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Full-Text Articles in Social and Behavioral Sciences

At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas Jan 2020

At The Mercy Of The Mexican Supreme Court: The Implications Of Party Capability On Indigenous People's Cases, Alan Cardenas

Open Access Theses & Dissertations

Indigenous Peoples in Mexico have long struggled in securing their rights in colonizing states. Applying party capability theory, this paper seeks to empirically understand the Mexican Supreme Court's behavior in cases pertaining to Indigenous Peoples. This paper thus evaluates the degree to which the Mexican Supreme Court is indeed an impartial actor that produces "equal protection under the law" for everyone (Galanter, 1974). Specifically, this paper examines the questions: To what extent does the Mexican Supreme Court protect Indigenous Peoples' rights? Are Indigenous Peoples legally affected by the power disparity perpetuated by the inequality in the country? This paper ...


School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University Jul 2019

School Of Law Annual Report 2018: Embracing Change In An Evolving World, Singapore Management University

SMU Corporate Reports

The Annual Report highlights the School of Law’s modest achievements and developments over the past year, as well as the substantive impact of these initiatives.


Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson Mar 2019

Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson

2019 Symposium

As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal ...


Palestinian Labor In West Bank Settlements, Ethan Morton-Jerome May 2018

Palestinian Labor In West Bank Settlements, Ethan Morton-Jerome

Theses and Dissertations

Since the late 1970s, Palestinians have worked in West Bank settlements, with approximately 30,000 to 40,000 Palestinians currently employed in construction, factories in industrial zones, and plantations. My analysis of Palestinian labor on the settlements begins with the historical, political, legal, and economic context of Palestinian labor in three jurisdictions: in Israel, on the settlements in the West Bank, and in PA-controlled Area A. Fundamental to the analysis is to go beyond the restrictions of nationalist discourse to recognize both intranational tensions and that labor exploitation occurs in all jurisdictions. My fieldwork and analysis were conducted over three ...


Causes And Consequences Of Child Marriage Among Syrian Refugee Populations In Jordan: An Investigation Of Perceptions., Alex Buckman Apr 2018

Causes And Consequences Of Child Marriage Among Syrian Refugee Populations In Jordan: An Investigation Of Perceptions., Alex Buckman

Independent Study Project (ISP) Collection

This study examined the perceived causes of child marriage among Syrian refugee populations in Jordan and investigated its perceived consequences. Further, perceptions of mothers with school-aged children were compared to the opinions of children themselves. Through interviews with both target populations, along with an analysis of the responses of humanitarian activists and organizations to Jordan’s marriage law, the reality of child marriage within the country was ascertained. In conducting interviews, the data showed that many believed child marriage to be a normal occurrence in Syria, at least since the beginning of the war, with only two interviewees believing child ...


Tribal Law At The Crossroads Of Modernity: A Study On Jordanian Attitudes Towards Jalwa, Danielle Sutton Apr 2018

Tribal Law At The Crossroads Of Modernity: A Study On Jordanian Attitudes Towards Jalwa, Danielle Sutton

Independent Study Project (ISP) Collection

This research aims to examine Jordanian attitudes towards the tribal law practice of Jalwa and its recent reform. The study specifically focuses on the role of modernization in shaping these attitudes. Historical literature and social constructivist theories are used to inform and contextualize this approach. To measure modernization’s impact, a two-dimensional framework was developed that compares opinions across generations (isolating change over time) and across region of upbringing (change over space). Subsequently, there are two hypotheses guiding this research. The first argues that youth see jalwa less favorably than the older generation and thus lend greater support to the ...


Managing Ambiguous Amphibians: Feral Cows, People, And Place In Ukraine’S Danube Delta, Tanya Richardson Jan 2018

Managing Ambiguous Amphibians: Feral Cows, People, And Place In Ukraine’S Danube Delta, Tanya Richardson

Anthropology Faculty Publications

This paper analyzes how a herd of feral cattle emerged in the core zone of Ukraine’s Danube Biosphere Reserve and why it still exists despite numerous challenges to the legality of its presence there. Answering these questions requires an analytical approach that begins from the premise that animals, plants, substances, documents, and technologies are active participants in making social and political worlds rather than passive objects of human intervention and manipulation. Drawing together insights from multispecies ethnography, animal geography, amphibious anthropology, and studies of nature protection in former Soviet republics, the author argues that the feral cattle exist because ...


Asilo Para Las Mujeres: The Hesitation To Recognize Women As A Particular Social Group Under U.S. Asylum Legislation And Its Effects On The Central American Migrant Crisis Of Women, Yamilet Eliezet Cortes Gil Jan 2018

Asilo Para Las Mujeres: The Hesitation To Recognize Women As A Particular Social Group Under U.S. Asylum Legislation And Its Effects On The Central American Migrant Crisis Of Women, Yamilet Eliezet Cortes Gil

Senior Projects Spring 2018

Under U.S. Asylum Law a person can seek protection by proving that they have been subject to persecution on account of their : 1) political opinion 2) race 3) religion 4) nationality 5) membership in a particular social group (Nexus)[1]. The Board of Immigration Appeals (BIA), Federal Circuit Courts, and the Supreme Court continue to hesitate to establish “women” as a particular social group that faces persecution. The current Central American migrant crisis of women is the first challenge of this magnitude to U.S. asylum law rethinking its stance on qualifying women as a particular social group. I ...


Flap Of A Butterfly's Wings, Gary E. Rotter Ii Jan 2018

Flap Of A Butterfly's Wings, Gary E. Rotter Ii

Dissertations and Theses

The goal of this thesis is to draw attention to the often overlooked work that is done by activists and their networks when it comes to influencing international policy and law. The case study looks at the “Comfort Women” issue, an unresolved conflict from when the Japanese Imperial Army forced women from its colonies into sexual slavery during World War II. It is a fiercely debated topic throughout Asia, specifically between South Korea and Japan. Here I argue that not only do non-state actors have great influence over the debate and direction this issue takes in international forums, but that ...


Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas Apr 2017

Life In Purple: An Exploration Of Moroccan Lgbt+ Identity And Migration, Olivia Leone Nicholas

Independent Study Project (ISP) Collection

Currently, homosexuality is criminalized in Morocco under the Moroccan Penal Code Article 489 and most Moroccans view homosexuality as haram, prohibited by god. The LGBT+ community faces religious, legal and social pressures and persecution. Still, LGBT+ people continue to fight for their right to exist in Morocco and activists are working to protect members of the community from legal prosecution as well as form safe spaces for their community. At the same time, many members of the LGBT+ community in Morocco must emigrate to live their lives both honestly and safely. This paper aims to explore the current circumstances of ...


Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li Mar 2017

Weak Law V Strong Ties: An Empirical Study Of Business Investment, Law And Political Connections In China, Wei Zhang, Ji Li

Research Collection School Of Law

Based on a large-scale survey of Chinese entrepreneurs, our study explores how institutions (formal and informal) influence investment decisions made by private companies. The study finds that, consistent with the conventional view, a more effective legal system is correlated with short-term general investment, and that the judiciary is important mainly because of its restraint over the state. The role of effective courts, however, diminishes when private entrepreneurs consider making long-term investment. We find a positive association between the entrepreneurs’ political backgrounds and their R&D investment, suggesting that Chinese courts, in spite of decades of reform, are not yet viewed ...


University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr. Oct 2016

University Of Rhode Island Presentations At Interdisciplinary Conference On Human Trafficking, Donna M. Hughes Dr.

Donna M. Hughes

No abstract provided.


Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr. Sep 2016

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

Since the Korean War and permanent stationing of U.S. troops in the Republic of Korea (ROK), U.S. servicemen stationed in the ROK have purchased sex from women trafficked domestically and across international borders to work in bars and clubs surrounding U.S. military bases. For decades, the Department of Defense (DoD) and United States Forces Korea (USFK) denied that U.S. servicemen purchased sex and did not enforce the Uniform Code of Military Justice, Article 138-34 Pandering and Prostitution, which states that buying sex is illegal and punishable by military law. The DoD and USFK did not connect ...


A Critical Analysis Of The Public Sphere: How The Lgbtq Movement Utilizes And Occupies Space In Morocco, Katherine Hirsch Apr 2016

A Critical Analysis Of The Public Sphere: How The Lgbtq Movement Utilizes And Occupies Space In Morocco, Katherine Hirsch

Independent Study Project (ISP) Collection

This paper examines the nature of the LGBTQ movement in Morocco in relation to the theoretical concept of the public sphere. Specifically, it explores what spaces LGBTQ organizations, which do not have access to the public sphere in Morocco, occupy in order to pursue activism. Theory surrounding the public sphere and collective social movements is very much based on a Western perspective, despite claims of universalism. Western theory defines modern social movements by collective action, a unified movement, occupying and the public sphere as a site of resistance. However, this fails to recognize the fact that many people in semi-authoritarian ...


Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang Jan 2016

Corporate Reorganisation Of China's Listed Companies: Winners And Losers, Zinian Zhang

Research Collection School Of Law

This article is the first empirical study investigating the corporate reorganisation of Chinese domestically-listed companies. Through examining these cases, it challenges the assertion made by most of these corporate reorganisation plans and by Chinese state-run media reports that creditors and general public shareholders were the major beneficiaries. Through an analysis of the data generated from all forth-three such cases, this articles reveals that: First, unsecured creditors could have, on average, received 61.37% more of their claims if the fundamental value distribution principle, the absolute priority norm, could have been complied with in these reorganisations; Second, if the general-public-shareholder-protection scheme ...


Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño Dec 2015

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society ...


The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko Aug 2015

The Right To Self-Determination Of A People: A Twailian Analysis Of Icj Decisions In Cameroon V. Nigeria, East Timor, And Western Sahara Cases, Ngozi Sunday Nwoko

LLM Theses

The various post-colonial armed conflicts bedeviling Third World States have claimed numerous lives and properties, drained its resources, displaced millions and have put the territory’s development move on the reverse gear. This thesis, from the theoretical perspective of Third World Approaches to International Law (“TWAIL”) is a contribution to the various on-going discussions on the roles that colonialism played in triggering bitter conflicts, confusion, and unhealthy rivalries amongst Third World peoples. Not losing sight of the internal dimensions to these conflicts, the thesis also examines the degree of contributions by some power-drunk and despotic Third World governments to these ...


Mediation, Seng Onn Loong, Dorcas Quek Anderson Apr 2015

Mediation, Seng Onn Loong, Dorcas Quek Anderson

Research Collection School Of Law

The mediation movement in Singapore was actively revived in the 1990s. Currently, mediation is not only used for private disputes but forms an integral part of the Singapore legal system. It is widely used as a mechanism of dispute resolution in courts, government departments, businesses and other specific industries.


Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan Jan 2015

Singapore Law Ready To Influence The Development Of Law Elsewhere, Yihan Goh, Paul Tan

Research Collection School Of Law

Change is here. If this was not evident from the speech of Chief Justice Sundaresh Menon at his welcome ceremony three years ago, it is now. In three short years, Singapore is leading Asia - possibly the world - in the provision of not only legal services but also intellectual capital and resources. The speed of these developments should not be surprising. As Attorney-General V.K. Rajah observed at the Opening of the Legal Year this month, Singapore's law and legal system has come a long way in a short time. The story of the Singapore legal system thus far can ...


No Blood In The Water: The Legal And Gender Conspiracies Against Countess Elizabeth Bathory In Historical Context, Rachael Leigh Bledsaw Feb 2014

No Blood In The Water: The Legal And Gender Conspiracies Against Countess Elizabeth Bathory In Historical Context, Rachael Leigh Bledsaw

Theses and Dissertations

This thesis explains and discusses the conspiracies reported against the Hungarian noblewoman, Countess Elizabeth Bathory, regarding her confinement and the arrest of her accomplices in December 1610. The conspiracies state that the Countess was unjustly targeted and charged not because she was guilty of the deaths of several dozen girls from torture, but because she represented a threat to the Hapsburg Empire due to her wealth, her political influence, and her widowhood. This thesis explores the rationality of these two conspiracies using historical context regarding the position of noblewomen in Central and Eastern Europe and the function and use of ...


Does Brazil Have The Right To Truth?, Glafira A. Marcon Jun 2013

Does Brazil Have The Right To Truth?, Glafira A. Marcon

The Macalester Review

Brazil established its first truth commission in November 2011, which seeks to uncover the human rights abuses committed during the military dictatorship from 1964 to 1985. Although no international treaty or convention explicitly recognizes the right to truth, regional precedent suggests that it is a human rights norm. The Truth Commission faces the following barriers: the Amnesty Law protects perpetrators of human rights violations on either side of the conflict, tensions exist between the Brazilian Supreme Court and the regional human rights court, and politically strong military officials still present in the Brazilian government actively block the Truth Commission’s ...


Indigenous Women And Violence In Colombia Agency, Autonomy, And Territoriality, Clara Irazabal, Marcela Tovar-Restrepo Jan 2013

Indigenous Women And Violence In Colombia Agency, Autonomy, And Territoriality, Clara Irazabal, Marcela Tovar-Restrepo

Clara Irazabal

The violence and de/reterritorializing strategies used by armed groups in Colombia disproportionally affect indigenous peoples, especially indigenous women, whose ethno-gender roles, forms of territoriality, agency, and autonomy are being altered. Conflict and new forms of territoriality restrict the satisfaction of ethno-gender-based material needs and interests, with negative impacts on women’s own and their families’ lives. At the same time, they offer some women new roles, agency, and autonomy and empowerment through individual and collective action. Policy makers should strive to open up these windows of opportunity for indigenous women while protecting them from the depredations of war.


Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang Sep 2012

Housing And Development Board Flats, Trust And Other Equitable Doctrines, Hang Wu Tang

Research Collection School Of Law

Although 85% of the population of Singapore reside in Housing and Development Board (HDB) flats, this area of the law remains largely under investigated. A perennially contentious issue is the complex interplay between equitable doctrines and the Housing and Development Act. In this article, the author reviews the jurisprudence pertaining to express trust, resulting trust and common intention constructive trust and the HDB flat. This article will also examine the applicability of other equitable doctrines such as donatio mortis causa and proprietary estoppel in relation to the HDB flat. In particular, this article will explore the applicability of the common ...


Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari Jan 2011

Colonial And Post-Colonial Human Rights Violations In Nigeria, Alka Jauhari

Government Faculty Publications

Nigeria has a long history of violation of human rights. It is commonly believed that human rights violations in Nigeria have colonial roots. In an effort to consolidate and expand their power, the British colonial masters grossly violated the rights of the people in Nigeria. But even 50 years after independence, the Nigerian citizens continue to face constant violations of their basic rights. After independence, Nigeria has experienced a mix of periods of military and civilian rule. The military rule in Nigeria became a symbol of complete authoritarianism. After every military coup, the government suspended the constitution and, thus, absolved ...


Accounting For Absence: The Colombian Paramilitaries In U.S. Policy Debates, Winifred Tate Dec 2009

Accounting For Absence: The Colombian Paramilitaries In U.S. Policy Debates, Winifred Tate

Winifred L. Tate

Big, attention-grabbing numbers are frequently used in policy debates and media reporting: "At least 200,000-250,000 people died in the war in Bosnia." "There are three million child soldiers in Africa." "More than 650,000 civilians have been killed as a result of the U.S. occupation of Iraq." "Between 600,000 and 800,000 women are trafficked across borders every year." "Money laundering represents as much as 10 percent of global GDP." "Internet child porn is a $20 billion-a-year industry."

Peter Andreas and Kelly M. Greenhill see only one problem: these numbers are probably false. Their continued use ...


Suspect Until Proven Guilty, A Problematization Of State Dossier Systems Via Two Case Studies: The United States And China, Kenneth N. Farrall Dec 2009

Suspect Until Proven Guilty, A Problematization Of State Dossier Systems Via Two Case Studies: The United States And China, Kenneth N. Farrall

Publicly Accessible Penn Dissertations

This dissertation problematizes the "state dossier system" (SDS): the production and accumulation of personal information on citizen subjects exceeding the reasonable bounds of risk management. SDS - comprising interconnecting subsystems of records and identification - damage individual autonomy and self-determination, impacting not only human rights, but also the viability of the social system. The research, a hybrid of case-study and cross-national comparison, was guided in part by a theoretical model of four primary SDS driving forces: technology, political economy, law and public sentiment. Data sources included government documents, academic texts, investigative journalism, NGO reports and industry white papers. The primary analytical instrument ...


The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang Sep 2009

The Networked Electorate: The Internet And The Quiet Democratic Revolution In Malaysia And Singapore, Hang Wu Tang

Research Collection School Of Law

This paper is intended to be a contribution to the literature on claims of the democratising effect of the Internet. The paper begins by setting out the arguments and also critiques of claims of the democratising power of the Internet. In order to test the validity of these arguments, the author will undertake a comparative study of the impact of the Internet on recent general elections in Malaysia and Singapore. The study will demonstrate that in the case of Singapore, the Internet has merely exerted some pressure on the pre-existing laws and state-imposed norms governing free speech; in contrast, in ...


De La Fiction Criminelle En Afrique. Relecture Des Films D’Ousmane Sembène, Alexie Tcheuyap Dec 2008

De La Fiction Criminelle En Afrique. Relecture Des Films D’Ousmane Sembène, Alexie Tcheuyap

Présence Francophone: Revue internationale de langue et de littérature

For institutional, ideological and even sociological reasons, the detective genre had difficulty rising to prominence within literatures and especially within the field of African cinema. If one observes today its shy emergence in the works of some West African film directors and within popular Nigerian video films, it is nonetheless possible, thanks to a finer scrutiny of theories developed on the subject, to realize that some films by Ousmane Sembène contain aesthetic strategies that allow for a fresh assessment of the works of a director whose films were often reduced to their ideological aspects. This second reading also unravels the ...


The Mystery Of Capital Formation In Sub-Saharan Africa: Women, Property Rights And Customary Law, Sandra F. Joireman Jan 2008

The Mystery Of Capital Formation In Sub-Saharan Africa: Women, Property Rights And Customary Law, Sandra F. Joireman

Political Science Faculty Publications

Economists such as Hernando De Soto have argued that clearly defined property rights are essential to capital formation and ultimately to economic growth and poverty alleviation. This article traces two impediments to the clear definition of property rights in the African context: customary law and the status of women. Both of these issues interfere with the attempt of African countries to rearticulate property law with the goal of capital formation. Constructive attempts to define property rights must address the problem of enforcement in under-resourced environments where changes may not be welcomed.


Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams Jan 2008

Rules Of Engagement: Seeking Moral And Legal Sufficiency In The 21st Century, Tanner Williams

Global Tides

Modern conflict in Iraq and Afghanistan has proved to be unlike any other conflict in history. United States and Coalition forces are faced with an insurgent enemy that defies all pre-established Laws of Armed Combat. As we transition from a wartime operations to a peacekeeping environment, it is important to reflect upon the moral and legal struggles that our soldiers face in the line of duty. Certainly, it cannot be easy to distinguish between lawful or unlawful combatants and innocent civilians in a war that lacks a clearly defined enemy. As a result, it is necessary to examine our rules ...