Law Commons^™

Genetic Freedom Of The Seas In The Age Of Extractivism: Marine Genetic Resources In Areas Beyond National Jurisdiction, Irus Braverman

Contributions to Books

Areas beyond national jurisdiction are the largest environment on earth and marine genetic resources are its new, and perhaps final, frontier. It is no wonder, then, that the scope and protection of marine genetic resources in this oceanic space have been hotly contested and that a new doctrine for ocean governance has been coined in this context: mare geneticum. This chapter examines different definitions of marine genetic resources debated in the ongoing treaty negotiations over areas beyond national jurisdiction (the BBNJ), the conflicting interests involved, and how the law-science relationship has figured in these debates. Ultimately, many of the debates …

Amphibious Legal Geographies: Toward Land–Sea Regimes, Irus Braverman

Contributions to Books

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the juridical thinking that has enshrined the land/sea divide into contemporary governmental infrastructures, disciplinary traditions, and regulatory apparatuses, and charts the disastrous implications that such a legal fixation on the land/sea binary has wrought on human and other-than-human lifeworlds. As the collection proceeds, a second broad theme emerges, building on the first: when one rethinks the abstraction of law as played out on the ground, the “ground” itself shifts and fundamental divisions between land and sea that serve as the …

Othering In Immigration Laws, Andrea Wright, Quenten Jackson, Cesar Raymundo

Immigration Scholarship: History, Trends and Development in Global Immigration

The ethical wrongs in immigration laws severely impact what it means to be an immigrant American citizen. The Hispanic and Latino groups experience “citizenship” in the United States in a way that portrays them as uneducated and poor criminals, and this paper seeks to understand the reasoning behind this unfair reputation. In order to answer questions of ethics and law, this paper begins with studying the root of othering, regarding immigration in the United States. This research paper investigates the evolution of race-based exclusion laws in immigration and focuses on the relationship between these exclusion laws and race hierarchy in …

Book Review: Postgenocide: Interdisciplinary Reflections On The Effects Of Genocide, Aldo Zammit Borda

Genocide Studies and Prevention: An International Journal

No abstract provided.

Antitrust Philosophy And Its Impact On Rural Industry, Logan Gary Johnson

Honors Thesis

The United States is a nation steeped in values, and tradition. One of these values has always been the preservation of competition in the pursuit of liberty. The philosophical backing of America’s founding can be traced back to a handful of European thinkers, most notably John Locke. The connection between Locke, America’s founding, and continued struggles with antitrust enforcement are worthy of exploration. Though likely unintentional, rural communities have been left to deal with the impacts of weak antitrust enforcement in a number of key sectors. Chief of which is Agriculture. Consolidation is the new norm, with each stage of …

Against The Death Penalty, Charles Jessup

Student Research Submissions

My thesis is an argument against the death penalty. Given that public support for the death penalty in America is at a half-century low (according to the Pew Research Center), the timing could not be more appropriate to examine the death penalty. This research project had a two-step approach: first, ethical theory-based arguments for and against the death penalty were examined. Following that ethical theory-based examination, real-world statistics were applied to these theories to test where they stand in modern society. The findings contained in this research project point to a clear reality that the death penalty in America is …

The 1994 Federal Crime Bill: An Evaluation Of The Past, Present, And Future Of Its Impact On The Criminal Justice System, Jade R. Philpot

Honors College Theses

The 1994 Violent Crime Control and Law Enforcement Act was signed into law in response to the crack cocaine and crime epidemic of the 1980s. In this thesis I address the major elements of this bill, the racial, financial, and ethical conflicts that arose thereafter, and the reforms that should be implemented today to correct said conflicts.

Sexual Profiling & Blaqueer Furtivity: Blaqueers On The Run, T. Anansi Wilson

The Scholar: St. Mary's Law Review on Race and Social Justice

This article has taken some time to recollect. I have been struggling to find the grammar to communicate a phenomenon that is both central to BlaQueer life and beyond BlaQueer living. This difficulty, the silences, the gaps, the nonsensical and agrammatical nature of this phenomena—that of BlaQueer furtivity, the strict scrutiny of Black life and sexual profiling—are central features not only of this project but of the legal, extralegal and social logics and powers that mark, make and remake BlaQueer folks as always, already furtive, subject to strict scrutiny and necessarily sexual profiling. I have been struggling with whether to …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

Time, The Calendar, And Centralized Power In Japan: Relying On The Research Of Yoshiro Okada, Hiroshi Saito

Japanese Society and Culture

When, why, how, and by whom was “time” combined with “law” in Japan? This paper scrutinizes the issue based on Yoshiro Okada’s research, especially his most important works: Nihon no Koyomi and his thesis “Meiji no Kaireki: ‘Toki’ no chuo shuken-ka.” It is thus possible to understand how the political authorities used the unification of the calendar system to demonstrate their power and to govern the lives of the nation. Thereafter, “time” was used as a fundamental and important standard for judgment in the science of law, legalism, and the rule of law. In this process, “calendar (time) and law” …

Domestic Violence In Immigrant Communities: Case Studies (Polish), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Polish so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

Review Essay: A Contribution To The Debates About Law, Non-Violence, And The Struggle For Democracy, Walter J. Kendall Lll

The Journal of Social Encounters

No abstract provided.

Sticky Situations: Understanding The Law And Life, Krystal Banks

National Youth Advocacy and Resilience Conference

Law and life go hand in hand. Understanding the law and how it connects to life can be an effective tool in teaching youth and adults the value of making good decisions when it comes to life and the law. Sticky Situations places real-world situations in the context of learning how to apply the law and effectively respond to life's sticky situations.

Jacquelyn L. Bridgeman Interview; Oral History Project, Jacquelyn L. Bridgeman, Cristina E. Salazar, Shelby Nivitanont

Wyoming Oral History

Jacquelyn L. Bridgeman, Kepler Professor of Law, Director of School of Culture, Gender & Social Justice.

In this oral history, Professor Bridgeman discuses what it was like to grow up in Laramie, WY, her experience as a woman of color in the legal career field, and her accomplishments as a lawyer, law professor, and magistrate. Professor Bridgeman touches on stories from when President Obama was her professor at University of Chicago Law School, insights into current events in the Wyoming Legislature, and her perspective on diversity recruitment.

Title Ix At 50: Exploring The Impact Of The Law On Cases Of Sexual Misconduct And Participation Equity In Athletics, Erica J. Zonder, Emily J. Houghton

Human Performance Department Publications

June 23, 2022 will mark the 50th anniversary of Title IX; during that time frame there has been a drastic increase in girl’s and women’s participation in sport. There has also been significant political debate and push back to Title IX which has threatened to undermine the impact of the law. Over the last 10 years, Title IX has been synonymous with litigation related to sexual harassment and transgender athlete participation in sport. Additionally, universities have continually sought to cut women’s sports under the guise of budgetary constraints. The purpose of this poster presentation is three-fold: 1) Review recent case …

Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell

Cal Poly Humboldt theses and projects

Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …

Cannibalizing The Constitution: On Terrorism, The Second Amendment, And The Threat To Civil Liberties, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

This article explores the links between internet radicalization, access to weapons, and the current threat from terrorists who have been radicalized online. The prevalence of domestic terrorism, domestic hate groups, and online incitement and radicalization have led to considerable focus on the tension between counterterror efforts and the First Amendment. Many scholars recommend rethinking the extent of First Amendment protection, as well as Fourth, Fifth, and Sixth Amendment protections, and some judges appear to be listening. Yet the Second Amendment has avoided this consideration, despite the fact that easy access to weapons is a necessary ingredient for the level of …

Perspectives Of Religious Faith Leaders On Hate Crime Policies, Alphonso Manns

Walden Dissertations and Doctoral Studies

AbstractPrejudice and discrimination stigmatize members of the lesbian gay bisexual transgender and queer (LGBTQ) community as abnormal, which has been attributed to religious opposition and the exercise of ministerial privileges or religious liberty within the law. Religious organizations may indirectly contribute to the public legal rights of members of the LGBTQ community. But little is known about the perspectives of religious faith leaders (RFLs) and how they influence the development and implementation of pro-equality and hate crime policies. The purpose of this study was to explore the experiences of RFLs from one community in a midwestern state. The narrative policy …

Critical Review Of The Use Of The Rorschach In European Courts, Igor Areh, Fanny Verkampt, Alfred Allan

Research outputs 2014 to 2021

In relation to the admissibility of evidence obtained using projective personality tests arose in F v. Bevándorlási és Állampolgársági Hivatam (2018). The Court of Justice of the European Union has held that an expert’s report can only be accepted if it is based on the international scientific community’s standards, but has refrained from stipulating what these standards are. It appears timely for European psychologists to decide what standards should be applied to determine whether or not a test is appropriate for psycholegal use. We propose standards and then apply them to the Rorschach because it was used in this case …

Mapping Racial Capitalism: Implications For Law, Carmen G. Gonzalez, Athena D. Mutua

Journal Articles

The theory of racial capitalism offers insights into the relationship between class and race, providing both a structural and a historical account of the ways in which the two are linked in the global economy. Law plays an important role in this. This article sketches what we believe are two key structural features of racial capitalism: profit-making and race-making for the purpose of accumulating wealth and power. We understand profit-making as the extraction of surplus value or profits through processes of exploitation, expropriation, and expulsion, which are grounded in a politics of race-making. We understand race-making as including racial stratification, …

Domestic Violence In Immigrant Communities: Case Studies (Hindi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Hindi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

A Workers' Paradise: Re-Integrating Newfoundland Into Colonial American History, Elena Hynes

Electronic Theses & Dissertations

The island of Newfoundland is conspicuous in colonial British and North American histories, most particularly and paradoxically, in its absence, a state of affairs which this study aims to help address. Multiple factors, including a paucity of documentary sources and various historiographic trends, have traditionally contributed to Newfoundland’s marginalization within colonial historical narratives. However, developments in recent years have made Newfoundland’s potential integration into the broader colonial dialogue more feasible including the advent of the Atlantic perspective, the expansion of available sources, and the work of multiple regional historians who have challenged enduring historiographic trends characterizing Newfoundland colonial settlements as …

The Experiences Of Healthcare Workers And Lawyers Engaging In Remote Work, Desha Puri, Tracey L. Adams Dr.

Undergraduate Student Research Internships Conference

This study aims to compare the experiences of healthcare workers and lawyers engaging in remote work during the Covid-19 pandemic. The research poster presents a content analysis of the current research on the experiences of professions in the two fields mentioned above. In engaging in content analysis, the study advances a select number of thematic value codes that effectively characterize the similarities and differences between the two professions. With these thematic values codes, it has been found that the healthcare profession and law profession have had a similar experience working from home. With these similarities and differences, one can propose …

Domestic Violence In Immigrant Communities: Case Studies (Brazilian Portuguese), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Brazilian Portuguese so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the …

Roadblocks To Access: Perceptions Of Law And Socioeconomic Problems In South Africa, Kira Tait

Doctoral Dissertations

My dissertation explores ordinary Black South Africans' perceptions of the law and how these perceptions impact their views of the desirability and appropriateness of appealing to courts when they have problems accessing constitutionally guaranteed services. Specifically, I study why people choose not to use courts to secure access to water, healthcare, education, and housing when it is both legal and possible to do so. Since it transitioned to democracy, South Africa has become one of the leaders of socioeconomic rights protection through courts. It is globally recognized for its progressive constitution buttressed by an expansive system of rights and a …

Reducing Prejudice Through Law: Evidence From Experimental Psychology, Roseanna Sommers, Sara Burke

Law & Economics Working Papers

Can antidiscrimination law effect changes in public attitudes toward minority groups? Could learning, for instance, that employment discrimination against people with clinical depression is illegal cause members of the public to be more accepting toward people with mental health conditions? In this Article, we report the results of a series of experiments that test the effect of inducing the belief that discrimination against a given group is legal (vs. illegal) on interpersonal attitudes toward members of that group. We find that learning that discrimination is unlawful does not simply lead people to believe that an employer is more likely to …

Domestic Violence In Immigrant Communities: Case Studies (Punjabi), Ferzana Chaze, Bethany Osborne, Archana Medhekar, Purnima George

Books

This document contains excerpts from the book Domestic Violence in Immigrant Communities: Case Studies by Dr. Ferzana Chaze, Dr. Bethany Osborne, Ms. Archana Medhekar and Dr. Purnima George that have been translated into Punjabi so that a wider audience can access them. The book is a freely accessible educational resource to be used in training with social work and legal practitioners.

The translated case studies in this document are real life stories of immigrant women who have experienced domestic violence in Canada. The cases emerged from closed legal case files handled by Archana Medhekar Law Office and reflect the stories …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr, Manika Kamthan Dr, Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

A Bibliometric Analysis Of Research Trends Of Inter Linkages Between Disaster Management And Law, Shashikala Gurpur Dr., Manika Kamthan Dr., Vartika Tiwari Ms.

Library Philosophy and Practice (e-journal)

This study is the bibliometric analysis of research publications that focus on highlighting the inter linkages between disaster management and laws. The main objectives of the study are to determine the frequency of such publications and also to establish that inter linkages between disaster management and law have not received enough attention from the researchers. The data was collected from the Scopus database using VOSviewer software. Literatures written from 2000 to 2020 were perused. The study consisted of a total of 1649 documents which are classified into articles, letters, editorials conference papers, and reviews. Data collected is analyzed and presented …

When Half The Neighborhood Is Missing: How To Overcome Systemic Poverty And Gentrification Following The Models Of Dudley Street And Mission Waco, Kevin A. Brown, Kevin A. Brown, Kevin A. Brown

Doctor of Ministry Projects and Theses

Abstract

By following the examples of Mission Waco and The Dudley Street Initiative, it is possible to renew a sense of beloved community by changing the narrative of poverty and gentrification by rebuilding the village through empowering the poor and marginalized.

Mission Waco and The Dudley Street Initiative are comprehensive sustainable communities because they combine numerous social and economic interventions under developed strategic plans. The principal question that this dissertation seeks to answer is whether these models can be implemented in local communities to help overcome gentrification and poverty. Implementation can be successful if we can identify the problem, rethink …