Social and Behavioral Sciences Commons^™

A Public Humanity: The Application Of Isotopic Analysis To The Intersection Between Body And Law At The Milwaukee County Poor Farm Cemetery, Shannon Kate Freire

Theses and Dissertations

The Milwaukee County Poor Farm Cemetery is an umbrella term used to describe the four cemeteries that were used by Milwaukee County from 1878 through 1974 for the burial of the indigent, unclaimed, institutionalized, and anatomized. Three of these cemeteries remain undisturbed. The primary focus of this research is the twice-excavated Cemetery II (Wisconsin Burial Site 47BMI0076), in use between 1882 and 1925. Archaeological excavations in 1991-1992 and again in 2013 resulted in the recovery of over 2,400 individuals from this cemetery location.

In Wisconsin, legislative efforts to govern indigent burial and dissection mediated competing aspirations between medical education and …

Finding The Jury: State Legislative Responses To Blakely V. Washington, Don Stemen, Daniel F. Wilhelm

Don Stemen

No abstract provided.

Aggravated Sentencing: Blakely V. Washington, Jon Wool, Don Stemen

Don Stemen

No abstract provided.

Looking At Justice Through A Lens Of Healing And Reconnection, Annalise Buth, Lynn Cohn

Northwestern Journal of Law & Social Policy

No abstract provided.

Panel Discussion: Expanding Our Conception Of Justice

Northwestern Journal of Law & Social Policy

No abstract provided.

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 the minority—as they …

The History And Rationale Of Swedish Prostitution Policies, Sven-Axel Månsson

Dignity: A Journal of Analysis of Exploitation and Violence

This article analyses the history and rationale behind “the Swedish model” of regulating prostitution. The most controversial and debated part of this model is the 1999 ban on purchases of sexual services. To be fully understood the ban and the comprehensive policy regime of which it is a part, the new model has to be placed within a broader framework of policy areas such as gender, sexuality, and social welfare. Thus, the contemporary policy regime will be traced back to the mid-1970s when gender norms and sexual mores were renegotiated in Sweden, which in turn led to a radical reconsideration …

Cedarville Named Best Christian College In Ohio For Law-Related Degrees, Mark D. Weinstein

News Releases

Christian Universities Online (CUO) recently named Cedarville University as the top Christian school for law-related degrees in Ohio. CUO assembled its 2017 Top Ten Christian Law School list based on reviews of majors such as political science, government and criminal justice.

The First Special Issue Of Dignity, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman

Dignity: A Journal of Analysis of Exploitation and Violence

No abstract provided.

Getting Somewhere: People V. Turner (2016) And The Efficacy Of Survivor Narratives, Gheorghe L. Williams

Capstone Projects and Master's Theses

An examination of the narrative and rhetorical techniques employed in survivor narratives, and how these have been necessitated by legal biases and unjust social and cultural practices.

Book Review Essay: Pimp State: Sex, Money, And Equality By Kat Banyard, Christopher Adam Bagley

Dignity: A Journal of Analysis of Exploitation and Violence

In this strongly recommended book, Banyard effectively demolishes six myths which defenders of unregulated commercial sexual exploitation of girls and women offer: 1) “Demand for sex work is inevitable; 2) Being paid for sex is regular service work; 3) Porn is fantasy; 4) Objecting to the sex trade makes you a pearl-clutching, sexually conservative prude; 5) Decriminalizing the entire prostitution trade makes women safe; and 6) Resistance is futile.” I add to Banyard’s analysis my views on the following topics: 1) the sexual exploitation of minors as an essential part of the commercial sex industry; 2) recent Canadian experience in …

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 far to …

The Retirement Strategy Of Supreme Court Justices: An Economic Approach, Kayla M. Joyce

Honors Scholar Theses

Previous research has identified strategic behavior in the nomination, confirmation, and retirement processes of the Supreme Court, each independently. This paper analyzes the interaction between the justices, the president, and the Senate in these processes. I constructed a game theoretic model to consider the nomination and approval process of Supreme Court justices and the change in dynamics that might result from an impending election. I hypothesize that sitting justices take into account the party affiliations of the president and the Senate when they are deciding whether it is the optimal time to retire to achieve their own strategic objectives. The …

A General Approach For Predicting The Behavior Of The Supreme Court Of The United States, Daniel Katz

All Faculty Scholarship

Building on developments in machine learning and prior work in the science of judicial prediction, we construct a model designed to predict the behavior of the Supreme Court of the United States in a generalized, out-of-sample context. To do so, we develop a time-evolving random forest classifier that leverages unique feature engineering to predict more than 240,000 justice votes and 28,000 cases outcomes over nearly two centuries (1816-2015). Using only data available prior to decision, our model outperforms null (baseline) models at both the justice and case level under both parametric and non-parametric tests. Over nearly two centuries, we achieve …

Spring 2017 Newsletter: The Docket, Emma Wood

Law Library Newsletter

Copy of the Spring 2017 issue of the UMass Law Library Newsletter, The Docket.

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 …

The Intersectional Oppressions Of South Asian Immigrant Women And Vulnerability In Relation To Domestic Violence: A Case Study, Ferzana Chaze, Archana Medhekar

Faculty Publications and Scholarship

South Asians ― persons who can trace their origins to India, Pakistan, Sri Lanka, Nepal and Bangladesh ― are the largest racialized minority group in Canada. The National Household Survey (2011) revealed that 1,567,400 persons reported being of South Asian origin, making up 4% of the total Canadian population (Statistics Canada, 2013). The substantial presence and rapid growth of this minority group make it an important population to understand in terms of their settlement and integration-related experiences.

The authors of this paper bring together their unique disciplinary lenses- social work and law - to discuss various factors that contribute to …

The Co-Evolution Of Marriage And Parental Rights Of Gays And Lesbians, Lisa M. Chauveron, Ariel Alvarez, Bradley Van Eeden-Moorefield

Department of Political Science and Law Faculty Scholarship and Creative Works

Historically, federal and state legislation placed different conditions on same- and opposite-sex couples' ability to marry, adopt, or exercise their parental rights. Given the historical intertwining of marriage and parenting, legal issues remain hinged on differing conceptions of marriage and what constitutes a legal family in the United States, especially for same-sex partners compared to their different-sexed couple counterparts. This article provides a historical review of decisions that serve as the foundation for queer parenting rights in the United States. A key focus is on the impact of the U.S. Supreme Court Obergefell v. Hodges (2015) marriage decision on queer …

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 …

New Hampshire Juvenile Sex Trafficking Survivor Urges Representatives To Vote Against Decriminalized Prostitution, Darlene Pawlik, Donna M. Hughes Dr.

Donna M. Hughes

Sex Industry Advocates Aim To Decriminalize Prostitution In New Hampshire, Kelly Roy-Williams, Lisa Thompson, Donna M. Hughes Dr.

Donna M. Hughes

Literary Land Claims: The “Indian Land Question” From Pontiac’S War To Attawapiskat By Margery Fee, Cheryl Lousley

The Goose

Review of Margery Fee's Literary Land Claims: The “Indian Land Question” from Pontiac’s War to Attawapiskat.

Using Course-Subject Co-Occurrence (Csco) To Reveal The Structure Of An Academic Discipline: A Framework To Evaluate Different Inputs Of A Domain Map, Peter A. Hook

School of Information Sciences Faculty Research Publications

This article proposes, exemplifies, and validates the use of course-subject co-occurrence (CSCO) data to generate topic maps of an academic discipline. A CSCO event is when two course-subjects are taught in the same academic year by the same teacher. 61,856 CSCO events were extracted from the 2010-11 directory of the American Association of Law Schools and used to visualize the structure of law school education in the United States. Different normalization, ordination (layout), and clustering algorithms were compared and the best performing algorithm of each type was used to generate the final map. Validation studies demonstrate that CSCO produces topic …

Fall 2017 Newsletter: The Docket, Emma M. Wood

Law Library Newsletter

Copy of the Fall 2017 issue of the UMass Law Library Newsletter, The Docket.

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

All Faculty Scholarship

No abstract provided.

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 to …

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 …

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 v. Smith …

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.