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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 ...


"Biopolitical Bollywood: Sexual Violence As Cathartic Spectacle In Section 375 And Article 15”, Dr. Swatie Apr 2020

"Biopolitical Bollywood: Sexual Violence As Cathartic Spectacle In Section 375 And Article 15”, Dr. Swatie

Iowa Journal of Cultural Studies

This paper will discuss the representation of sexual violence in two recent mainstream Bollywood films, Section 375 and Article 15, using Laura Mulvey’s argument about the production of visual pleasure. Laura Mulvey states how the male gaze of the camera makes invisible, and produces as reality, the objectification of the woman and the identification of the audience with the male performer. This paper uses these findings to state how the male gaze is used to identify with the male protagonist in both films in order to create an identificatory politics. The films deploy a pathos of familiality: both the ...


2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa Feb 2020

2011 Inamori Ethics Prize Speech: Democracy And Freedom Under Law: The Obligations Of Lawyers, Beatrice Mtetwa

The International Journal of Ethical Leadership

transcript


Criminal Justice Bias : Fact Or Fiction, Hiba Mobarak Feb 2020

Criminal Justice Bias : Fact Or Fiction, Hiba Mobarak

Quest

Objective Analysis

Research in progress for CRIJ 1301: Introduction to Criminal Justice

Faculty Mentor: Stefanie LeMaire

The following paper represents work produced by a student in an Introduction to Criminal Justice course at Collin College. The paper is an objective analysis of prominent research regarding potential police biases and how officers’ decisions may be influenced by a suspect’s race. The topic of racial bias within policing is quite controversial, as evidenced by the community protests, media coverage, and destruction that has ensued after officer-involved shootings. This assignment asks students to objectively review scholarly research on police bias and constructively ...


The Perfect Opinion, Andrew Jensen Kerr Jan 2020

The Perfect Opinion, Andrew Jensen Kerr

Washington University Jurisprudence Review

In my Article, "The Perfect Opinion," I collate favorite judicial opinions to inductively derive an archetype of perfection. The question of which opinions we like the most is decidedly subjective, but it also reveals implied preferences for creative judging that might not register on citation counts or be prioritized when editing casebooks. Importantly, our choice of a favorite reflects something about us. So why do judges often select non-authoritative opinions (alternative concurrences or dissents) or no- citation opinions (that don’t cite to prior case law) when asked of their favorite opinion? We might predict that most judges would select ...


Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets Jan 2020

Paternalism As A Justification For Federally Regulating Advertising E-Cigarettes To Children, Alyssa N. Sheets

Washington University Jurisprudence Review

How the federal government should regulate e-cigarette advertising targeted towards children generates unique jurisprudential questions regarding the potential for infringement on children’s liberty and autonomy. While it would seem unethical to restrict e-cigarette advertisements to adults, children are in a different category because they lack the maturity and decision-making skills to discern advertising falsehoods from reality. This is especially problematic with e-cigarette advertisements because long-term public health outcomes for children are at stake. This Note assesses the historical and modern regulatory measures used by Congress, the FDA, and the judiciary to regulate how the tobacco industry may advertise to ...


Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy Jan 2020

Corporate Rights And Moral Theory: The Need For A Coherent Theoretical Justification Of Corporate Rights, Ryne T. Duffy

Washington University Jurisprudence Review

Corporations are the primary engine of economic activity in the United States and they are provided with legal rights primarily to facilitate their productive activity. As economic actors, corporations must inevitably interact with other corporations and natural persons within the legal system. Corporations must be allowed to invoke legal rights in order to operate within the American legal system. Traditionally, the American legal system has classified corporations as legal “persons” to allow them to seamlessly integrate into the existing legal system. This Note tackles the question of corporate personhood utilizing an approach inspired by social contract theory and seeks to ...


Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater Jan 2020

Another Quest For The Holy Grail Of Law: Ius Generis - Law As A Countermovement To Human Cognition, Norbert Altvater

Washington University Jurisprudence Review

In hopes of providing some possible further insight into the nature of law in all contexts, this Article contributes another layer to the discussion respecting an evolutionary ontology of law. It advances a preliminary sketch of the possible genesis of norms as a countermovement to human cognition, with law, as a type of norms thereby integrally interwoven into humanity itself. With this understanding of its origins, law, whether considered from the positive law, natural law or systems theory perspective, may be understood more clearly and its applications perhaps anticipated. This Article analyzes whether this proposed countermovement theory might provide common ...


My Genetic Child May Not Be My Legal Child? A Functionalist Perspective On The Need For Surrogacy Equality In The United States, Rachel I. Gewurz Jan 2020

My Genetic Child May Not Be My Legal Child? A Functionalist Perspective On The Need For Surrogacy Equality In The United States, Rachel I. Gewurz

Washington University Jurisprudence Review

While assisted reproductive technology, and surrogacy in particular, may appear to be a straightforward solution to infertility, the legal field is extremely complex. The patchwork of laws across the United States leaves intended parents at risk for a court to deny legal rights to their biological child. This Note will examine the complexities of surrogacy agreements and the need for a federal, uniform surrogacy law under the sociological functionalist theory of society.


Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger Jan 2020

Book Review Essay: Jewish And American Law: A Comparative Study. (Vols. 1 And 2) By Samuel J. Levine, Marie A. Failinger

Touro Law Review

No abstract provided.


The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander Jan 2020

The “Step-Child Of Scholarly Investigation”: Preliminary Observations About The Origins Of Academic Jewish Law Scholarship, David Hollander

Touro Law Review

No abstract provided.


Keeping Faith With Nomos, Steven L. Winter Jan 2020

Keeping Faith With Nomos, Steven L. Winter

Touro Law Review

No abstract provided.


Coastal Cultural Heritage Protection In The United States, France And The United Kingdom, Ryan Rowberry, Ismat Hanano, Sutton M. Freedman, Michelle Wilco, Cameron Kline Oct 2019

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 Ecological Situation And The Processes Of Using Natural Resources In Uzbekistan During Independence, Sh. Y. Allaberganov Mar 2019

The Ecological Situation And The Processes Of Using Natural Resources In Uzbekistan During Independence, Sh. Y. Allaberganov

Central Asian Problems of Modern Science and Education

During the years of independence, the reduction of atmospheric air pollution levels, the improvement of the main open water flows, the reduction of the application of pesticides, the improvement of the structure of cultivated areas, the involvement of international organizations in the solution of national environmental problems have been analyzed.


Conception And Features Of Governmental Authority, M. I. Raximova Mar 2019

Conception And Features Of Governmental Authority, M. I. Raximova

Central Asian Problems of Modern Science and Education

The governmental authority is the most important attribute of the state, vested with the power of state management. In the modern society, oriented on democracy, the state power based on the principles of democracy under the principle of peoples' sovereignty. It's source is not a divine will and not the charismatic features of the governor, but the peoples' sovereignty. It's will expressed in the state constitution, determines the character of state power and its implementation forms. In this article, the author analyzes the concept, features and core of governmental authority


Reclaiming The Intellectual, Emily M.S. Houh Mar 2019

Reclaiming The Intellectual, Emily M.S. Houh

Ohio Northern University Law Review

No abstract provided.


Putting Ethnography On The Witness Stand: Review Of Interrogating Ethnography: Why Evidence Matters, Janet K. Keeler Jan 2019

Putting Ethnography On The Witness Stand: Review Of Interrogating Ethnography: Why Evidence Matters, Janet K. Keeler

The Qualitative Report

Lawyer, historian and author Steven Lubet’s Interrogating Ethnography: Why Evidence Matters puts several well-known urban ethnographies on the figurative witness stand and finds that some don’t hold up to legal (and journalistic) scrutiny. The author encourages social science researchers to employ fact-checking techniques to increase the veracity of their work. While Lubet praises social science researchers for their altruistic missions and painstaking data collection in the field he finds follow-up research often lacking. He recognizes that ethnographers do not want to be the adversaries of marginalized subjects but believes that more rigorous vetting of data is crucial to ...


College Access For Undocumented Students And Law, Jessica C. Enyioha Jan 2019

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 ...


Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach Jan 2019

Do Criminal Minds Cause Crime? Neuroscience And The Physicalism Dilemma, John A. Humbach

Washington University Jurisprudence Review

The idea that mental states cause actions is a basic premise of criminal law. Blame and responsibility presuppose that criminal acts are products of the defendant’s mind. Yet, the assumption that mental causation exists is at odds with physicalism, the widely shared worldview that “everything is physical.” Outside of law, there is probably no field of secular study in which one can seriously assert that unseen nonmaterial forces can cause physical events. But if physicalism is true then a fundamental premise of modern criminal justice must be false, namely, that criminals deserve punishment because their crimes are the products ...


Criminalization: A Kantian View, Jason R. Steffen Jan 2019

Criminalization: A Kantian View, Jason R. Steffen

Washington University Jurisprudence Review

One problem in criminal justice theory is determining what kinds of acts ought to be criminalized. A related practical concern is the rampant overcriminalization in American law. In this Article, I propose to address both of these problems by positing a theory of criminalization based upon Immanuel Kant’s political theory. I begin by explaining Kant’s account of civic freedom. I show that free and equal citizens in a just political community must refrain from actions that violate the political freedom of other citizens. From this, I derive a definition of crime as an act that by its nature ...


Testamentary Freedom Vs. The Natural Right To Inherit: The Misuse Of No-Contest Clauses As Disinheritance Devices, Alexis A. Golling-Sledge Jan 2019

Testamentary Freedom Vs. The Natural Right To Inherit: The Misuse Of No-Contest Clauses As Disinheritance Devices, Alexis A. Golling-Sledge

Washington University Jurisprudence Review

Testamentary freedom is the bedrock of inheritance law. The freedom is curbed in some respects in order to allow spouses and other groups access to an estate. However, there is no restriction on a parent's ability to disinherit their children. This note is a critique of the permitted disinheritance of children in the name of testamentary freedom. According to John Locke, the right to inherit emanates from natural law and should be recognized as such. Through forced heirship, as recognized in other modern nations, the U.S. can respect the natural right of children to inherit and leave room ...


@Publicforum: The Argument For A Public Forum Analysis Of Government Officials' Social Media Accounts, Sara J. Benson Jan 2019

@Publicforum: The Argument For A Public Forum Analysis Of Government Officials' Social Media Accounts, Sara J. Benson

Washington University Jurisprudence Review

While citizens have historically marched on the streets or protested in parks to take advantage of the First Amendment, citizens in the modern world have often turned to social media to communicate their ideas and concerns to their government representatives. As new spaces for expressive activity come to light with the development of technology, courts are tasked with determining how to properly analyze government-controlled spaces on social media. This Note will examine the various approaches courts have taken to analyzing government officials’ social media accounts and will argue that Supreme Court precedent and the pluralist theory of democracy support subjecting ...


Death Qualification Of Juries As A Violation Of The Social Contract, Katherine E. Berger Jan 2019

Death Qualification Of Juries As A Violation Of The Social Contract, Katherine E. Berger

Washington University Jurisprudence Review

Trial by a jury of one’s peers is a hallmark of the United States judicial system. The protection a jury trial is supposed to ensure, however, is severely compromised by current case law. Death qualification excludes potential jurors whose views on the death penalty “would prevent or substantially impair the performance of his duties as a juror.” This Note argues that the current practice of “death qualifying” juries in capital murder cases violates the social contract. In the past few years, citizen support for the death penalty reached its lowest point since it was temporarily abolished by the Supreme ...


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.


Brackeen V. Zinke, Bradley E. Tinker Dec 2018

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 ...


Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus Oct 2018

Never Again! Surviving Liberalized Prostitution In Germany, Sandra Norak, Ingeborg Kraus

Dignity: A Journal on Sexual Exploitation and Violence

This article, co-authored by a six-year survivor of the sex trade industry in Germany (Sandra Norak) and a psychologist and trauma therapist (Ingeborg Kraus), provides perspectives on the difficulty of withstanding the coercion of traffickers and the difficulties of exiting prostitution in a country in which prostitution has been legalized, normalized and made “a job like any other.” This normalization persuades survivors to believe their traffickers that it is a legitimate occupation and encourages them to endure the violence. Liberalization also has prevented the development of needed trauma services to those seeking to exit the sex trade industry.


Data Protection And Privacy For Media And Individuals Under Irish And Eu Law, Sarah Kearney Jun 2018

Data Protection And Privacy For Media And Individuals Under Irish And Eu Law, Sarah Kearney

Irish Communication Review

Recent public discussion has seen an increasing emphasis placed on data protection and privacy. An accord must be struck between the individual's right to privacy and an organisation’s right to examine an individual’s personal information for its given commercial, contractual or social media activities. This paper examines the evolution of data protection and regulation in Irish and EU law, Illustrating that data protection applies in relation to the publication of material in the media, even if it may still be set aside in the case of public interest. It concludes that the Irish and European Courts place ...


Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin Apr 2018

Reclaiming The Black Personhood: The Power Of The Hip-Hop Narrative In Mainstream Rap, Morgan Klatskin

Criterion: A Journal of Literary Criticism

Hip hop, as a cultural phenomenon, leverages rap as a narrative form in periods of acutely visible political unrest in the Black American community to combat pejorative narratives of Black America as revealed in the American criminal justice system’s treatment of Black Americans. Hip-hop themes were prevalent in golden-age rap of the 1980s in response Regan-era war-on-drugs policy, which severely disadvantaged the Black community and devalued the Black personhood. Hip hop used narrative to reclaim the Black personhood while it served to encourage political involvement in the Black community, urging Blacks to participate in rewriting the narrative of Black ...


Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum Feb 2018

Cleaner, Greener, Healthier: A Prescription For Stronger Canadian Environmental Laws And Policies By David R. Boyd, Alex D. Ketchum

The Goose

Review of David R. Boyd's Cleaner, Greener, Healthier: A Prescription for Stronger Canadian Environmental Laws and Policies.