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Full-Text Articles in Social and Behavioral Sciences

Preparing Law Students For The Future Of Work, Technology, And Globalization, Tashfeen Ahmad Aug 2020

Preparing Law Students For The Future Of Work, Technology, And Globalization, Tashfeen Ahmad

Journal of Global Awareness

This paper aims to assist lecturers, universities, and their administrators in improving their law degrees. This is in the context of the future of work. This paper will reflect on how to tailor a law degree to improve the employability of students with this degree. This piece emerged as a viewpoint to identify best practices to prepare a law student for better employability. Significant benefits and opportunities can be unlocked if educators apply and incorporate the findings from this piece. Educators should rethink how they deliver law degrees, keeping in mind the emerging trends in their respective job markets. This ...


Crafting Credibility: The Confirmation Hearings Of Justices Thomas And Kavanaugh, Joseph Sery Jun 2020

Crafting Credibility: The Confirmation Hearings Of Justices Thomas And Kavanaugh, Joseph Sery

The Year in C-SPAN Archives Research

This essay investigates the ways in which credibility is created, maintained, and undermined throughout two similarly controversial Supreme Court confirmation hearings: Justices Clarence Thomas and Brett Kavanaugh. The two case studies provide insight into the ways in which the Senate Judiciary Committee’s process and procedure have changed in some ways and remained the same in others. Drawing from scholarship on the rhetorical situation and image construction/repair, I argue that while the socio-political context has shifted since the Thomas hearing, most notably with the advent of the #MeToo movement, systemic issues remain concerning the obtuse standards required for the ...


Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic Jan 2020

Governing The Internet: The Extraterritorial Effects Of The General Data Protection Regulation, Sasa Jovanovic

Honors Projects

The advent of the commercial Internet has introduced novel challenges to global governance because of the transnational nature of shared data flows, creating interdependence that may result in inter-state cooperation or competition. Data protection laws that are designed to ensure citizens’ right to privacy are one of the primary tool used by states to extend control over data flows. The European Union’s (EU) General Data Protection Regulation (2016) is widely regarded as the strongest data protection law in the world, and therefore may serve as a barrier to the openness of the Internet. The GDPR is both an instance ...


Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus Jan 2020

Political Wine In A Judicial Bottle: Justice Sotomayor's Surprising Concurrence In Aurelius, Christina D. Ponsa-Kraus

Faculty Scholarship

Justice Sotomayor just took sides in the debate over Puerto Rican decolonization. It happened when no one was looking, on June 1, 2020, in Financial Oversight and Management Board for Puerto Rico v. Aurelius Investment, LLC, a case involving an Appointments Clause challenge to the mechanism for selecting the members of the Financial Oversight and Management Board for Puerto Rico (“FOMB”). Although the Court unanimously upheld the appointments, Justice Sotomayor wrote separately to address an issue not raised by the parties, but directly relevant to a bitter, longstanding, and high-stakes political debate: the debate over Puerto Rican decolonization. According to ...


Lawyers And Law Graduates In Parliaments As A Consequence Of Smd Electoral Systems: Comparing Japan, South Korea, And Germany, Devin K. Joshi Nov 2019

Lawyers And Law Graduates In Parliaments As A Consequence Of Smd Electoral Systems: Comparing Japan, South Korea, And Germany, Devin K. Joshi

Research Collection School of Social Sciences

This study addresses the question of why so many of the world’s legislators are lawyers or law graduates. Drawing from previous studies on lawyer-legislators and electoral systems, it develops the argument that ‘first-pass-the-post’ single-member district electoral systems presume a principal-agent logic of representation and are therefore conducive to political parties selecting representatives with either occupational experience or educational training in the field of law. By contrast, proportional representation (PR) elections presume a microcosm model of representation incentivizing parties to select candidates representing diverse demographic and occupational backgrounds. This conjecture is tested by examining legislator backgrounds in three large parliaments ...


Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran Sep 2019

Notoriously Ruthless: The Idolization Of Justice Ruth Bader Ginsburg, Lucille Moran

Political Science Honors Projects

It is now a fixture of mainstream commentary in the United States that Supreme Court Justice Ruth Bader Ginsburg has become a popular idol on the political left. Yet, while Justice Ginsburg’s image and story has reached an unprecedented level of valorization and even commercialization, scholars have yet to give sustained attention to the phenomenon and to contextualize it: why has this idolization emerged within this context, and what is its impact? This paper situates her portrayal in the cultural imagination as the product of two political forces, namely partisanship and identity politics. Considering parallel scholarly discourses of reputation ...


Public Financing Of Elections In The States, Nicholas Meixsell Jun 2019

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 ...


President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser Apr 2019

President Trump And Civil Litigation: Executive Immunity And The Emoluments Clause, Hayley Kaiser

Honors Theses, University of Nebraska-Lincoln

President Trump has become immersed in civil litigation since announcing his candidacy for the United States presidency. These lawsuits, which include assertions of presidential immunity under state jurisdiction and claims of constitutional violations under the Emoluments Clauses, present unique legal concerns that have never been challenged in the Supreme Court. Precedent shows that the president has never been exempt from the judicial process for his unofficial actions, although this may have led to unforeseen consequences. An evaluation of the history of the Emoluments Clauses leads to the conclusion that the Framers wanted to prevent outside influence on the United States ...


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 ...


Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head Feb 2019

Shared Deliberations: Learning From The Voices Of Social Justice Lawyers On Their Aspirations, Challenges And Roles, Ian Head

Dissertations, Theses, and Capstone Projects

Lawyers in the U.S. who attempt to advocate for social justice issues, often on behalf of those communities most targeted by government institutions and oppressive legal systems, have unique perspectives into the challenges of using the law to create transformative change. This thesis examines the voices of over a dozen attorneys fighting not only on behalf of their clients, but also wrestling with how to best use a set of legal tools not meant for dismantling systems of power. Listening to how these legal advocates navigate their roles inside a system of laws created to consolidate rather than distribute ...


Constraint And Control, Patricia Ayres Feb 2019

Constraint And Control, Patricia Ayres

School of Arts & Sciences Theses

I have long considered themes of the body. Drawing on my knowledge as a fashion designer, I bring materials and hardware from the fashion industry into my artwork transforming and rendering them non-functional. My sculptures relate to stories of isolation, separation, and confinement. The following pages will analyze how the United States penal system controls, constrains and restricts the body through physical and psychological wounds. Furthermore, they will examine how the Catholic Church controls people’s minds and behavior through a ritualistic belief system.


How Asylum Policy In France Contributes To A Gap In Perceptions Between French Nationals And Asylees, Caitlin Chenus Jan 2019

How Asylum Policy In France Contributes To A Gap In Perceptions Between French Nationals And Asylees, Caitlin Chenus

Honors Theses at the University of Iowa

Abstract

Asylum seekers in France are suffering both socially and economically due to a legal structure in place that blocks them from obtaining work during the first six months of their asylum claim processing. Interviews conducted during the summer of 2018 with French nationals, refugees and asylum seekers indicates that if asylum seekers were granted access to work after one month or less, negative attitudes between migrants and French nationals would be drastically reduced.

The six month timeline is new. Until September 10th, 2018, asylum seekers had to wait nine months before being allowed to search for work. If lawmakers ...


Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein Jan 2019

Who Runs The World: The Impact Of The Gender Of Clerks On The Legal Profession, Taylor Bernstein

Honors Theses

This paper investigates the role of gender on law clerks from the federal appellate clerks. There has been significant scholarship on the importance of the gender of judges and on the role and influence of law clerks; however, to this date there has been no analysis of how the gender of law clerks may or may not influence the clerkship experience. This honors thesis seeks to address that question and shed light on important aspects of the federal judiciary and the legal profession. I have approached this inquiry through descriptive and qualitative analysis, focusing on law clerks from this millennium ...


Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh Jan 2019

Governments' Adoption Of Native Cryptocurrency: A Case Study Of Iran, Russia, And Venezuela, Rose Mahdavieh

Honors Undergraduate Theses

The emergence of digital currency is becoming prevalent in the age of globalization – specifically, cryptocurrencies. Cryptocurrencies and blockchain are two recently discovered concepts currently being explored by researchers and developers. Cryptocurrency is a subset of digital currency that encompasses revolutionary technology, shifting political and economic spheres in nation-states. Certain governments are more prone to the adoption of cryptocurrencies and three comparative case study countries, Iran, Russia, and Venezuela, have shared attributes that result in adoption. Observed factors that result in the adoption of cryptocurrencies include corruption, GDP level, economic volatility, and Western sanctions. These factors will be applied in the ...


Sexual Mutilation Of Muslim Girls, Today In The United States, Robert Brannon Jan 2019

Sexual Mutilation Of Muslim Girls, Today In The United States, Robert Brannon

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


S02, E02: Eviction Part 2 – The Longer Take, Nia Rodgers, Katheryn Howell, Benjamin Teresa, Donna Coghill Jan 2019

S02, E02: Eviction Part 2 – The Longer Take, Nia Rodgers, Katheryn Howell, Benjamin Teresa, Donna Coghill

Civil Discourse Podcast

This podcast is a continuation of the podcast Eviction Part 1. It discusses cases of eviction, how the instability of housing impacts individuals and neighborhoods, section eight and how eviction is just the latest form of dispossession of people. It looks at neighborhoods in Richmond that have seen instability in some form over the last 100 years.


Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger Jun 2018

Authority, Legitimacy, And The Obligation To Obey The Law, Richard Dagger

Political Science Faculty Publications

According to the standard or traditional account, those who hold political authority legitimately have a right to rule that entails an obligation of obedience on the part of those who are subject to their authority. In recent decades, however, and in part in response to philosophical anarchism, a number of philosophers have challenged the standard account by reconceiving authority in ways that break or weaken the connection between political authority and obligation. This paper argues against these revisionist accounts in two ways: first, by pointing to defects in their conceptions of authority; and second, by sketching a fair-play approach to ...


Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao Jun 2018

Deference To Deference: Examining The Relationship Between The Courts And The Political Branches Through Judicial Deference And The Chevron Doctrine, Christopher Yao

Honors Theses

Judicial review of agency rulemaking sits atop a nexus between all three branches of American government, the legislature, the executive, and the judiciary. Chevron v. NRDC (1984), a landmark case in administrative law, and its resulting doctrine of strong judicial deference to agencies in their interpretations of statute, are paradoxical in their creation. Although Chevron was decided at the height of Reagan-era deregulation, it greatly enhanced the power of administrative agencies, allowing them to reinterpret the meaning of their statutory directives as needed to justify changes to regulations with less scrutiny from the courts. It is only in recent years ...


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 ...


Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang Sep 2017

Liberal Translations: Secular Concepts, Law, And Religion In Colonial Egypt, Jeffrey Culang

Dissertations, Theses, and Capstone Projects

This dissertation is a conceptual history of Egypt’s national formation between the 1880s and the 1930s. This period involved the convergence of nationalism, colonial rule, missionary activity, and new modes of governance at the national and international levels. Drawing on state and missionary archival material, periodicals, legal compendia, laws, and parliamentary transcripts, and adapting methods developed by Reinhart Koselleck, I trace shifts within Egypt’s socio-political lexicon through processes of translation and demonstrate their effects upon social experience and political aspiration. I focus on a set of liberal-secular concepts critical to national politics—religious freedom, public interest, nationality, and ...


Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews Aug 2017

Connected Courts: The Diffusion Of Precedent Across State Supreme Courts, Abigail Anne Matthews

Theses and Dissertations

State supreme courts are autonomous institutions with significant power. Yet, despite this authority, state supreme courts routinely rely on one another to explain why and how they reached their decisions. This puzzle of why state supreme courts cite each other in their opinions led me to pose two questions. First, under what conditions do state supreme courts cite other states supreme courts? And second, to whom do they turn for guidance? To answer these questions, I propose a new theory for evaluating state supreme court citations, the social learning model. I borrow policy diffusion’s learning mechanism and I pair ...


Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi Apr 2017

Female Autonomy: An Analysis Of Privacy And Equality Doctrine For Reproductive Rights, Elizabeth Levi

Political Science Honors Projects

What is the constitutional basis for women’s equality? Recently, scholars have suggested that as the right to privacy has floundered against the political undoing of women's access to abortion, equal protection arguments have grown stronger. This thesis investigates the feminist utility and limits of the equality and privacy arguments. Taking liberal feminism and feminist legal theory as analytical lenses, I offer interpretations of gender discrimination, reproductive rights, and marriage equality case law. By this framework, I argue that while an equality argument is less inherently oppressive towards women than the privacy doctrine, equality doctrine has been constructed thus ...


Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes Mar 2017

Shattering The Hire Ceiling: Why Disproportionately Few Women Are Partners At Large Law Firms, Eryn M. Hughes

CUREJ - College Undergraduate Research Electronic Journal

Despite graduating from top law schools and getting hired as associates at competitive law firms at the same rate as men, women are still disproportionately underrepresented in partnership positions in Big Law. This paper investigates supply-side and demand-side explanations for this phenomenon. Through interview-based research and a survey of 437 attorneys, I identify the major contributing factors to this persistent gender gap. My research shows that while women are taking on more at home with regard to childcare and housework than their male colleagues, they are not significantly more interested than men in leaving large law firms despite extant scholarship ...


A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais Jan 2017

A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais

Articles in Law Reviews & Other Academic Journals

Yemen's 2013-2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related ...


Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner Jan 2017

Render Unto Caesar: How Misunderstanding A Century Of Free Exercise Jurisprudence Forged And Then Fractured The Rfra Coalition, John S. Blattner

CMC Senior Theses

This thesis provides a comprehensive history of Supreme Court Free Exercise Clause jurisprudence from 1879 until the present day. It describes how a jurisdictional approach to free exercise dominated the Court’s rulings from its first Free Exercise Clause case in 1879 until Sherbert v. Verner in 1963, and how Sherbert introduced an accommodationist precedent which was ineffectively, incompletely, and inconsistently defined by the Court. This thesis shows how proponents of accommodationism furthered a false narrative overstating the scope and consistency of Sherbert’s precedent following the Court’s repudiation of accommodationism and return to full jurisdictionalism with Employment Division ...


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 ...


Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman Jun 2016

Faith And Foreign Policy In India: Legal Ambiguity, Selective Xenophobia, And Anti-Minority Violence, Chad M. Bauman

Chad M. Bauman

As a secular democracy, India’s constitution enshrines relatively robust safeguards for religious equality and freedom. Article 25 provides all citizens the right to “freely profess, practice, and propagate” religion, and avoids assigning to Hinduism any special role or explicit privilege (in contradistinction to the situation with Buddhism in Sri Lanka, for example). Moreover, the Indian government itself has not generally engaged in any systematic or flagrant way in the direct persecution or oppression of its religious minorities.
However, India’s religious minorities do face certain challenges. Among them are several legal and judicial issues. Judicial rulings in independent India ...


Learning From Trayvon: Lessons And Implications For Police Organizations And Leaders, Megan Lepere-Schloop, Joseph H. Lumpkin Chief Of Police May 2016

Learning From Trayvon: Lessons And Implications For Police Organizations And Leaders, Megan Lepere-Schloop, Joseph H. Lumpkin Chief Of Police

Journal of Public Management & Social Policy

Critical incidents like the Martin-Zimmerman encounter prompt us to examine not only the specifics of a particular episode, but also broader questions that hopefully illuminate a path leading to meaningful change. This reflective piece draws on the professional experiences of a highly effective and respected African-American Police Chief to examine some of these broader questions. Chief Joseph H. Lumpkin is a 43-year law enforcement veteran who was recently appointed Chief of the Savannah-Chatham Metropolitan Police Department in Georgia. Before moving to Savannah he served as Chief of the Athens-Clarke County Police Department, an agency that solves violent crimes at a ...


Democratization In The Arab World: A Moroccan Case Study Of Culture, Religion, And Governance, Marwah Al-Jilani Apr 2016

Democratization In The Arab World: A Moroccan Case Study Of Culture, Religion, And Governance, Marwah Al-Jilani

Independent Study Project (ISP) Collection

Democracy and Islam are generally assumed as incompatible, which leads to further assumptions towards the notion that democracy in Muslim majority states can not be reconciled. The presence of a religious political culture appears as the main hindrance for sound democratic structures. However, it appears that the absence stems from other prominent factors. This paper extends the rhetoric that Islam and democracy can be compatible and a lack of democracy is dependent on specific authoritarian structures. Morocco, a Muslim majority state that is going through democratization offers data to gauge whether or not democratic practice is present within the general ...