids
Finding aid only for Manuscripts Collection 744. Correspondence and papers of Bowling Green, Kentucky attorney Leland H. Logan. Includes some personal material regarding his law practice and draft status, diaries for 1944 and 1945, and a small group of files representing his legal work, especially for the Home Owners’ Loan Corporation.
Vox And Spanish Nationalism: The Constitutional Processes For The Elimination Of Regional Autonomy, Noah Halterman-Mitchell
Vox And Spanish Nationalism: The Constitutional Processes For The Elimination Of Regional Autonomy, Noah Halterman-Mitchell
Independent Study Project (ISP) Collection
After the death of Francisco Franco and the creation of the modern Spanish State, hard-core right-wing Spanish nationalism disappeared from the political spectrum. Spain and Portugal avoided the lure of far right-wing political tendencies to which the rest of Europe fell victim. Until recently, VOX, a far right-wing party, gained seats in Parliaments at the Autonomous Community level and in the Spanish National Parliament.
VOX believes in a mono-national state, a Spanish State, rather than a state composed of different nationalities such as Basque, Catalan, or Galician. In order to achieve their desired vision of the Spanish State, VOX advocates …
Ley N° 26.160: Su Implementación Y Efectos En La Lucha Por La Recuperación Territorial Mapuche En Las Provincias De Neuquén Y Río Negro (2006 - Presente), Noura Lamb
Independent Study Project (ISP) Collection
En 2006, la Ley de Emergencia Indígena, Ley N° 26.160, fue aprobado por el Congreso de la Nación de Argentina para detener los desalojos de las comunidades indígenas y crear relevamientos técnicos-jurídicos-catastrales a través del Instituto Nacional de Asuntos Indígenas (INAI). La implementación de esta ley ha variado entre provincias ya que depende del sistema gobierno provincial para su realización, y como resultado de la falta de finalización del relevamiento, se ha extendido 4 veces. Este proyecto utiliza un análisis de documentos públicos, informes, medios de comunicación y entrevistas personales para investigar cómo la implementación de la ley difiere entre …
Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law
Bristol And Newport And The Transatlantic Slave Trade 09-01-2022, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon
The Politics Of The Self: Psychedelic Assemblages, Psilocybin, And Subjectivity In The Anthropocene, Joshua Falcon
FIU Electronic Theses and Dissertations
This dissertation examines how psychedelic substances become drawn into particular sociohistorical and political arrangements, and how psychedelic experiences with psilocybin ‘magic mushrooms’ are used as tools of subjectivation. Guided by literatures in philosophy, critical theory, and the social sciences that focus on subjectivity, assemblage theory, and critical posthumanism, I argue that psychedelics are drawn into variegated assemblages, each of which conceptualizes the nature of psychedelics in highly specific ways that reflect implicit conceptions of the world and the self. In developing the concept of psychedelic assemblages, this research provides a window onto the politics of the self in the Anthropocene. …
Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross
Forgotten Immigrant Voices: West Indian Immigrant Experiences And Attitudes Towards Contemporary Immigration, Danielle Cross
Honors Scholar Theses
Scholarly work and media coverage both point to the negative effect that the rhetoric and policy of former US President Donald Trump had on the lived experience and wellbeing of immigrant groups explicitly targeted by it (i.e., the “Trump effect”). Typically, the focus has been on Muslim and Latino immigrants as well as those less-explicitly targeted but still affected by Trump-era policies, such as temporary workers. This thesis explores whether Black immigrants from the English-speaking Caribbean, a group notably missing from the literature of “Trump effects” on immigrant experiences, experienced similar attitudinal or practical effects as a result of contemporary …
Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Blog (May 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law
Law Library Newsletters/Blog
No abstract provided.
As Seen On Screen: American Ambivalence Shown Through Death Penalty And Vigilante Films, Lisette Donewald
As Seen On Screen: American Ambivalence Shown Through Death Penalty And Vigilante Films, Lisette Donewald
Honors Scholar Theses
The United States is one of the last western nations still practicing capital punishment. A history of and commitment to vigilantism and its ideals offers an explanation of America’s retention of capital punishment. Employing scholarship on law and popular culture and vigilantism, this thesis finds that pro-death penalty frames are prevalent in vigilante films while anti-death penalty frames are prevalent in films that focus specifically upon capital punishment. Since the 1960’s however, there has been a gradual shift towards anti-death penalty frames and away from pro-death penalty frames as well as changes in the themes presented in the two genres …
The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson
The Consent Of The Governed: Constitutionalism Of The Levellers And Its Influence On Anglo-American Political Discourse, Nathan B. Gilson
Doctoral Dissertations and Projects
More fully understanding the Levellers suggests a new framework for understanding Anglo-American constitutionalism and jurisprudence. There was a logical progression in their constitutional thought, by which the exigent developments of the 1640s conflict continually pushed the Levellers to articulate new constitutional propositions. It eventually led them to a fully developed contractual theory for the origins of society based on the continuing consent of the People, including the rights to revolution and resistance, within a natural rights framework. The Levellers argued for limitations on the sovereignty of the government by the People, as opposed to the position of the Monarchists, Independents, …
Terrible Terrell: The Forgotten Story Of Carolyn Daniels, Olivia Moll
Terrible Terrell: The Forgotten Story Of Carolyn Daniels, Olivia Moll
History & Classics Student Scholarship
Olivia Moll ’22
Major: History
Faculty Mentor: Dr. Alyssa Lopez, History and Classics
My thesis explores the participation of black women in the Civil Rights Movement, more specifically the contribution from Carolyn Daniels. Daniels is a mother and SNCC activist from Terrell County, and her story has yet to be told. I am here to tell Daniels’s story; her success towards the SNCC voting registration project that took place in the summer of 1962. The beauty of the Civil Rights Movement is that everyone’s story and activism matters, especially the story of women.
A “Hired Girl” Testifies Against The “Son Of A Prominent Family”: Bastardy And Rape On The Nineteenth-Century Nebraska Plains, Donna Rae Devlin
A “Hired Girl” Testifies Against The “Son Of A Prominent Family”: Bastardy And Rape On The Nineteenth-Century Nebraska Plains, Donna Rae Devlin
Department of History: Faculty Publications
In Red Cloud, Nebraska, in 1887, Anna “Annie” Sadilek (later Pavelka) pressed bastardy charges against the “son of a prominent family,” even though she could have, according to her pretrial testimony, pressed charges for rape. To the literary world, Sadilek is better known as Ántonia Shimerda, the powerful protagonist in Willa Cather’s 1918 novel, My Ántonia. However, it is Sadilek’s real-life experience that allows us to better understand life on the Nebraska Plains, specifically through an examination of the state’s rape laws and the ways these laws were subsequently interpreted by the courts. The Nebraska Supreme Court, between 1877 …
Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone
Yahweh’S Benevolence Vs. Anat’S Malevolence: A Comparative Analysis Of Judges 4–5 And Col Ii 1–Col Iii 2, Michaela Misantone
Senior Honors Theses
The actions of ancient Near Eastern warrior gods are often depicted as acts of vengeance, greed, and brutality, serving selfish ambition and never-ending power struggles. These gods and their warfare ethic dominated the worldview of the ancient world in which the events of the Old Testament took place. The actions of the Hebrew God are often included, even emphasized, in discussions of ancient divine warfare today. There are supposed similarities between the actions of war gods like Anat from the Ugaritic pantheon and those of Yahweh from ancient Israel. Unfortunately, this has led to the present-day belief that the God …
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Fair Construction To Living Constitution: Analyzing Constitutional Interpretation Throughout United States History, Joshua Lloyd
Senior Honors Theses
The proper method of constitutional interpretation has been debated throughout the history of the Supreme Court. This debate has been defined by the tension between the originalist and living constitution jurisprudences. Each has been dominant at one point in United States history. A fair construction jurisprudence was almost universally utilized by the Supreme Court to interpret the Constitution according to its original meaning until Plessy v. Ferguson. Then, due to an alliance between evangelicals and progressive scholars, a broader, more lenient living constitution jurisprudence developed which allowed justices to interpret the Constitution in light of changing social norms. Finally, …
The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger
The Influence Of The Thirty-Six Stratagems On Chinese Strategy In The Diaoyu Islands, Brent Schuliger
Senior Honors Theses
The Diaoyu Islands are a small, uninhabited archipelago in the East China Sea which has begun increasing in strategic significance due to its advantageous location near Taiwan and along the First Island Chain. The islands are currently under Japanese administration, but the People’s Republic of China considers them historically Chinese and contests Japan’s claim to the islands. A careful examination of China’s actions in challenging Japan’s rule over the Diaoyus reveals the influence of the Thirty-Six Stratagems, a tome of ancient Chinese military wisdom which provides a framework onto which China’s current strategy corresponds. This thesis examines the historical …
A Policy Brief On The Civil Rights Act Of 1964 In The Pubh 5110, Kendra L. Yokley
A Policy Brief On The Civil Rights Act Of 1964 In The Pubh 5110, Kendra L. Yokley
Student Research
No abstract provided.
Semi-Presidential Executive Branch Institutionalization And Personalization Under Cuba's 1940 Constitution, Daniel Pedreira
Semi-Presidential Executive Branch Institutionalization And Personalization Under Cuba's 1940 Constitution, Daniel Pedreira
FIU Electronic Theses and Dissertations
The ratification of Cuba’s Constitution of 1940 ushered hopes for democratic stability, most notably through the implementation of a semi-presidential system. Innovative for its time, semi-presidentialism sought to reduce the “perils of presidentialism” that plagued the early decades of the Cuban Republic. Yet, over the next two decades, the Cuban Republic declined and fell as it devolved into authoritarianism and totalitarianism.
This study analyzes the extent to which Cuba’s executive branch was institutionalized or personalized under the 1940 Constitution. Taking a close look at the presidential administrations of Fulgencio Batista Zaldívar (1940-1944, 1952-1954, and 1954-1959), Ramón Grau San Martín (1944-1948), …
A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski
A Call For The Library Community To Deploy Best Practices Toward A Database For Biocultural Knowledge Relating To Climate Change, Martha B. Lerski
Publications and Research
Abstract
Purpose – In this paper, a call to the library and information science community to support documentation and conservation of cultural and biocultural heritage has been presented.
Design/methodology/approach – Based in existing Literature, this proposal is generative and descriptive— rather than prescriptive—regarding precisely how libraries should collaborate to employ technical and ethical best practices to provide access to vital data, research and cultural narratives relating to climate.
Findings – COVID-19 and climate destruction signal urgent global challenges. Library best practices are positioned to respond to climate change. Literature indicates how libraries preserve, share and cross-link cultural and scientific knowledge. …
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Back To The Sources? What’S Clear And Not So Clear About The Original Intent Of The First Amendment, John Witte Jr.
Faculty Articles
This Article peels through these layers of founding documents before exploring the final sixteen words of the First Amendment religion clauses. Part I explores the founding generation’s main teachings on religious freedom, identifying the major principles that they held in common. Part II sets out a few representative state constitutional provisions on religious freedom created from 1776 to 1784. Part III reviews briefly the actions by the Continental Congress on religion and religious freedom issued between 1774 and 1789. Part IV touches on the deprecated place of religious freedom in the drafting of the 1787 United States Constitution. Part V …
Of Rights And Regulation, Stephen W. Sawyer, William J. Novak
Of Rights And Regulation, Stephen W. Sawyer, William J. Novak
Book Chapters
This chapter explores the development of social provisioning as a matter not of right but of democratic administration in France and the United States in the nineteenth century. The authors take issue with conventional chronologies of rights development, which see civil and political rights being developed in the eighteenth and nineteenth centuries, with social rights appearing in the twentieth. Such categories and sequencing obscure the ways in which democratic administrations took the problem of social provisioning seriously. A history of socio-economic rights cannot be distinguished from the less formal technologies of socio-economic regulation that were an integral part of the …
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
The Runaway Presidential Power Over Diplomacy, Jean Galbraith
All Faculty Scholarship
The President claims exclusive control over diplomacy within our constitutional system. Relying on this claim, executive branch lawyers repeatedly reject congressional mandates regarding international engagement. In their view, Congress cannot specify what the policy of the United States is with respect to foreign corruption, cannot bar a technology-focused agency from communicating with China, cannot impose notice requirements for withdrawal from a treaty with Russia, cannot instruct Treasury officials how to vote in the World Bank, and cannot require the disclosure of a trade-related report. And these are just a few of many examples from recent years. The President’s assertedly exclusive …
Towards A Psychological Science Of Abolition Democracy: Insights For Improving Theory And Research On Race And Public Safety, Cynthia J. Najdowski, Phillip Atiba Goff
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 …
Introduction To The Bremer-Kovacs Collection: Historic Documents Related To The Administrative Procedure Act Of 1946 (Heinonline 2021), Emily S. Bremer, Kathryn E. Kovacs
Introduction To The Bremer-Kovacs Collection: Historic Documents Related To The Administrative Procedure Act Of 1946 (Heinonline 2021), Emily S. Bremer, Kathryn E. Kovacs
Journal Articles
Few statutes have a legislative history as rich, varied, and sprawling as the Administrative Procedure Act of 1946 (APA). In recent years, courts and scholars have shown increased interest in understanding this history. This is no mean feat. The APA’s history spans nearly two decades, and it includes numerous failed bills, a presidential veto, and a full panoply of congressional documents. In addition, much of the most crucial documentation underlying the APA was produced outside of Congress—by the executive branch—and even outside of government—by the American Bar Association. Identifying and locating all the relevant documents is difficult. Understanding each piece …
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
FORCES Initiative: Strategy, Security, and Social Systems
This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."
Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp
Addressing The Divisions In Antitrust Policy, Herbert J. Hovenkamp
All Faculty Scholarship
This is the text of an interview conducted in writing by Professor A. Douglas Melamed, Stanford Law School.
Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson
Roots Of Justice: Historical Truth And Reconciliation In Lincoln And Nebraska, Veronica Nohemi Duran, Crystal Dunning, Kathleen A. Johnson, Paul Olson
Truth and Reconciliation History Project
A bibliography of resources about the history in Nebraska of Native Americans, African Americans, Latinos, Asian Americans and Recent Refugees
We hope that these five bibliographies will prove fruitful in helping us to understand what our history has been, where we have gone astray, and what we can do to help bring about reconciliation in our community and in our state.
The discovery of what has happened in Nebraska in the last hundred and seventy years is not an easy task, but it is our goal in putting together this bibliography to begin that task. By putting together a picture …
The Right To Participate In And Enjoy The Benefits Of Scientific Progress And Its Applications: A Conceptual Map, Andrea Boggio
The Right To Participate In And Enjoy The Benefits Of Scientific Progress And Its Applications: A Conceptual Map, Andrea Boggio
History and Social Sciences Faculty Journal Articles
The last generation experienced extraordinary progress in science and technology. Scientific and technological progress is now increasingly seen as essential in addressing the pressing global challenges we face as a human civilization. These advancements have led international organizations, scholars, and practitioners to pay increasing attention to the right to participate in and enjoy the benefits of scientific progress and its applications or, as it is often referred to, “the human right to science.”
When adequately parsed, the “right to science” contains three distinct but interrelated clusters of rights (first-level rights): rights to scientific progress; rights to participate in scientific progress; …
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Biden Administration U.S. Space Force Policy Literature, Bert Chapman
Libraries Faculty and Staff Presentations
Provides details on U.S. Space Force policy literature produced by the Biden Administration during its first eight months. Includes announcements that the Biden Administration will continue this new armed services branch begun during the Trump Administration. Features congressional testimony of Biden Administration officials such as Secretary of Defense Lloyd Wilson and Air Force Space Command leader General James Dickinson, the text of Space Force's 2021 Digital Force Vision document, congressionally approved FY 2022 space force budget figures, congressional committee comments and report requirements contained in emerging defense spending legislation, the emergence of collaboration between Space Force and universities such as …
A Day At The Races In Black And White: How An 1898 Horse Race Led To A Whipping, A Lawsuit, And A 1901 Arrest, John A. Drobnicki
A Day At The Races In Black And White: How An 1898 Horse Race Led To A Whipping, A Lawsuit, And A 1901 Arrest, John A. Drobnicki
Publications and Research
After losing an 1898 horse race in the Bronx, New York, African-American jockey Alonzo ‘Lonnie’ Clayton, who had won the Kentucky Derby in 1892 at the age of fifteen, heard an insult from the crowd along the rail and struck a white spectator from Brooklyn across the face with his riding whip. The blow resulted in a two hundred dollar fine by the track stewards, but ultimately led to a civil trial, a financial judgment against Clayton that he ignored, and then an arrest and incarceration for non-payment of the judgment, which some writers mistakenly still claim was for race-fixing. …
Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa
Inamori International Thesis Prize In Military Ethics 2019 | 2020 - Front Matter And Message From The Editors, Shannon E. French, Beth Trecasa
The International Journal of Ethical Leadership Special Volumes
The Inamori International Center for Ethics and Excellence awards an annual prize for the best thesis in military ethics to promote active involvement in the study and application of military ethics, including: Just War Theory; the Conduct of War; the Law of Armed Conflict (LOAC); International Humanitarian Law (IHL); and other related fields that include the study of human rights issues in the context of armed conflict.
In an effort to foster global discussion of pressing issues in military ethics and improve the accessibility of the field in languages other than English, the Inamori Center publishes the winning theses, in …
Just War Traditions And Revisions, Joseph Chapa
Just War Traditions And Revisions, Joseph Chapa
The International Journal of Ethical Leadership Special Volumes
No abstract provided.