Law Commons^™

A Case For Abolition: Analyzing The Death Penalty In The United States, Abigail E. Nick

Senior Theses and Projects

This thesis delves into the multifaceted debate surrounding the death penalty in the United States, exploring its constitutionality, morality, and implications for the justice system. Drawing from legal, philosophical, and empirical analyses, it argues against the continued practice of capital punishment, contending that it violates fundamental human rights, inhibits rehabilitation efforts, and fails to align with evolving societal norms. The discussion navigates through historical contexts, international perspectives, and philosophical theories of punishment, examining the right to life, methods of punishment, and evolving standards of decency. It underscores the tension between retributive justice and the protection of human rights, highlighting the …

The International Restitution Of Classical Antiquity: Creating Uniformity Within Museum Restitution Policy, Jacob Armentrout

Senior Theses and Projects

This thesis will explore the scope of the restitution debate for Greek and Italian classical antiquities and how it has evolved over the past 70 years. Chapter 1 will focus on the scholarly works of well-known figures within the restitution debate, including John Henry Merryman, James (Jim) Cuno, and Patty Gerstenblith. Their work is crucial in developing the terminology that defines the debate and also for understanding their opinions on both sides of the debate. Chapter 2 will center on claims to cultural property and restitution efforts that have been made at both the international and national level. The three …

How Activist Groups Use Human Rights Rhetoric In The Fight For Reproductive Rights And Abortion: The Cases Of The United States, Germany, And The Netherlands, Esme Ostrowitz-Levine

Senior Theses and Projects

Human rights advocates often argue their primary power is that claiming them and deploying human rights rhetoric adds legitimacy and authority to a cause. Yet our understanding of if, how, and why human rights language is used in the political struggle for equality is incomplete. In this thesis I examine the key question of the use of human rights rhetoric and claiming by activists and governmental actors via the struggle for reproductive rights, especially for access to abortion. Through a comparative case study of the United States, the Netherlands, and Germany, this paper finds that legislative bodies tend to utilize …

The Restitution Of Nazi-Looted Art In The United States: A Legal And Policy Analysis, Katharine J. Namon

Senior Theses and Projects

Restitution of Nazi-looted art in the United States is a complicated legal and policy issue. Victims and their heirs seeking restitution of their stolen art frequently encounter inconsistent legal standards at the state, federal, and international levels. Moreover, there are many different parties involved in these cases, including countries, museums, private collections, auction houses, heirs, and individuals who may have an interest in the particular work of art. Ethics must also be considered, and in the past, international principles for nations have been established to guide the process of delivering victims of wartime looting justice. Unfortunately, the current legal framework …

The Evolution Of Title Ix And Transgender Rights- A Comparative Study Of Title Ix Debates With Recommendations For Integrating Transgender Rights Into Title Ix Legislation, Jaymie Bianca

Senior Theses and Projects

This project views Title IX through a lens pertaining to transgender rights. It examines the historic adaptation and expansion of Title IX, and how it historically has not expanded to include transgender individuals. The project pays particular attention to the difference between the definitions of sex and gender, the bathroom and athletic debates in relation to transgender rights, and includes recommendations in order to properly include transgender individuals in Title IX legislation.

The Israeli-Palestinian Conflict In The Trump Era: A Human Rights Perspective, Manny Rodriguez

Senior Theses and Projects

The Israeli-Palestinian conflict has been an ongoing war in the Middle East that began in the mid-20th century. Over the last seventy years, the region has been characterized by widespread violence and war as disputes over territory and religious freedom have heightened tensions between the Israelis and Palestinians. Many countries, especially the United States, have attempted to resolve the conflict and bring peace to the region. Since the conflict started, U.S. presidents, both Republican and Democrat alike, have generally maintained a similar, pro-Israel approach while attempting to be inclusive of the Palestinian community. However, the election of Donald J. Trump …

Gender-Based Violence: A Global Crisis That Is Handled Ineffectually, Marlén Miranda

Senior Theses and Projects

This research seeks to outline the current understandings of Gender-Based Violence (GBV) in academic literature and how it contrasts from the ways governmental and non-governmental bodies interpret and address GBV. A little more than a yearlong investigation in Chile, Nepal, Jordan, Spain, and the United States serves as the foundation of the research. The researcher uses the ethnographic method (Draper, 2015) and the interpretive approach (Schwartz-Shea & Yanow, 2012) to interview individuals successfully and to comprehend better how GBV operates within each of the countries. The study focuses on answering the research question: How is GBV understood, and do current …

The Permanent Liminality Of Pakistan's Northern Areas- The Case Of Gilgit-Baltistan, Hamna Tariq

Senior Theses and Projects

Since Pakistan’s inception, Gilgit-Baltistan, a sprawling region in Northern Pakistan, has not been granted provincial status due to its colonial association with the disputed region of Kashmir. Gilgit-Baltistan refutes its forceful integration with Kashmir, an unfortunate remnant of British divide-and-rule strategy, and demands provincial recognition and constitutional rights. Pakistan unfairly claims that it awaits the UN-sanctioned plebiscite in Kashmir to determine the region’s status. However, the likelihood of a plebiscite is little to none, since the Indian government officially annexed Indian-held Kashmir in August 2019, breaching the UN resolution on the plebiscite. A region that has been at the mercy …

Bodies And Borders: Navigating Colonial And Capitalist Desires In Trinidad And Tobago, Hannah Grosberg

Senior Theses and Projects

Colonialism/capitalism1 continue to create and exploit a dehumanised labour population in the pursuit of profit and power. The current formation of such a population is formed through heterosexist, xenophobic and racist ideologies revealed in the discourses and practises surrounding the (mis)treatment of refugees, as well as sex tourism and human trafficking in Trinidad and Tobago. The legal backbone of these three modern expressions of colonialism/capitalism in Trinidad and Tobago are the Sexual Offenses Act, the Trafficking in Persons Act, and the Immigration Act. In effect, undocumented migrants, refugees, and sex workers are criminalised, barred access to human rights, and become …

Conscience Collisions: The Search For Public Policy Solutions To The Problem Of Doctrine In Medicine, Christina M. Claxton

Senior Theses and Projects

No abstract provided.

United In Diversity? The Political Implications Of Intra- Eu Migration, Isabel Monteleone

Senior Theses and Projects

Intra-EU migration is a phenomenon innate to the structure of the European Union. A politico-economic union of twenty-eight countries, the EU does what no other alliance of countries has endeavored before, serving as a unique product of globalization and integration, in every sense of the word. Bound almost entirely by a common currency, the European Union is established in the belief that economic cooperation in Europe can be achieved through the principle of free movement, despite each member states’ individual way of life, language, and political, religious, and cultural ideology.

Since intra-EU migration allows for the possibility of EU integration …

Storytelling And Transitional Justice In Latin America: The Roles Of Truth Commissions And The Arts In Argentina, Chile, And Guatemala, Anna Seidner

Senior Theses and Projects

No abstract provided.

Prince Sihanouk: The Model Of Absolute Monarchy In Cambodia 1953-1970, Weena Yong

Senior Theses and Projects

This thesis addresses Prince Sihanouk and the model of absolute monarchy in Cambodia during his ‘golden era.’ What is the legacy bequeathed to his country that emanated from his years as his country’s autocratic leader (1954-1970)? What did he leave behind? My original hypothesis was that Sihanouk was a libertine and ruthless god-king who had immense pride for his country. He fought for his people and had strong good intentions. Instead, through research, I discovered that there are many good and bad facets of Sihanouk’s past and the political practices that marked his era as Cambodia’s supreme ruler. His legacy …