Law Commons^™

Science, Technology, Society, And Law, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Traditionally, science and technology have been granted as sources of knowledge and objective truth. However, much more recently, they are also seen as human activities, conducted in a social environment. This new approach focuses on the intersections between science, technology and society, and particularly their regulation by the law. Concerns on how to best regulate the interaction come up in modern societies, and when either their use or their impacts are global, international law and international organizations become involved. The impact of the fourfold relation is so high that science and technology are seen as one of the reasons for …

The Interlinkages Science-Technology-Law: Information And Communication Society, Knowledge-Based Economy And The Rule Of Law, Giovanni Bombelli, Paolo Davide Farah

Book Chapters

This chapter focuses on the circular and complex relationship between science, technology, society, and law. The technology/society connection focuses on the democratic deficit issue. The democratic deficit would be a consequence of the lack of adaptability of western democracy to complex (information) societies, where technology (and the increasing access to data that it permits) is separating the connection between information and knowledge (as well as the classical legitimacy couple of democracy-truth) moving these societies towards a technocracy. On one hand, the technology-law circle deals with the progressive reduction of law to a normative technique (since the law is always late …

The Intersections Among Science, Technology, Policy And Law: In Between Truth And Justice, Paolo Davide Farah, Justo Corti Varela

Book Chapters

Different visions on the interaction between science, technology, policy and law have been presented. As common axe, we can detect the continuous search for truth and justice. Science and Law as social constructs, the distinction between truths and opinions through procedural method based on evidence and rationality, or how natural science “things” became facts, and consequently “truth”, are examples of this search. The evidence-gathering process that integrates scientific evidence into trial (sometimes by procedure and other times by a more substantive approach) is another possible approach. Of course, that the game of mutual influence among the four elements creates contradictions …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

Exploring Jury Nullification: Its Political History, Current, And Potential Impact On Policy, David Harold Penny

Walden Dissertations and Doctoral Studies

Jury nullification (JN) is when a jury knows a defendant is legally guilty, but states they are not guilty, believing that their verdict better serves justice in that case. The problem is the violation of the Constitution’s equal protection clause for all citizens, caused by the intentional omission in most judges’ instructions to juries of JN. The purpose of the study was to fill the gap in the literature on jury behavior and address the problem of JN. The study framework is chaos theory as applied by Horowitz to jury behavior. It describes judges and lawmakers mistrust of juries associated …

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.

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 …

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 Mixed-Methods Analysis Of Biofuels, Teresa Cristina Garcia

Graduate Theses and Dissertations

Brazil has the largest sugarcane acreage in the world (FAOSTAT, 2020) and is the world leader in the production of sugarcane-based ethanol (Sousa Junior et al., 2017). Due to the technical experience in the production of biofuels and the availability of sugarcane straw and bagasse, the country has a great potential to commercially produce second-generation ethanol (E2G) (Nyko et. al., 2010). In 2017, Brazil enacted a new National Biofuels Policy, called RenovaBio, to expand the production and use of biofuels in the country. This dissertation combines three essays that explore biofuels law and policy with a special focus on Brazil. …

From The Legal Literature: Automating Police, Francesca Laguardia

Department of Justice Studies Faculty Scholarship and Creative Works

No abstract provided.

Neoliberalism, Violence And Capital Accumulation, Reem M. El Barbary

Theses and Dissertations

This dissertation looks into the violent, self-serving legal (neocolonial) order that revolves around wealth accumulation and the defense and sustainability of the status quo. The starting point and core idea that guides my discussion is the “redemptive” ideological framework and commitment to free market economies and profit-making. I thus look into the narratives upon which an alliance between development, progress, human rights and neoliberalism rests, in a manner that limits and restricts involvement and action; and normalizes and legitimizes suffering, ill-doing and irresponsibility through law. I examine the interdisciplinary and multilayered reality of repression that state sponsored, and supported, bodies …

Destigmatizing Disability In The Law Of Immigration Admissions, Medha D. Makhlouf

Faculty Contributions to Books

In U.S. immigration law, disability has historically been associated with deviance, and has served as the basis for legal barriers to entry and eventual citizenship. For example, immigrants with actual and perceived physical and intellectual disabilities, mental illness, and other health conditions have been deemed “inadmissible” to the United States based on the belief that they are likely to become dependent on the government for support. Although the law has evolved to accommodate immigrants with disabilities in some ways, significant legal barriers still exist on account of the widespread, persistent characterization of disability as a “bad difference” from the norm. …

Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, Ryan Rowberry, Ismat Hanano, Sutton M. Freedman, Michelle Wilco, Cameron Kline

Journal of Comparative Urban Law and Policy

Exacerbated by climate change, sea levels are rising rapidly. This poses a significant, immediate threat to coastal or riverine urban areas and the tangible cultural heritage (e.g. artifacts, buildings, monuments, archaeological sites) that makes them unique. Protecting coastal cultural resources from climate change is quickly becoming a global priority, and comparing cultural heritage laws designed to protect historic resources in coastal areas from several countries may illuminate potential paths forward. Following a brief discussion of the economic and public health benefits arising from the protection of cultural heritage, this article describes, examines, and compares the legal frameworks through which the …

Public Financing Of Elections In The States, Nicholas Meixsell

Honors Theses

In the US, there is a history of the courts striking down campaign finance reform measures as unconstitutional. As such, there are few avenues remaining for someone who is interested in 'clean government' reforms. One such avenue is publicly financed elections, where the state actually provides funding for campaigns. These systems can be quite varied in the restrictions and contingencies they attach to the money, and for examples one has to look no further than the states There are many states that have some form of public financing for elections, and by looking at the different states' systems we are …

College Access For Undocumented Students And Law, Jessica C. Enyioha

Educational Considerations

There are over 32 million undocumented immigrants in the United States and of this population, over 1.5 million are children (Palmer & Davidson, 2011). These children grow up in the US, achieve primary and secondary education, and when they are ready to pursue postsecondary education, it becomes harder for them to achieve. In this paper, undocumented students’ access to postsecondary education in the US is examined: laws that affect their access to postsecondary education, previous cases on access to education for undocumented students, and the difficulties undocumented students often encounter when pursuing postsecondary education are discussed and analyzed. Best practices …

Brackeen V. Zinke, Bradley E. Tinker

Public Land & Resources Law Review

In 1978, Congress enacted the Indian Child Welfare Act to counter practices of removing Indian children from their homes, and to ensure the continued existence of Indian tribes through their children. The law created a framework establishing how Indian children are adopted as a way to protect those children and their relationship with their tribe. ICWA also established federal standards for Indian children being placed into non-Indian adoptive homes. Brackeen v. Zinke made an important distinction for the placement preferences of the Indian children adopted by non-Indian plaintiffs; rather than viewing the placement preferences in ICWA as based upon Indians’ …

Judicious Imprisonment, Gregory Jay Hall

All Faculty Scholarship

Starting August 21, 2018, Americans incarcerated across the United States have been striking back — non-violently. Inmates with jobs are protesting slave-like wages through worker strikes and sit-ins. Inmates also call for an end to racial disparities and an increase in rehabilitation programs. Even more surprisingly, many inmates have begun hunger strikes. Inmates are protesting the numerous ills of prisons: overcrowding, inadequate health care, abysmal mental health care contributing to inmate suicide, violence, disenfranchisement of inmates, and more. While recent reforms have slightly decreased mass incarceration, the current White House administration could likely reverse this trend. President Donald Trump’s and …

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

All Faculty Scholarship

A Review of Dana Brakman Reiser and Steven A. Dean. Social Enterprise Law: Trust, Public Benefit, and Capital Markets. New York: Oxford University Press, 2017, 216 pp., $44.95 (hardback) ISBN 978-0-19-024978-6To appreciate the contribution of Professors Dana Brakman Reiser and Steven A. Dean in their pathbreaking volume on social enterprise law, we must begin by recognizing what we are not discussing. As the authors declare: “social enterprises are not charities” (p. 165). By definition, social enterprises are businesses, and thus not subject to the nondistribution constraint so familiar to nonprofit scholars and practitioners. An impact investor seeks profit, perhaps limited …

Law’S Facilitating Role In The Field Of Social Enterprise., Evelyn Brody

Evelyn Brody

The Systems Fallacy: A Genealogy And Critique Of Public Policy And Cost-Benefit Analysis, Bernard Harcourt

Faculty Scholarship

This essay identifies the systems fallacy: the mistaken belief that systems-analytic decision-making techniques, such as cost-benefit or public policy analysis, are neutral and objective, when in fact they normatively shape political outcomes. The systems fallacy is the mistaken belief that there could be a nonnormative or scientific way to analyze and implement public policy that would not affect political values. That pretense is mistaken because the very act of conceptualizing and defining a metaphorical system, and the accompanying choice-of-scope decisions, constitute inherently normative decisions that are value laden and political in nature. The ambition of decision theorists to render policy …

No Way To Run And "Airline": Surviving An Air Ambulance Ride, Henry Perritt

All Faculty Scholarship

No abstract provided.

Law-Based Arguments And Messages To Advocate For Later School Start Time Policies In The United States, Clark J. Lee, Dennis M. Nolan, Steven W. Lockley, Brent Pattison

Homeland Security Publications

The increasing scientific evidence that early school start times are harmful to the health and safety of teenagers has generated much recent debate about changing school start times policies for adolescent students. Although efforts to promote and implement such changes have proliferated in the United States in recent years, they have rarely been supported by law-based arguments and messages that leverage the existing legal infrastructure regulating public education and child welfare in the United States. Furthermore, the legal bases to support or resist such changes have not been explored in detail to date. This article provides an overview of how …

Women, Migration, And Prostitution In Europe: Not A Sex Work Story, Anna Zobnina

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Emergent Ai, Social Robots And The Law: Security, Privacy And Policy Issues, Ramesh Subramanian

Journal of International Technology and Information Management

The rapid growth of AI systems has implications on a wide variety of fields. It can prove to be a boon to disparate fields such as healthcare, education, global logistics and transportation, to name a few. However, these systems will also bring forth far-reaching changes in employment, economy and security. As AI systems gain acceptance and become more commonplace, certain critical questions arise: What are the legal and security ramifications of the use of these new technologies? Who can use them, and under what circumstances? What is the safety of these systems? Should their commercialization be regulated? What are the …

Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively

Master of Public Administration Practicums

In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical …

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.

A Look At Laws Authorizing Uses Of Conserved And Saved Water In California, Montana, Oregon, And Washington, Cassidy Woodard

Books, Reports, and Studies

28 pages : color illustrations.

Implementation Procedures For Puerto Rico's Environmental Laws, Sara Enid Camerón

Walden Dissertations and Doctoral Studies

In 2004, Puerto Rico's new environmental legislation became part of the penal code with the intention of protecting the island nation's natural resources through criminal prosecution. However, the problem is a dearth of information about the prosecutions of environmental crimes and the law enforcement agent's implementation practices. The purpose of this study was to describe the execution of the law and the few cases prosecuted. Lipsky and Hull and Hjern's theory of implementation were used to help answer the research question: What are the implementation procedures of law enforcement agents on Puerto Rico's environmental crimes law, and what can be …

The Political Implications Of Felon Disenfranchisement Laws In The United States, Katharine G. Connaughton

CMC Senior Theses

This empirical study analyzes the political implications for presidential election outcomes that stem from varying felon disenfranchisement laws within the United States. In the past decade incarceration rates have drastically increased, consequently augmenting the disenfranchised population. This paper focuses on presidential election outcomes and state political party majorities in the election years 2000, 2004, 2008, and 2012. I use demographic characteristics to calibrate assumptions for voter turnout and political party choice among the disenfranchised populations within each state. I then apply these voting populations to historical election outcomes and find that three state political party outcomes change, as well as …