Social and Behavioral Sciences Commons^™

Un País Invertido: The Current Immigration Regime Of Colombia, Magdalena Hendrickson

Honors Theses

Throughout its turbulent history, Colombia has seen drastic changes in structure and administration. From military coups to shaky coalitions, the country’s infamous instability has long forced its citizens to find better prospects elsewhere. However, with the rise of the Maduro administration in Venezuela, Colombia faced a massive new flow of migrants and was forced to rectify current circumstances without properly addressing its internal issues beforehand. Despite its historical status as a nation of emigrants, Colombia marks a new norm for the rest of the globe. As new issues like climate change and increased armed conflict grow worldwide, countries on the …

Differences In French Law Pertaining To Refugees From Former Colonies: A Case Study Of North Africa And Indochina, Lauren Bergin

Honors Theses

Colonial relations between colonizer and colonized are an interesting yet often understudied part of the legal field. This thesis will focus on these links within the relationship between France and two of its former colonies: North Africa and Indochina. In order to discover more information on these relationships, I take a historical approach focusing on legal documents, debates, and decrees, both from the French government and international bodies and representatives such as the United Nations High Commissioner for Refugees. The resulting discoveries show that French legal documents were far more concerned with North Africa compared to Indochina, both regarding asylum …

Book Review: Katell Berthelot. Jews And Their Roman Rivals: Pagan Rome’S Challenge To Israel, Joseph Drew

Comparative Civilizations Review

This is a magisterial work, one which sets high the bar in the comparative study of civilizations. In it, Prof. Katell Berthelot covers the sweep of 600 years, from the second century, BCE, to the fourth century, CE, as she analyzes the extensive impact of Rome on Jewish ideas of law, religion, and peoplehood and, secondarily, the corresponding impact of their rivals, the Jews, on Roman society and history.

Reproductive Justice And Feminism: A Comparative Legal Analysis Of The Policies And Healthcare Systems In The United States And Colombia, Samantha Cooke

Modern Languages, Philosophy and Classics Theses

This thesis seeks to offer a comparative legal analysis of the state of the laws regarding abortion and reproductive autonomy in the United States of America and Colombia. This thesis will first address a brief history of feminism and its origins in the United States and Colombia. It will also analyze the policies held by each respective nation; starting with old legislation and moving to current policies regarding abortion. It will also include a comparison between both the U.S. and Colombia; offering suggestions for the future with regards to potential policy changes. The purpose of this thesis is to demonstrate …

Acid Attacks: An Overview Of Legal Measures And Motivation Trends In India, Pakistan, Bangladesh, Colombia, And Cambodia, Gaia Calcini

Dignity: A Journal of Analysis of Exploitation and Violence

Vitriolage is a form of widespread violence around the world. This research analyzed legislative measures against the practice adopted by India, Bangladesh, Pakistan, Colombia, and Cambodia. The strengths and weaknesses of the different legal systems were examined. Motivational trends on why the violence was committed were reviewed in the literature in these countries. It was found that acid attacks are a form of gender-based violence. Countries where the measures were adopted to prevent attacks but failed to achieve the goal did not consider the attacks as a part of a broader problem. The only country that seems to have achieved …

The Erasure Of Sex: The Global Capture Of Policies On Sex By Gender Identity Activists And The Effects On The Rights Of Women And Girls, Feminists From Europe, Asia, North America, Latin America, And Africa

Dignity: A Journal of Analysis of Exploitation and Violence

This article reviews the goals, history, and impact of the new gender identity politics. Based on the Yogyakarta Principles, these new ideas and policies will profoundly affect the rights of women and girls worldwide. The Principles are a document from an international meeting about sexual orientation and gender identity in 2006. In 2017, the document was updated to the Yogyakarta Principles Plus 10. The Principles recommend legal changes by states worldwide, resulting in the erasure of sex as a legal and cultural category. These principles have been widely used to lobby for legal changes resulting in profound structural …

Othering In Immigration Laws, Andrea Wright, Quenten Jackson, Cesar Raymundo

Immigration Scholarship: History, Trends and Development in Global Immigration

The ethical wrongs in immigration laws severely impact what it means to be an immigrant American citizen. The Hispanic and Latino groups experience “citizenship” in the United States in a way that portrays them as uneducated and poor criminals, and this paper seeks to understand the reasoning behind this unfair reputation. In order to answer questions of ethics and law, this paper begins with studying the root of othering, regarding immigration in the United States. This research paper investigates the evolution of race-based exclusion laws in immigration and focuses on the relationship between these exclusion laws and race hierarchy in …

Domesticated: Migrant Domestic Workers In Jordan And Their Place In Jordan’S Law And Homes, Jeromel Dela Rosa Lara

Independent Study Project (ISP) Collection

The purpose of this study is to bring attention to the labor conditions for migrant women domestic workers and what agency they have in the workplace (the home of their employers) and the law in Jordan. Jordan is considered as having a model labor law for migrant workers in the region. Officials from the Ministry of Labor have claimed that this makes the Kafala System––a system of labor that puts migrant workers under the care, standards, and control of the employer––non-existent in the country. This study will look further on the extent that this is reflected to the experiences of …

Amplification Of Legal Advocacy: Public Health Approaches To Releasing Immigrant Detainees At The Otay Mesa Detention Center, San Diego, California, United States, Kaylin Rosal

Master's Projects and Capstones

This paper reviews the current health practices of Immigration and Customs Enforcement (ICE) detention centers, focusing on asylum seekers housed at Otay Mesa Detention Center (OMDC) located in San Diego, California, United States. Many asylum seekers, or foreign nationals who have been confirmed to have a credible fear of persecution in their home countries, regardless of how they enter the United States, are placed into Federal Immigration and Customs Enforcement detention centers. Two avenues for the release of detainees while they wait for their asylum cases to be heard by an immigration judge are bond and parole applications, the basis …

Study On The Implementation Of The Regulations Of Terrorism Activities In Social Media, Angga Dewanto Basari, Muhammad Syauqillah, Asep Usman Ismail

Journal of Strategic and Global Studies

The legal scope of the Terrorism Law and the Information and Electronic Transactions Law in Indonesia is considered as lacking to cover the problem of cybercrime in social media. Aside from literature review, this paper is also supported by data from direct interview with the Head of Counterterrorism Special Detachment 88 (Densus 88 AT) of Indonesian National Police. The data found out that the Terrorism Law is a repressive response towards terrorism crimes that have already occured, but less preventive to future crimes. The existence of laws in Indonesia is often one step behind its crime. The difference of perception …

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 thus …

School Of Law Annual Report 2019, Singapore Management University

SMU Corporate Reports

It is my pleasure to present you the SMU School of Law’s Annual Report for 2019. This Report highlights all the exciting things that the School has done and the achievements of our faculty members, students and alumni in the past year. As a Law School, our mission is to produce meaningful and impactful research, provide relevant legal training to our students, and apply our expertise to serve the community

Northwest Immigrant Rights Project, Jorge Baron, Maria Kolby-Wolfe, Kristen Smith Dayley, Twila Bird, Tsos

TSOS Interview Gallery

The Northwest Immigrant Rights Program has been around for 35 years, started in 1984 specifically to help Central American refugees during the mid-1980s, when they were fleeing civil wars. A pro-bono group of attorneys performing "direct legal representation", helping low income community members who are navigating different aspects of the immigration system. NWIRP also engages in "systemic advocacy" which attempts to change systems and policies revolving around asylum and immigration rights.

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

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 barriers …

Palestinian Labor In West Bank Settlements, Ethan Morton-Jerome

Graduate 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 years (2013-2016) …

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 marriage …

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 …

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 …

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 they …

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 …

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 …

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

Research Collection Yong Pung How 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 as …

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.

Donna M. Hughes

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

Research Collection Yong Pung How 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 issued …

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 changed.

This …

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 conflicts. …

Mediation, Seng Onn Loong, Dorcas Quek Anderson

Research Collection Yong Pung How 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.