Law Commons^™

Ethics In Kakadu (1988): Finding Djilile’S “True Tracks”, Natasia T. Boyko

Electronic Theses and Dissertations

Tasmanian-born Peter Sculthorpe (1929 – 2014) was one of Australia’s most iconic modernist classical composers of the twentieth century. Kakadu (1988) seems to have sparked the most controversy of Sculthorpe’s works and has become one of his most well-known pieces. In the program notes provided in the score’s foreword, Sculthorpe asserts that “the melodic material in Kakadu, as in much of my recent music, was suggested by the contours and rhythms of Aboriginal chant.” Sculthorpe attributed this melodic material to the Arnem Land chant, Djilile. Consequently, Sculthorpe has been criticized for extracting Djilile from its authentic context as …

Violence After Victory: Explaining Variation In State Repression Following Contentious Politics, Christopher Wiley Shay

Electronic Theses and Dissertations

If conflict onset leads to increases in human rights abuse, how can these abuses be curbed once conflicts have ended? To answer this question, researchers have traditionally focused on a country’s regime type and leaders’ incentive structures. This is insufficient, I argue, because many regimes with obvious incentives to curb repression (especially democracies) fail to do so. In addition to regime-type, therefore, the answer depends on whether a given regime can count on the cooperation of its military and law enforcement institutions, which I refer to collectively as the security apparatus. This is because security agents’ prior experiences usually create …

Challenging The Limitations Of Asserting Jurisdiction: A Case Study Of The South China Sea, Joshua Villanueva

Electronic Theses and Dissertations

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance …

Because I Said So: The (Re)Production Of White, Ableist Narratives Through Legal Discourse In Endrew F. V. Douglas County Re-1, Stephen F. Fusco

Electronic Theses and Dissertations

As families and advocates of students of color labeled with dis/abilities face mounting inequities they turn to the courts seeking protection. Unfortunately, even after courts issue written decisions ostensibly designed to protect students labeled dis/abled, these students continue to experience systematic oppression in school. This is due, in part, to the discourse used by the courts when addressing issues affecting students labeled dis/abled and the elitism of the judicial system. The purpose of this study was to examine the legal discourse used in the most recent Supreme Court case concerning the education of students labeled dis/abled, Endrew F. v. Douglas …

An Economic Analysis Of Cyber Warfare Governance Models, Kevin M. Kelleher

Electronic Theses and Dissertations

Allusions to death delivered by bits and bytes have been in vogue since the Reagan administration. Yet, as the internet and its connected devices have since proliferated, cyber violence remains far more fiction than fact. Nevertheless, prominent U.S. officials have all but assured the eventuality of a devastating attack. In anticipation, political, legal, and industry experts are now seeking to codify and inculcate international norms to govern acts of war prosecuted via cyberspace. Two of the most prominent governance models to emerge are the Tallinn Manual and Microsoft’s Digital Geneva Convention. The driving thesis of this research argues that within …

Antitrust In Times Of Information Technology: An Analysis Of Big Tech Monopoly Cases, Shamayeta Rahman

Electronic Theses and Dissertations

The information technology industry is one of the most rapidly growing yet concentrated markets existing today. Big Tech monopolies and their increasingly anticompetitive behavior posits risks for competition, technological innovation and consumer welfare. This ranges from price discrimination, limiting consumer choices to the unethical use of data. The particular nature of information technology, with its network effects and negligible marginal costs, incentivizes and facilitates predatory market practices making antitrust analysis in this industry extremely complex. Certain schools of antitrust thought are more sensitive (namely the post-Chicago school) to these implications than others, though antitrust application is still lacking in both …

Locked Out And Locked Up: Assessing The Relationship Between Housing Instability And Recidivism For People With Criminal Drug Records Using A General Strain Theory Framework, Mark Paul Plassmeyer

Electronic Theses and Dissertations

More than 32.5 million Americans have been arrested for drug offenses since 1996 contributing to the fact that currently nearly as many Americans have a criminal record as a college degree. After an arrest for a drug offense, often regardless of whether one is convicted, people are subject to civil penalties known as collateral sanctions. These sanctions include restrictions on access to subsidized housing, financial benefits, student loans, employment, and important aspects of civic life such as voting or holding office.

Due to recent recidivism rates - over 75% for people exiting prison with a drug record - researchers and …

Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith

Electronic Theses and Dissertations

What factors have led to successful outcomes in international peace operations conducted in Sub Saharan African countries? What factors explain mission failure? I proposed a basic theory of peace operations that linked conflict conditions to mandate design to the capability of an intervening force deployed for mission implementation developed from arguments and empirical results of previous research.

Data on 86 peace operations that occurred in 23 African states covering 33 separate conflict periods between 1990 and 2015 was analyzed. My main findings showed that mandates were derived from conflict assessments and determined the size of intervening force required. The results …

Migration Governance In Countries Of Transit: Assessing Policy Implications In Algeria, Brittany R. Van Soest

Electronic Theses and Dissertations

Located between sub-Saharan Africa and southern Europe on the edge of the Mediterranean the country of Algeria has experienced the challenges of a transit state in attempting to prevent irregular migration through its territory. The question guiding this research aimed to explore the conditions under which and with what regard to sovereignty do countries that experience extensive through-migration adopt global governance norms and implement policies which contribute to the broader international goals of safe, orderly and regular migration. This research project examines findings from an expert survey which indicate that, despite a strong sovereignty ethic, Algeria approaches irregular migration governance …

Critiquing Atomistic Individualism In Law: Rosenzweig's Beloved Soul As Open And Relational Subject, Lilith Zoe Cole

Electronic Theses and Dissertations

Positioned as a critique of rights-based justice, this project critically rethinks the American system of law by rooting its failures in its philosophical anthropology of atomistic individualism grounded in Locke, and recommends replacing that anthropology with an anthropology inspired by Franz Rosenzweig's The Star of Redemption. In particular, the project explores how Rosenzweig's "beloved soul" invites us to understand human individuality as open and relational, which might help pivot the law away from its current myopic focus on rights-based justice and the often unjust zero-sum modality that rights-based justice produces. Rooting law in open and relational individuality rather than Lockean …

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 …

The Strategic Challenges Of Urban Warfare, Christian Aditya Niksch

Electronic Theses and Dissertations

With urbanization on the rise, policymakers cannot ignore urban conflicts. In the aftermath of the Cold War, several scholars were of the opinion that primitive modes of fighting, such as close combat, would cease to be used. However, as urban spaces have increasingly become battlefields in the 21st century, there has been a retrogression to a brutal and bloody mode of fighting. This return of primitivism affects the tactics that the military can use in urban warfare, which makes it a daunting strategic challenge. A combined focus on policy, strategy, and operations is necessary to improve thinking about how exactly …

The Rise Of The Dark Side: Dark Pool Trading And The Two-Tiered Implication, Katerina Ruth Mills

Electronic Theses and Dissertations

The United States equity market is made up of both private and public trading venues, creating a framework dark and light trading liquidity. Private or non-publicly visible liquidity is housed in dark venues while liquidity visible to the public sits in light locations. Light markets follow strict real-time public reporting requirements for trade volume and price; their dark counterparts execute transactions without a real-time reporting requirement. The informational asymmetries that result from this difference in reporting create a "two-tiered" market. The dark sector's participants know both the public and dark, private, trade volumes and price, while the public participating in …

Navigating Through U.S.-China Policy: An Investigation Of China National Off-Shore Oil Corporation's Proposed Acquisition Of Unocal Corporation And How Domestic Politics Plays A Role In Balancing U.S. Trade Policy With National Security Policy, Vicki Lynn Spencer

Electronic Theses and Dissertations

When Chinese National Offshore Oil Corporation, Ltd. ( CNOOC) attempted to buy American-owned Unocal Corporation, it unleashed a "perfect storm" in Washington. Members of Congress immediately called upon President Bush to invoke his Exon-Florio authority to prevent the transaction. After the president claimed action would be premature, Congress quickly coalesced to block the deal. The Chinese expressed surprise at the political backlash and ultimately CNOOC was forced to withdraw its bid.

The purpose of this study is to explain the fervor that arose over CNOOC's proposed acquisition of Unocal. The study builds upon the theoretical approach of new institutionalism which …

The Expanding Definition Of Crime And Its Effect On The Individual: A Multilevel Modeling Analysis, Teresa A. Dalton

Electronic Theses and Dissertations

Incarceration is one of the most extreme exercises of state power. For the past twenty-five years the rates at which states have been locking up their residents have been growing at a distressing pace. While violent crime rates have been declining, arrest rates for lower-level crimes have been steadily rising. Two new indices are developed to explain the relationship between lower-level crime and violent crime--the punitive severity index (PSI) and the punitive progression index (PPI). The PSI is the ratio of low-level crime to violent crime, a static indicator of punitiveness, while the PPI is a measure of the rate …

The Implementation Of Restorative Justice In Iceland: A Comparison Of Police- And Expert-Led Conferencing, Hafsteinn Gunnar Hafsteinsson

Electronic Theses and Dissertations

On first of October 2006 the Ministry of Justice in Iceland launch a restorative justice pilot project. Building on the pilot project data, this thesis evaluates the implementation of restorative justice into the criminal justice system in Iceland by asking victims, offenders and other participants in police- and expert-led conferencing to answer questionnaires' relating to these two types of restorative justice practices to crime. The thesis compares its results with findings from a review conducted by Paul McCold (1998) who more than a decade ago challenged concerns on police facilitated conferencing. The data examined in the present thesis support Paul …

The Middle East Quartet Of Mediators: Understanding Multiparty Mediation In The Middle East Peace Process, Kris Arthur Bauman

Electronic Theses and Dissertations

This dissertation seeks to answer the question: Under what conditions does multiparty mediation fail to move conflicting parties toward a comprehensive peace agreement? The object of study is the Middle East Quartet of Mediators from its formation in 2002 to the Annapolis Conference in November, 2007.

Although some progress was made during this period, no formal peace agreement was reached and therefore, the ultimate objective of the Quartet was not attained. The study seeks both to deepen our theoretical understanding of multiparty mediation as well as identify specific leverage points that could lead toward resolution of the conflict in Palestine …

From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang

Electronic Theses and Dissertations

This study examines the process of Vietnam's global integration for development in order to conclude that Vietnam has been able to achieve economic development and human development by joining regional and global institutions and working closely with multilateral international development agencies.

With proper literature reviews of economic theories and empirical studies, this study determines that Vietnam was able to graduate from dependence on the former Soviet Union and achieved economic development and human development.

This study determines that Vietnam has become one of the best-performing developing economies in the world. The Vietnamese people's standard of living has improved significantly. The …

Homeland Security And Terrorism In Selected European States, Eric M. Deutcher

Electronic Theses and Dissertations

In the wake of the 9/11 attacks on the United States, the responses to terrorism increased throughout the world. The face of Homeland Security is now heavily focused on the prevention, preparedness, response and recovery of terrorist attacks not only in the United States, but also amongst some of America's oldest allies. This thesis studies the level of change in homeland security strategy of European NATO members after the 9/11 attacks in the United States. The analysis of strategic components within each NATO member's homeland security strategy (history, laws, counterterrorism agencies and budget support) shows significant change. The international community's …

The Evolution Of Small Business Reform In Russia, Megan Hanna

Electronic Theses and Dissertations

Small businesses are key drivers in the world’s leading economies. Russia on the whole is lagging behind the developed world in terms of small businesses per capita. Entrepreneurship gradually took shape after the collapse of the Soviet Union despite structural challenges. A discourse on small business reform emerged during the presidency of Vladimir Putin. Legislation passed during his tenure illustrates the evolution of reform in specific areas that affect small business. Surveys show that perceived challenges for small businesses have also evolved. As central control recedes, regional and local authorities will ultimately be responsible for the future of small business …

Hedging To Safety: A Political Economy Of Derivatives, Risk And Agriculture In The Developing World, Sasha Coler Breger Bush

Electronic Theses and Dissertations

It has become common for researchers and international development institutions to recommend the use of derivative instruments to developing country farmers and policymakers as a means of insuring agricultural incomes against the threats posed by volatile global commodity prices. Despite such enthusiasm, very little research to date examines whether or not derivative instruments actually can deliver income support to agricultural producers who face commodity price risk. This dissertation evaluates these recommendations, focusing upon the potential income security benefits of hedging with futures instruments for coffee farmers in Mexico, Brazil and Uganda during the 1998-2002 coffee crisis. The three-part quantitative and …

Religio-Political Groups And The Israeli-Palestinian Peace Process, Catherine Ruth Orsborn

Electronic Theses and Dissertations

The Israeli-Palestinian conflict is a quagmire of interests working against one another. In this paper, I explore the specific role of religio-political groups in the conflict. I particularly examine the ideological political and religious foundations of Gush Emunim and Hamas, paying much attention to the question of why they are attractive to people in our current era. I argue that these groups are continuously effective in opposing the current quest for a peaceful resolution to the conflict, and that they continue to grow as the result of an identity crisis brought about by factors related to globalization and the failure …

Role Expectations And State Socialization: Germany's Rediscovery Of The Use Of Force 1990–1995, Thorsten Spehn

Electronic Theses and Dissertations

This dissertation engages the question of why German political elites accepted the use of force during the 1990s and started to commit the country's armed forces to multilateral peacekeeping missions. Previous governments of the Federal Republic had opposed foreign deployment of the military and Germany was characterized by a unique strategic culture in which the efficacy of military force was widely regarded as negative. The rediscovery of the use of force constituted a significant reorientation of German security policy with potentially profound implications for international relations.

I use social role theory to explain Germany's security policy reorientation. I argue that …

Caribbean-China Relations: Foreign Policy And Small State Economic Adjustment, Dana Marie Morris

Electronic Theses and Dissertations

In recent years the relationship between Caribbean states and China has intensified. This dissertation argues that the Caribbean's increased engagement with China is an important component of their economic adjustment strategy that was necessitated after changes in the orientation of the international economic system that they must operate within, particularly in relation to the loss of trade preferences and the sharp decline in official development assistance.

Despite the seemingly homogenous nature of these Caribbean states there is in fact significant foreign policy variation seen vis-à-vis engagement with China. Some Caribbean states have consistently recognized China, while others have vacillated between …