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Joyful Human Rights Activism, William Simmons 2017 University of Arizona

Joyful Human Rights Activism, William Simmons

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In popular, legal, and academic discourse, a subtle but significant shift has occurred: The term “human rights” is now almost always discussed in relation to its opposite, “human rights abuses.” Syllabi, textbooks, and academic articles focus largely on abuses, victimization, and trauma with nary a mention of joy or other positive emotions.

This will be obvious to most human rights scholars and practitioners once it is pointed out, but the depth of the elision is staggering. Human rights could also be discussed in the context of the most joyful of human experiences and even those victimized almost always experience ...


The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd 2017 The Graduate Center, City University of New York

The New American Slavery: Capitalism And The Ghettoization Of American Prisons As A Profitable Corporate Business, David A. Liburd

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The labor of enslaved Africans and Black Americans played a large part in the history of colonial America, with the American plantation being the epicenter for all that was to be produced. While the two have never been completely tied together, capitalism and modern day slavery have been linked with one another. Some analysis sees slavery as a remote form of capitalism, a substitute, to an antiquated form of labor in the modern world.

Slave plantations adopted a new concentration in size and management, referred to by W.E. DuBois as a change "from a family institution to an industrial ...


The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa 2017 The Graduate Center, City University of New York

The Racialization And Exploitation Of Foreign Workers By The Law, Seiko Ishikawa

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

Intense demand for cheap labor in the United States has resulted in a widespread effect of employing high skilled immigrants in STEM fields. Examining how companies use high-skilled visa categories to create a flexible cheaper immigrant workforce, this paper demonstrates that skilled immigrants from Asia are being exploited through neutral skills-based criteria that are de facto racially biased. The purpose of this paper is to raise awareness of how, from the perspective of law and society, skills-based immigration works primarily to benefit the technological industry rather than skilled immigrants.


Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole 2017 Meharry Medical College

Utilizing Title Vi As A Means To Eradicate Health Discrimination, Adrian D. Samuels, Mariah L. Cole

Journal of Health Disparities Research and Practice

Health disparities among people of color are persistent and detrimental to the overall wellness of these groups. Discrimination in the provision of health care services is one of the primary causes of health disparities. Title VI of the Civil Rights Act of 1964’s availability as a tool to prevent discrimination and, in turn, disparities among these groups is underdocumented. The legislative intent of Title VI and the historical context of the law have been helpful in its use outside of the health care arena to prevent discrimination. This sheds light on the ways that the law can influence the ...


Arguing With Friends, William Baude, Ryan D. Doerfler 2017 University of Chicago

Arguing With Friends, William Baude, Ryan D. Doerfler

Faculty Scholarship

It is a fact of life that judges sometimes disagree about the best outcome in appealed cases. The question is what they should make of this. The two purest possibilities are to shut out all other views, or else to let them all in, leading one to concede ambiguity and uncertainty in most if not all contested cases.

Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue that there is a better way. Judges ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or ...


Today's Porn: Not A Constitutional Right; Not A Human Right, Patrick Trueman 2017 National Center on Sexual Exploitation

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

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith 2017 University of Pennsylvania Law School

Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith

Faculty Scholarship

This book review argues for reorienting how we think about federalism in relation to foreign affairs. In considering state and local engagement in foreign affairs, legal scholars often focus on the opportunities and limits provided by constitutional law. Foreign Affairs Federalism: The Myth of National Exclusivity by Michael Glennon and Robert Sloane does precisely this in a thoughtful and well-crafted way. But while the backdrop constitutional principles studied by Glennon and Sloane are important, so too are other types of law that receive far less attention. International law, administrative law, particular statutory schemes, and state law can all affect how ...


Moral Time And Homicide Investigations., David Stuart Lapsey Jr. 2017 University of Louisville

Moral Time And Homicide Investigations., David Stuart Lapsey Jr.

Electronic Theses and Dissertations

Previous literature explores the many dimensions of homicide investigations, including case and individual characteristics, evidence and investigative activities. However, little research delves into situational characteristics and their relationship to specific homicides, charge severity sought by prosecutors and sentence length given to homicide offenders. The current study sampled homicide cases (N=68) to gather baseline information and data regarding judicial outcomes. Donald Black’s Theory of Moral Time (2011) is tested and utilized as the study’s conceptual framework for the study’s hypotheses.


Grassroots Diplomacy And Vernacular Law: The Discourse Of Food Sovereignty In Maine, John Welton 2017 University of Maine-Orono

Grassroots Diplomacy And Vernacular Law: The Discourse Of Food Sovereignty In Maine, John Welton

Electronic Theses and Dissertations

This thesis studies the discourse of food sovereignty in Maine, a coalition of small-scale farmers, consumers, and citizens building an alternative food system based on a distributed form of production, processing, selling, purchasing, and consumption. This distribution occurs at the municipal level through the enactment of ordinances. Using critical-rhetorical field methods, I argue that the discourse of food sovereignty in Maine develops a ‘constitutive’ rhetoric that composes rural society through affective relationships. Advocates engage the industrial food system to both expose its systemic bias against small-scale farming and construct their own discourse of belonging. Based upon agrarian values such as ...


I Share, Therefore It's Mine, Donald J. Kochan 2017 Chapman University School of Law

I Share, Therefore It's Mine, Donald J. Kochan

Donald J. Kochan

Uniquely interconnecting lessons from law, psychology, and economics, this article aims to provide a more enriched understanding of what it means to “share” property in the sharing economy. It explains that there is an “ownership prerequisite” to the sharing of property, drawing in part from the findings of research in the psychology of child development to show when and why children start to share. They do so only after developing what psychologists call “ownership understanding.” What the psychological research reveals, then, is that the property system is well suited to create recognizable and enforceable ownership norms that include the rights ...


Airpower As A Part Of American Foreign Policy: The Importance Of Military Strategy, Domenic J. Quade Mr. 2017 Trinity College, Hartford Connecticut

Airpower As A Part Of American Foreign Policy: The Importance Of Military Strategy, Domenic J. Quade Mr.

Senior Theses and Projects

Airpower has a seductive nature to it. Technology promises to be able to destroy or seriously damage an enemy military’s capabilities without serious risk to American forces. Moreover, these knights of the sky have an aura of power with the ability to destroy important pieces of military equipment or infrastructure. Airpower may seem like a niche topic of international relations or American foreign policy, but it represents the opening move of war. Gaining air superiority is the first step in any American engagement as it allows the rest of American military might to be brought to bear. It is ...


The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke 2017 The Graduate Center, City University of New York

The Legitimacy Of Global Legal Governance: Institutional Power And Human Rights Bias In International Criminal Justice, Martin J. Burke

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

As global legal governance institutions exercise increasing coercive power, including through the prosecution and incarceration of individuals, such institutions require greater legitimacy. An essential but often overlooked source is the right of the accused in mass-atrocity trials to effective legal protection, which constitutes a “legal legitimacy” based on liberal norms of criminal justice. The two most important sources of legal legitimacy are: “legality,” that is, the non-retroactive enforcement of crimes and punishment; and “defense parity,” institutional and procedural guarantees of substantive equality between the defense and prosecution before and during trial. The dissertation argues that the implementation of defendant rights ...


Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar 2017 The Graduate Center, City University of New York

Capitalism And Unfreedom: Louis D. Brandeis And A Liberty Of The Left, Eric L. Apar

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

The American Right features a well-developed—and well-heeled—infrastructure for promoting a conception of freedom as inextricable from capitalism. The American Left, by contrast, has seemed content to cede the territory, abandoning the ground of freedom for the terrain of “equality,” “justice,” “fairness,” and “prosperity.” This paper is an effort to address this asymmetry in the public discourse over the meaning of freedom. Its principal objective is to capture the vision of freedom embodied in the political and economic thought of Louis D. Brandeis, one of the American Left’s ablest expositors of freedom.

In addition, the paper has three ...


Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner 2017 University of Houston Law Center

Justice Antonin Scalia’S Flawed Originalist Justification For Brown V. Board Of Education, Ronald Turner

Washington University Jurisprudence Review

This article examines Justice Antonin Scalia and Bryan Garner’s originalist justification of Brown v. Board of Education in Reading Law, concluding that their analysis is flawed in at least three respects: (1) their interpretation that the texts of the Thirteenth and Fourteenth Amendments prohibited all white-supremacist and separationist laws is atextual, acontextual, and ahistorical; (2) their invocation of Justice Harlan and his Plessy dissent does not support, but actually cuts against their understanding of the original understanding; and (3) relying on a single and critiqued article, with no reference to that criticism, they fail to support their conclusion that ...


Law Without Absolutes: Toward A Pragmatic Science Of Law, JD Hsin 2017 Harvard Law School

Law Without Absolutes: Toward A Pragmatic Science Of Law, Jd Hsin

Washington University Jurisprudence Review

Although today the very idea of a science of law—the thought that law could be made a science like any other taught and studied at a modern university—has the ring of an oxymoron, this piece argues that the rejection of legal science was not only overhasty but unnecessary. There is a sense in which we can see law as a science, it argues, but only once we come to see more clearly and accurately just why the tradition of legal science begun in the earliest days of the Western legal tradition and brought to America by Christopher Columbus ...


Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee 2017 Washington University School of Law

Do Criminal Background Checks In Hiring Punish?, Michael A. C. Lee

Washington University Jurisprudence Review

Criminal background checks in the hiring process make it more difficult for former offenders to obtain employment at their market skill level. As a result, many former offenders end up underemployed or unemployed altogether. This obstacle to finding gainful employment is a harm, and this harm directly follows from a former offender’s criminal conviction. The harm can therefore be thought of as part of the punishment imposed on criminal offenders. However, unlike the formal punishment that a criminal offender receives through his sentence, the harm that follows the offender as he seeks employment after he has completed his formal ...


The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman 2017 University of Wyoming

The Return Of The Self, Or Whatever Happened To Postmodern Jurisprudence, Stephen M. Feldman

Washington University Jurisprudence Review

Postmodern jurisprudence was all the rage in the 1990s. Two of the most renowned postmodernists, Stanley Fish and Pierre Schlag, both persistently criticized mainstream legal scholars for believing they were modernist selves—independent, sovereign, and autonomous agents who could remake the social and legal world merely by writing a law review article. Then Fish and Schlag turned on each other. Each attacked the other for making the same mistake: harboring a modernist self. I revisit this skirmish for two reasons. First, it helps explain the current moribund state of postmodern jurisprudence. If two of the leading postmodernists could not avoid ...


Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw 2017 Washington University School of Law

Are We Adopting The Orphans, Or Creating Them? Medical Ethics And Legal Jurisprudential Guidance For Proposed Changes To The Orphan Drug Act, Lydia Raw

Washington University Jurisprudence Review

This Note traces the subtle changes in the underlying purposes of the Orphan Drug Act, and evaluates those purposes from the perspectives of medical ethics and legal jurisprudence. Part I begins with the history of the Orphan Drug Act discussed issue by issue, to elucidate the subtle changes in the purpose of the Orphan Drug Act through its history. Part II explores the moral and ethical issues presented by the Orphan Drug Act to identify eleven guiding principles from medical ethics and legal jurisprudence. Lastly, Part III applies these guiding principles to the most common proposed amendments to the Orphan ...


Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky 2017 Brooklyn Law School

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship

The individual plaintiff plays a critical—yet, underappreciated—role in our legal system. Only lawsuits that are brought by individual plaintiffs allow the law to achieve the twin goals of efficiency and fairness. The ability of individual plaintiffs to seek justice against those who wronged them deters wrongdoing, ex ante, and in those cases in which a wrong has been committed nevertheless, it guarantees the payment of compensation, ex post. No other form of litigation, including class actions and criminal prosecutions, or even compensation funds, can accomplish the same result. Yet, as we show in this Essay, in many key ...


Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya 2017 Mzumbe University

Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, Norah Hashim Msuya

Dignity: A Journal on Sexual Exploitation and Violence

Many states in Africa have adopted legislative, administrative and institutional measures to combat trafficking in human beings. These measures include, among other things, the formulation and implementation of both national and regional action plans by African states to provide for comprehensive and coordinated interventions. Many African countries have also enacted an anti-trafficking legislation at the country level. Despite these measures, African women and children have been trafficked annually worldwide for purposes of forced labor, sexual exploitation, and domestic servitude. Additionally, women and children are trafficked within their countries from rural to urban areas. Misconception and abuse of African tradition and ...


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