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2013

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Full-Text Articles in Law

Beyond Judicial Populism, Anil Kalhan Dec 2013

Beyond Judicial Populism, Anil Kalhan

Anil Kalhan

No abstract provided.


A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11 Dec 2013

A Canyon Apart: Immigration Politics And Ethnic Identity In Arizona, Peter Morrissey Fcrh '11

The Fordham Undergraduate Research Journal

This article examines the political and social forces surrounding the April 23, 2010 passage of Arizona’s stringent immigration enforcement measure, Senate Bill (S.B.) 1070, which empowered local law enforcement to demand proof of legal residency from any person suspected of being undocumented. A person’s failure to produce documentation would result in arrest, detention, investigation, and potentially deportation to his or her nation of origin. Through the law’s lens, the article explores the development of the social tension that followed Arizona’s explosive population growth, and examines how Arizona’s large Hispanic population has been unable to assert itself at the ballot box …


Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia Dec 2013

Anatomy Of Dissent In Islamic Societies, Ahmed Souaiaia

Ahmed E SOUAIAIA

The 'Arab Spring' that began in 2011 has placed a spotlight on the transfer of political power in Islamic societies, reviving old questions about the place of political dissent and rebellion in Islamic civilization and raising new ones about the place of religion in modern Islamic societies.

In Anatomy of Dissent in Islamic Societies, Ahmed E. Souaiaia examines the complex historical evolution of Islamic civilization in an effort to trace the roots of the paradigms and principles of Islamic political and legal theories. This study is one of the first attempts at providing a fuller picture of the place of …


Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley Dec 2013

Remarks By Winston Langley, Provost And Vice Chancellor For Academic Affairs At Umass Boston, Winston Langley

Winston E. Langley

Provost and Vice Chancellor for Academic Affairs at UMass Boston, Winston Langley, discusses Rita Arditti, human rights, and the Abuelas de Plaza de Mayo.


A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee Dec 2013

A Presence Of The Past: The Legal Protection Of Singapore’S Archaeological Heritage, Jack Tsen-Ta Lee

Jack Tsen-Ta LEE

Singapore is not well known for its archaeological heritage. In fact, chance finds in the early twentieth century and systematic archaeological excavations since the 1980s conducted at sites around the Singapore River have unearthed artifacts shedding light on the island’s early history. In addition, the value of archaeology for a deeper knowledge of Singapore’s British colonial past is increasingly being recognized. Nonetheless, Singapore law provides only a rudimentary framework to facilitate archaeological investigations and protect cultural artifacts. This article considers how the National Heritage Board Act (Cap 196A, 1994 Rev Ed), the Planning Act (Cap 232, 1998 Rev Ed), and …


Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo Dec 2013

Re-Visiting Homosexuality In Cameroon: Effective Advocacy On The Path From Homophobia To Dignity And Equality, Jean Cedric Ndzomo

Master's Theses

Cameroon, one of the countries in the world that continues to criminalize homosexuality, has been on the news recently due to the torture and murder of young journalist and gay activist, Eric Ohena. This paper examines the discrimination faced by the LGBTI community in Cameroon by exploring the origins of homophobic violence, the role played by Cameroon's legal system, and the struggles of LGBTI Cameroonians in their fight for a better life. The analysis includes a review of the work by scholars on colonialism and sexuality in Africa, and questions the roots of violence and abuse against the LGBTI community …


The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru Dec 2013

The Plight Of Kenyan Domestic Workers In Gulf Countries, Caroline Muthoni Gikuru

Master's Theses

Kenya’s economy remains the regional leader within the East African Community (EAC) and among East African countries at large. However, political instability such as the 2007 post-election violence and the region’s social and political instability trickling into Kenya, have negatively affected the country’s economic growth. To bridge the economic gap, Kenyan women are seeking employment in the domestic service sector in the Gulf Countries, with Saudi Arabia being the most popular destination. At their destination countries, some domestic workers are subjected to various forms of abuse by their employers, leaving the worker without recourse due to the lack of legal …


Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing Dec 2013

Avoiding The Subject: The Opium War, Opium-Markets, And The Exclusion Of Chinese Laborers In The United States, Canada, And Mexico, Olivia L. Blessing

Olivia L Blessing

The 19th century saw significant increases in the number of Chinese immigrants entering North America, most significantly on the west coast of the United States. Already facing increasing divide amongst the American population over the issue of the Opium Wars and the resulting Opium-addiction amongst the Chinese, the United States found itself now confronting the problem in the form of immigrant workers. Although the Opium Wars and the issue of the Chinese Opium Dens were highly disputed outside the courts, the State and Federal courts surprisingly avoided discussing the topic in their legislative discussions surrounding the Chinese Exclusion Act of …


Artistic And Cultural Practices In Urban Spaces: Law, Justice, Contestation, Matilda Arvidsson, Peter Bengtsen Dec 2013

Artistic And Cultural Practices In Urban Spaces: Law, Justice, Contestation, Matilda Arvidsson, Peter Bengtsen

Dr Matilda Arvidsson

For the 2013 Critical Legal Conference, we sent out a call for papers which dealt with different perspectives on artistic and cultural practices in the transitional and contested territory of urban public space. With nearly 50 abstracts received from all over the world, the response to our call was overwhelming. Ethnographers, sociologists, art historians, architects, artists, and cultural entrepreneurs wanted to engage with law. Interestingly, judging from the abstracts, legal scholars seemed less concerned with engaging in a discussion of artistic expressions, as few responded to the call. Departing from this experience we seek to approach the urban space, art …


Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky Dec 2013

Institutionalized Silence: The Problem Of Child Voicelessness In Divorce Proceedings, Brandon Sadowsky

Brandon Sadowsky

In this paper, I present the current state of child representation in divorce proceedings. I argue that children should be represented in all divorce proceedings. I then consider the best interest and client-directed models of child representation and argue that each model is supported by important intuitions: paternalism and autonomy, respectively. I try to formulate a hybrid model that satisfies both of these intuitions.


A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili Dec 2013

A Historical Comparative Analysis Of Executions In The United States From 1608 To 2009, Emily Jean Abili

UNLV Theses, Dissertations, Professional Papers, and Capstones

The death penalty has been a contested issue throughout American history. The United States has been executing offenders since Jamestown became a colony in 1608 (Allen & Clubb, 2008). Since that time, many issues have been raised about the death penalty including whether or not it is moral, discriminatory, or a deterrent.

This study examines the history of executions, including lynchings, in the United States from 1608 to 2009 using a variety of sociological theories on law and society. Some of the research questions that guide this project are:

* What is the nature of change in the relative prevalence …


Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers Dec 2013

Is The Law Of Armed Conflict Outdated?, Sibylle Scheipers

The US Army War College Quarterly: Parameters

No abstract provided.


Commentaries And Replies, Usawc Press Dec 2013

Commentaries And Replies, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


Economic Statecraft: China In Africa, Douglas W. Winton Dec 2013

Economic Statecraft: China In Africa, Douglas W. Winton

The US Army War College Quarterly: Parameters

No abstract provided.


The Morality Of Human Rights, Michael J. Perry Dec 2013

The Morality Of Human Rights, Michael J. Perry

San Diego Law Review

My discussion of the morality of human rights in this Article presupposes that the reader is familiar with the internationalization of human rights: the growing international recognition and protection, in the period since the end of the Second World War, of certain rights as human rights. The Appendix to this Article is for readers not familiar with the internationalization of human rights. I begin, in the first Part of the Article, by explaining what the term human right means in the context of the internationalization of human rights. I also explain both the sense in which some human rights are, …


Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman Dec 2013

Does The Existing Human Rights Regime Have Political Authority?, Christopher Heath Wellman

San Diego Law Review

In this Article I consider whether the existing international legal human rights regime enjoys political authority over sovereign states. In particular, I explore whether, just as states can cite their role as the primary institutions that protect human rights in order to justify their claim to authority over their citizens, perhaps the current human rights regime might plausibly cite its secondary role in securing human rights in order to ground its authority over these states.


Rebalancing Us Military Power, Anna Simons Dec 2013

Rebalancing Us Military Power, Anna Simons

The US Army War College Quarterly: Parameters

No abstract provided.


The National And The Transnational In British Anti-Suffragists’ Views Of Australian Women Voters, Sharon Crozier-De Rosa Dec 2013

The National And The Transnational In British Anti-Suffragists’ Views Of Australian Women Voters, Sharon Crozier-De Rosa

Faculty of Law, Humanities and the Arts - Papers (Archive)

The issue of woman suffrage, and the unevenness of its development worldwide, provoked much heated discussion in the early twentieth century. In Britain women were campaigning – often violently – for the vote, while in the antipodes women already had at least the national vote. This paper looks at national and transnational aspects of this debate as it was played out in the pages of the British Anti-Suffrage Review. It looks at how conservatives in the British metropole were compelled to articulate, even reformulate, their sense of national and imperial identity in light of the existence of the Australian woman …


From The Editor, Antulio J. Echevarria Ii Dec 2013

From The Editor, Antulio J. Echevarria Ii

The US Army War College Quarterly: Parameters

No abstract provided.


A War Examined: Operation Iraqi Freedom, 2003, Usawc Press Dec 2013

A War Examined: Operation Iraqi Freedom, 2003, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


The True Tragedy Of American Power, Isaiah Wilson Iii Dec 2013

The True Tragedy Of American Power, Isaiah Wilson Iii

The US Army War College Quarterly: Parameters

No abstract provided.


The Coming Financial Wars, Juan C. Zarate Dec 2013

The Coming Financial Wars, Juan C. Zarate

The US Army War College Quarterly: Parameters

No abstract provided.


Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark Dec 2013

Repurposing Cyber Command, Frank J. Cilluffo, Joseph R. Clark

The US Army War College Quarterly: Parameters

No abstract provided.


Artile Index, Vol. 43, 2013, Usawc Press Dec 2013

Artile Index, Vol. 43, 2013, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.


What The Qdr Ought To Say About Landpower, Francis G. Hoffman Dec 2013

What The Qdr Ought To Say About Landpower, Francis G. Hoffman

The US Army War College Quarterly: Parameters

No abstract provided.


Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode Dec 2013

Redirecting Us Diplomacy, James Goodby, Kenneth Weisbode

The US Army War College Quarterly: Parameters

No abstract provided.


Defeating Violent Nonstate Actors, Robert J. Bunker Dec 2013

Defeating Violent Nonstate Actors, Robert J. Bunker

The US Army War College Quarterly: Parameters

No abstract provided.


Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous Dec 2013

Confronting Africa's Sobels, Robert L. Feldman, Michel Ben Arrous

The US Army War College Quarterly: Parameters

No abstract provided.


Waging Financial War, David J. Katz Dec 2013

Waging Financial War, David J. Katz

The US Army War College Quarterly: Parameters

No abstract provided.


Book Reviews, Usawc Press Dec 2013

Book Reviews, Usawc Press

The US Army War College Quarterly: Parameters

No abstract provided.