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Full-Text Articles in Law

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender May 2018

Radical Social Ecology As Deep Pragmatism: A Call To The Abolition Of Systemic Dissonance And The Minimization Of Entropic Chaos, Arielle Brender

Student Theses 2015-Present

This paper aims to shed light on the dissonance caused by the superimposition of Dominant Human Systems on Natural Systems. I highlight the synthetic nature of Dominant Human Systems as egoic and linguistic phenomenon manufactured by a mere portion of the human population, which renders them inherently oppressive unto peoples and landscapes whose wisdom were barred from the design process. In pursuing a radical pragmatic approach to mending the simultaneous oppression and destruction of the human being and the earth, I highlight the necessity of minimizing entropic chaos caused by excess energy expenditure, an essential feature of systems that aim …


The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin May 2018

The Presbyterian Enlightenment: The Confluence Of Evangelical And Enlightenment Thought In British America, Brandon S. Durbin

Masters Theses, 2010-2019

Eighteenth-Century British American Presbyterian ministers incorporated covenantal theology, ideas from the Scottish Enlightenment, and resistance theory in their sermons. The sermons of Presbyterian ministers strongly indicate the intermixing of enlightenment and evangelical ideas. Congregants heard and read these sermons, spreading these ideas to the average colonist. This combination helps explain why American Presbyterians were so apt to resist British rule during the American Revolution. Protestant covenantal theology, derived from Protestant reformers like John Calvin and John Knox, emphasized virtue and duty. This covenant affected both the people and their rulers. When rulers failed to uphold their covenant with God, the …


A Liberal Analysis Of Religious Exemptions To Public Accommodation Laws, Michael David Doering May 2018

A Liberal Analysis Of Religious Exemptions To Public Accommodation Laws, Michael David Doering

Theses and Dissertations

In 2015, the United States Supreme Court effectively made same-sex marriage legal throughout the country. Writing for the majority, Justice Kennedy opined that not extending marriage equality to same-sex couples violated both their autonomy and their right to equal dignity under the law. Three years earlier, a same-sex couple visited Masterpiece Cakeshop, a bakery in Colorado, and requested that the owner design and create a cake to celebrate their same-sex wedding. The owner declined, advising the couple that he did not provide wedding cakes for same-sex weddings due to his religious beliefs. He was found guilty of violating the Colorado …


On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes May 2018

On The Politics And Conceptualization Of Gender Non-Conformity : Exploring Thailand’S Kathoey Population., Macey E. Mayes

College of Arts & Sciences Senior Honors Theses

The purpose of this thesis is to investigate the politics and conceptualization of gender in Thailand, drawing specifically on the Thai understanding of sex and gender with regard to the kathoey population. This work considers the solidification of a third-gender category and looks to the ways this solidification can inhibit the fluidity of gender and sexuality. It also analyzes the dangers of transnational advocacy and the superimposition of Western queer advocacy and theory on Thai gender identities. I approach this issue from an interdisciplinary framework that seeks to include historical, cultural, and theoretical perspectives. In examining anthropological research, critiques of …


The“Specialness” Of Religious Conscience: An Egalitarian Response, Joseph Marsden Dunne Jan 2018

The“Specialness” Of Religious Conscience: An Egalitarian Response, Joseph Marsden Dunne

Wayne State University Dissertations

Religion is often singled out for special legal treatment in Western societies. This is certainly true in the United States where religion enjoys a special place in the First Amendment to the Constitution via the Free Exercise and Establishment Clauses. Through Free Exercise guarantees, for example, the Supreme Court held in Wisconsin v. Yoder that Amish children were entitled to an exemption from compulsory school attendance laws after the eighth grade, emphasizing that this was a uniquely religious exemption that did not apply to everyone. Moreover, those conscientiously objecting to contemporary vaccination laws may find themselves with varying protections depending …


No Common Ground: Competing Worldviews At Mato Tipila, Wendy Anne Felese Jan 2018

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 …