Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Pittsburgh School of Law (18)
- University of Pennsylvania Carey Law School (12)
- SIT Graduate Institute/SIT Study Abroad (11)
- Golden Gate University School of Law (3)
- University of Nebraska - Lincoln (3)
-
- City University of New York (CUNY) (2)
- Georgetown University Law Center (2)
- University of Georgia School of Law (2)
- University of Massachusetts Boston (2)
- Connecticut College (1)
- Duke Law (1)
- Eastern Washington University (1)
- Edith Cowan University (1)
- Emory University School of Law (1)
- Florida International University (1)
- Gettysburg College (1)
- Old Dominion University (1)
- University at Albany, State University of New York (1)
- University at Buffalo School of Law (1)
- University of Cincinnati College of Law (1)
- University of Connecticut (1)
- University of Denver (1)
- University of Michigan Law School (1)
- Washington University in St. Louis (1)
- Wilfrid Laurier University (1)
- Keyword
-
- Race (8)
- Discrimination (6)
- Bias (3)
- Refugees (3)
- Citizenship (2)
-
- Climate change (2)
- Criminal law (2)
- Diversity (2)
- Dobbs (2)
- Education (2)
- Empirical desert (2)
- Empirical legal studies (2)
- Empirical studies (2)
- Feminism (2)
- Feminist legal theory (2)
- Gender and law (2)
- Immigration (2)
- Intellectual property (2)
- International relations (2)
- Knowledge commons (2)
- Law (2)
- Law and feminism (2)
- Legal education (2)
- Litigation (2)
- Migration (2)
- Policing (2)
- Polycentricity (2)
- Poverty (2)
- Psychology (2)
- Racial capitalism (2)
- Publication
-
- Articles (16)
- All Faculty Scholarship (12)
- Independent Study Project (ISP) Collection (11)
- Book Chapters (3)
- Cornhusker Economics (3)
-
- Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal (3)
- Georgetown Law Faculty Publications and Other Works (2)
- Scholarly Works (2)
- 2022 Symposium (1)
- All Institute for Community Inclusion Publications (1)
- CISLA Senior Integrative Projects (1)
- Center for Social and Demographic Research on Aging Publications (1)
- Connecticut Law Review (1)
- FIU Electronic Theses and Dissertations (1)
- Faculty Articles (1)
- Faculty Articles and Other Publications (1)
- Faculty Scholarship (1)
- Journal Articles (1)
- Life in Hampton Roads Survey Report (1)
- Open Educational Resources (1)
- Political Science Faculty Publications (1)
- Psychology Faculty Scholarship (1)
- Publications and Research (1)
- Research outputs 2014 to 2021 (1)
- Scholarship@WashULaw (1)
- Student Publications (1)
- Sturm College of Law: Faculty Scholarship (1)
Articles 1 - 30 of 71
Full-Text Articles in Law
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
Connecting The Dots: Immigration Policy And Access To Higher Education For Refugees In France, Isabella Amaro Varas
CISLA Senior Integrative Projects
Since 2016, the increasing number of refugees in Europe accelerated the development of national and regional policies to determine their rights and access to resources. Against this backdrop, the strong politicization of migration, and the recent financial crises, refugees' access to welfare has “become a key area of concern across European democracies” (Lafleur et al. 2020). Considering public education programs as a pillar of social policy agendas in this region, this study examines French policy in order to answer the following questions: How do French immigration and education policies converge to determine refugees’ access to higher education in France? What …
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp
From Experiencing Abuse To Seeking Protection: Examining The Shame Of Intimate Partner Violence, A. Rachel Camp
Georgetown Law Faculty Publications and Other Works
Shame permeates the experience of intimate partner violence (IPV). People who perpetrate IPV commonly use tactics designed to cause shame in their partners, including denigrating their dignity, undermining their autonomy, or harming their reputation. Many IPV survivors report an abiding sense of shame as a result of their victimization—from a lost sense of self, to self-blame, to fear of (or actual) social judgment. When seeking help for abuse, many survivors are directed to, or otherwise encounter, persons or institutions that reinforce rather than mitigate their shame. Survivors with marginalized social identities often must contend not only with the shame of …
Understanding The Global Refugee Crisis [Paralegal Studies], Andrea R. Irias
Understanding The Global Refugee Crisis [Paralegal Studies], Andrea R. Irias
Open Educational Resources
This assignment was designed to meet the criteria of the Global Learning competency and Written ability rubrics. Although it was created for the Paralegal Program, it was not made to fit one specific course as we are unsure where it fits best in the program. As we continue to experiment with placement, we have piloted this assignment in two different courses (BTP203 and BTP205) with similar results. It was designed for students to complete outside of the classroom as homework with minimal in-class instruction as the content of the assignment did not truly fit in the courses that held it …
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 …
The Contradictions Of Sought Safe Havens: The Difficulty Of Immigration And Integration For Muslim Maghrébins In France, Serena Korkmaz
The Contradictions Of Sought Safe Havens: The Difficulty Of Immigration And Integration For Muslim Maghrébins In France, Serena Korkmaz
Independent Study Project (ISP) Collection
The purpose of this paper is to examine the effects of laïcité and government trends to the right in France affect immigration and integration policy in France as it pertains to Muslim Maghrébin migrants. To do so, I conducted interviews with five experts with experience in some facet of Muslim North African migration, followed by using secondary sources to identify current trends, policies, and practices pertaining to migrants in France. The paper is broken into five sections that build on each other to contextualize and explore how the lives of Muslim Maghrébins are affected, including historical migrant trends, laïcité as …
Abandonados Por Los Estados Unidos: Migrantes Venezolanos Llenan Los Vacíos En La Comunicación De La Política Migratoria, Ingrid Piña
Independent Study Project (ISP) Collection
El 12 de octubre de 2022, los Estados Unidos (los EE. UU.) cambió la política migratoria respecto a los inmigrantes venezolanos, sin previo aviso. “El nuevo proceso de control migratorio” extendió a los venezolanos la orden de salud pública debido al COVID-19, “Título 42,” que expulsa migrantes por cruzar la frontera y niega el derecho humano de solicitar asilo, y el programa humanitario“Uniting for Ukraine” por cuál han entrado refugiados de Ucrania desde abril de 2022. Efectivo inmediatamente, la nueva política puso en riesgo a los migrantes venezolanos ya en camino a los EE. UU. Entre los migrantes recientemente expulsados …
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 …
How Survivors Of Domestic Violence Seek Legal And Social Support Against Their Abusers In Ahmednagar District Of Maharashtra State In India: An Exploratory Study, Jonathan Israel
Independent Study Project (ISP) Collection
This exploratory study sought to gather detailed information about women’s experiences surviving and rehabilitating from domestic violence. This information was used to identify factors that encourage survivors to stay in their relationships and factors that enable them to seek legal and social support against their abusive partners. Qualitative data was gathered through a series of in-depth interviews and panel discussions with survivors of domestic violence in Ahmednagar, Maharashtra (India). This data was analyzed with guidance from Indian feminist theory, local professionals, and contributing research mentors. Further examination of national survey data, past research on domestic violence in Indian contexts, and …
A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor
A Destabilized World: The Effects Of Climate Change On Armed Conflict And International Humanitarian Law, Chase Doctor
Independent Study Project (ISP) Collection
The effects of climate change are becoming more pronounced, and they will have an increasingly destabilizing effect on societies around the globe. This research paper utilizes primary source material (e.g. interviews with field experts) and secondary source material to analyze the relationship between climate change and armed conflict, and the response of international humanitarian law. The consequences of climate change, like changing weather patterns, will increase global migration and strain the resources of host communities. This phenomenon, in addition to other climate-induced factors, may increase the likelihood of armed conflict breaking out. The case studies of the Darfur conflict in …
Setting The Stage For The Next Farm Bill Debate, Bradley D. Lubben
Setting The Stage For The Next Farm Bill Debate, Bradley D. Lubben
Cornhusker Economics
The 2018 Farm Bill is set to expire in September 2023. New farm bill legislation will be needed by then if authority is to be extended for a wide range of programs from farm support to conservation, nutrition assistance, credit, trade promotion, rural development, research and education, and more.
The agricultural committees in Congress have already held initial hearings and many agricultural and other interest groups have noted their policy priorities. However, formal debate on a new farm bill is not expected to begin in earnest until early 2023 when a new session of Congress convenes.
While the formal debate …
Flint Michigan Drinking Water Crisis, J. David Aiken
Flint Michigan Drinking Water Crisis, J. David Aiken
Cornhusker Economics
Briefly covers the Flint, Michigan drinking water crisis including providing some background, a timeline of events, and key takeaways from the perspective of public policy.
This article was originally prepared for distribution to students in Aiken's AECN 357 environmental and natural resources law course.
Color Of Creatorship - Author's Response, Anjali Vats
Color Of Creatorship - Author's Response, Anjali Vats
Articles
This essay is the author's response to three reviews of The Color of Creatorship written by notable intellectual property scholars and published in the IP Law Book Review.
Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Michael J. Madison, Brett M. Frischmann, Madelyn Sanfilippo, Katherine J. Strandburg
Too Much Of A Good Thing? A Governing Knowledge Commons Review Of Abundance In Context, Michael J. Madison, Brett M. Frischmann, Madelyn Sanfilippo, Katherine J. Strandburg
Articles
The economics of abundance, along with the sociology of abundance, the law of abundance, and so forth, should be re-framed, linked, and situated in a common context for empirical rather than conceptual research. Abundance may seem to be a new, big thing, between anxiety over information overload, Big Data, and related technological disruptions. But scholars know that abundance is an ancient phenomenon, which only seemed to disappear as twentieth century social science focused on scarcity instead. Restoring the study of abundance, and figuring out how to solve the problems that abundance might create, means shedding disciplinary blinders and going back …
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. …
Government By Code? Blockchain Applications To Public Sector Governance, Pedro Bustamante, Meina Cai, Marcela Gomez, Colin Harris, Prashabnt Krishnamurthy, Wilson Law, Michael J. Madison, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Tymofiy Mylovanov, Nataliia Shapoval, Annette Vee, Martin B. H. Weiss
Government By Code? Blockchain Applications To Public Sector Governance, Pedro Bustamante, Meina Cai, Marcela Gomez, Colin Harris, Prashabnt Krishnamurthy, Wilson Law, Michael J. Madison, Ilia Murtazashvili, Jennifer Brick Murtazashvili, Tymofiy Mylovanov, Nataliia Shapoval, Annette Vee, Martin B. H. Weiss
Articles
Studies of blockchain governance can be divided into analyses of the governance of blockchains (such as rules and power dynamics within a given network) and governance by blockchains (such as how blockchains can be implemented to improve self-governance of community-based peer production networks). Less emphasis has been placed on applications of distributed ledgers to public sector governance. Our review clarifies that the decentralization and distributive features that enable blockchains to link up loosely connected private organizations and public agencies to improve efficiency and transparency of government transactions. However, most blockchain applications lack clear advantages over the conventional digital recording of …
Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke
Police Frisks, David S. Abrams, Hanming Fang, Priyanka Goonetilleke
All Faculty Scholarship
The standard economic model of police stops implies that the contraband hit rate should rise when the number of stops falls, ceteris paribus. We provide empirical corroboration of such optimizing models of police behavior by examining changes in stops and frisks around two extraordinary events of 2020 - the pandemic onset and the nationwide protests following the killing of George Floyd. We find that hit rates from pedestrian and vehicle stops generally rose as stops and frisks fell dramatically. Using detailed data, we are able to rule out a number of alternative explanations, including changes in street population, crime, police …
Is Using Preferred Gender Pronouns Important In The Courtroom?, Golden Gate University School Of Law
Is Using Preferred Gender Pronouns Important In The Courtroom?, Golden Gate University School Of Law
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
In relation to the Farmer v. Brennan, a case discussed in this blog, it is important to note that triggering language is used in the opinion, as the incorrect pronouns are used to refer to the petitioner throughout.
The use of proper gender pronouns is important to nearly every person in the world. In all cases, proper and preferred gender pronouns are the same. It is respectful and expected to use a person’s preferred pronouns e.g., the proper term for the person. Whether you are part of the LGBTQ+ community or not, the use of proper gender pronouns is only …
Social Security Benefits Continue To Fall Short Of Covering Cost Of Basic Needs For Older Americans, 2021, Jan Mutchler, Nidya Velasco Roldán
Social Security Benefits Continue To Fall Short Of Covering Cost Of Basic Needs For Older Americans, 2021, Jan Mutchler, Nidya Velasco Roldán
Center for Social and Demographic Research on Aging Publications
Social Security benefits fall short of what is required to cover the basic cost of living across the United States, according to new estimates based on the Elder Index, a county-by-county measure of the income older adults need to secure an independent lifestyle. Nationally, the average Social Security benefit covers just 68% of basic living expenses of housing, food, transportation, and health care for a single renter in 2021, and 81% for an older couple. The gap between Social Security benefits and what it takes to get by is especially problematic for older adults who rely largely or entirely on …
#Wetoo, Kimberly Kessler Ferzan
#Wetoo, Kimberly Kessler Ferzan
All Faculty Scholarship
The #MeToo movement has caused a widespread cultural reckoning over sexual violence, abuse, and harassment. “Me too” was meant to express and symbolize that each individual victim was not alone in their experiences of sexual harm; they added their voice to others who had faced similar injustices. But viewing the #MeToo movement as a collection of singular voices fails to appreciate that the cases that filled our popular discourse were not cases of individual victims coming forward. Rather, case after case involved multiple victims, typically women, accusing single perpetrators. Victims were believed because there was both safety and strength in …
Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell
Denmark And Sweden: The Collision Between Welfare State Politics And Immigration, Amy Elizabeth Cantrell
Student Publications
The Scandinavian welfare states of Denmark and Sweden have famously similar socio-political and cultural systems, ones which have advanced the common perception of these nations as united in a common humanitarian and progressive global position. However there exists a significant divergence within either nation’s approach to immigration, asylum and integration policy, one indicative of the deeply ingrained deviations in popular understandings of national belonging and perspectives on greater European and global integration. By contextualizing the historical progressions of either nation and juxtaposing their individual responses to both the 2015 European refugee crisis and the contemporary Ukrainian conflict and resulting refugee …
Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos
Unofficial Torturers And Helpless Victims: Applying The Convention Against Torture To Organized Criminal Groups, Emmanuel Orozco Castellanos
Independent Study Project (ISP) Collection
Since its inception, the United Nations Convention Against Torture (UNCAT) conceived torture as a state crime. The Convention established a so-called “state-nexus” that effectively excludes torture committed by non-state actors. The Committee Against Torture as well as the world’s major anti-torture NGOs have almost exclusively focused on ill-treatment perpetrated by state entities. Yet, there have been efforts to extend the definition to private actors, including the “de facto authority” approach, and the due diligence doctrine. This article explores the effectiveness of these efforts to expand the scope of the UNCAT when applied to organized criminal organization such as gangs and …
Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil
Irregular Migration In Morocco: A Case For Constructionism, Mourad Khalil
Independent Study Project (ISP) Collection
Separated by only 14 kilometers of water from Spain, Morocco has become a common destination for many sub-Saharan irregular migrants trying to reach Europe. With a large population of these migrants, Morocco has had to make important decisions on how to manage its irregular migrant population. However, the terrible conditions and regular violations of human rights that irregular migrants in Morocco are subject to lead one to ponder the role that international relations has and the extent to which human rights is a consideration in the policymaking of irregular migration. Applied to the three primary theories of international relations, liberalism, …
Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara
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 …
The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia
The Current Status Of Women In Morocco And How It Can Be Improved, Amanda Maia
Independent Study Project (ISP) Collection
My paper will explore the conditions of gender minorities in Morocco through representation, NGOs, social structures, and resources therein to support the progress of acquiring more rights for these demographics. With an emphasis on the status of women in Morocco. My main questions as it stands are: What are the living conditions for women in Morocco and how can they be improved? What progress has been and still can be made to improve the quality of life and foster joy for these demographics in Morocco? Since the 1990s, there has been significant progress in Morocco to improve Family Law and …
La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch
La Crisis Carcelaria En El Ecuador: Las Causas, Manifestaciones Y Algunas Recomendaciones, Ava Lausch
Independent Study Project (ISP) Collection
Esta monografía trata de la crisis carcelaria en Ecuador. Empieza con las causas multidimensionales de la crisis y las maneras en cómo se manifiesta. La próxima sección explica la narrativa del gobierno versus lo que realmente está haciendo y la política pública relacionada con el sistema penitenciario. La tercera sección tiene que ver con soluciones y recomendaciones por la crisis. Finalmente, hay una sección sobre la aplicación e importancia de la justicia restaurativa como una alternativa a la privación de la libertad. Para conseguir la información incluida, realice una revisión de fuentes secundarias e hice entrevistas con los varios funcionarios …
Wrongfully Charged, Golden Gate University School Of Law
Wrongfully Charged, Golden Gate University School Of Law
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
On January 10, 2020, a San Francisco Superior Court judge, at the request of a San Francisco Police officer, issued an arrest warrant in connection with a residential burglary. Mot. Suppress Evid. Off’d Against Def. Prelim. Hr’g, 6:1-2. The warrant listed suspects to be arrested and described a residence in Oakland that was to be searched. Id. at 3:5-13. The San Francisco Police Department sent a special operations unit to execute the warrant. Id. at 10:13-22. When the officers arrived at the house, they found the suspect as well as other individuals in the house.
One of those individuals was …
Mandatory Minimums Require A Much-Needed Facelift, Golden Gate University School Of Law
Mandatory Minimums Require A Much-Needed Facelift, Golden Gate University School Of Law
Golden Gate University Race, Gender, Sexuality and Social Justice Law Journal
Hamedah Hassan was an overall upstanding member of our society until she became a victim of her extenuating circumstances. When Hamedah was 21 years old, she made a brave choice to flee from an extremely abusive relationship with her two children. At the time, Hamedah’s only option was to seek refuge at her cousin’s house. However, Hamedah’s cousin was dealing crack cocaine and soon roped her into running errands for his drug business. After two years of being involved in the drug business, Hamedah decided to return to her hometown as she wanted to earn an honest living for herself …
Survey Says--How To Engage Law Students In The Online Learning Environment, Andrele Brutus St. Val
Survey Says--How To Engage Law Students In The Online Learning Environment, Andrele Brutus St. Val
Articles
The pandemic experience has made it clear that not everyone loves teaching or learning remotely. Many professors and students alike are eager to return to the classroom. However, our experiences over the last year and a half have also demonstrated the potentials and possibilities of learning online and have caused many professors to recalibrate their approaches to digital learning. While the tools for online learning were available well before March of 2020, many instructors are only now beginning to capitalize on their potential. The author of this article worked in online legal education before the pandemic, utilizing these tools and …
Leases As Forms, David A. Hoffman, Anton Strezhnev
Leases As Forms, David A. Hoffman, Anton Strezhnev
All Faculty Scholarship
We offer the first large scale descriptive study of residential leases, based on a dataset of ~170,000 residential leases filed in support of over ~200,000 Philadelphia eviction proceedings from 2005 through 2019. These leases are highly likely to contain unenforceable terms, and their pro-landlord tilt has increased sharply over time. Matching leases with individual tenant characteristics, we show that unlawful terms are surprisingly likely to be associated with more expensive leaseholds in richer, whiter parts of the city. This result is linked to landlords' growing adoption of shared forms, originally created by non-profit landlord associations, and more recently available online …
Remodeling Criminal Insanity: Exploring Philosophical, Legal, And Medical Premises Of The Medical Model Used In Norwegian Law, Linda Gröning, Unn K. Haukvik, Stephen J. Morse, Susanna Radovic
Remodeling Criminal Insanity: Exploring Philosophical, Legal, And Medical Premises Of The Medical Model Used In Norwegian Law, Linda Gröning, Unn K. Haukvik, Stephen J. Morse, Susanna Radovic
All Faculty Scholarship
This paper clarifies the conceptual space of discussion of legal insanity by considering the virtues of the ‘medical model’ model that has been used in Norway for almost a century. The medical model identifies insanity exclusively with mental disorder, and especially with psychosis, without any requirement that the disorder causally influenced the commission of the crime. We explore the medical model from a transdisciplinary perspective and show how it can be utilised to systematise and reconsider the central philosophical, legal and medical premises involved in the insanity debate. A key concern is how recent transdiagnostic and dimensional approaches to psychosis …