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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 ...


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.


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 ...


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 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 ...


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 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 ...


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 ...


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 ...


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 ...


Confucian Jurisprudence, Dworkin, And Hard Cases, Norman P. Ho 2017 Peking University School of Transnational Law

Confucian Jurisprudence, Dworkin, And Hard Cases, Norman P. Ho

Washington University Jurisprudence Review

This Article argues that Confucian jurisprudence can accurately be analogized to Dworkin’s adjudicative theory of law, in particular, his interpretive theory of law. To more effectively reveal the methods of Confucian jurisprudence and therefore carry out a comparison with Dworkin’s interpretive theory of law, this article adopts Dworkin’s methodology of focusing on “hard cases.” Specifically, this article identifies and then examines an actual hard case (from Tang dynasty China) which is arguably representative of Confucian jurisprudence in action – the controversial case of Xu Yuanqing, who committed a revenge killing against a low-ranking official who had killed his ...


A Just War Inquiry Of Police, Prosecutors And Deadly Force, Ryan Geisser 2017 Washington University School of Law

A Just War Inquiry Of Police, Prosecutors And Deadly Force, Ryan Geisser

Washington University Jurisprudence Review

Law enforcement is authorized to use deadly force under limited circumstances in the United States. Most do not dispute that there are some clear cases when the use of deadly force is warranted. The more controversial issues arise when attempting to articulate limits on when lethal force is justified. While theorists and academics can contemplate how police officers should act in the abstract, law enforcement does not have the same luxury when they are out on patrol and their lives are in constant jeopardy. The present analysis will attempt to create a clear framework for determining when law enforcement are ...


Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan 2017 Washington University School of Law

Power, Knowledge, And Relationships Within The Federal Sentencing Guidelines: A Foucauldian Critique, Timothy Noonan

Washington University Jurisprudence Review

No abstract provided.


The Personalization Puzzle, Brittainy Cavender 2017 Washington University School of Law

The Personalization Puzzle, Brittainy Cavender

Washington University Jurisprudence Review

Complex algorithms determine users’ search results and the content of their social media accounts. These algorithms often use machine learning and artificial intelligence, making it impossible to predict their output. Increasingly, these algorithms have been employed to personalize users’ online experiences. Google and Facebook use these algorithms to analyze users’ likes, clicks, search history, location, and other information to determine which articles, websites, and posts to include in search results and newsfeeds. Often users are completely unaware of the algorithms operating beneath the surface, controlling the information they receive. This lack of transparency makes it difficult for users to access ...


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 ...


Conscientious Objection, Complicity, And Accommodation, Amy J. Sepinwall 2017 University of Pennsylvania

Conscientious Objection, Complicity, And Accommodation, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

Burwell v. Hobby Lobby Stores, Inc.1 inaugurated an unprecedented deference to religious challenges to secular laws,2 which Zubik v. Burwell neither retrenched nor replace.3 On the Court's highly deferential stance, complicity claims seem to know no bounds: just so long as the objector thinks himself complicit in an act his religion opposes, the Court will conclude that the challenged legal requirement substantially burdens his religious exercise.4 The result is a set of exemptions of Court-imposed negotiations based on assertions of complicity that many courts and commentators find far-fetched, and perhaps even fantastical.5


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 ...


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

Empowering Individual Plaintiffs, Alex Stein, Gideon Parchomovsky

Faculty Scholarship at Penn Law

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 ...


Faultless Guilt: Toward A Relationship-Based Account Of Criminal Liability, Amy J. Sepinwall 2017 University of Pennsylvania

Faultless Guilt: Toward A Relationship-Based Account Of Criminal Liability, Amy J. Sepinwall

Legal Studies and Business Ethics Papers

There is in the criminal law perhaps no principle more canonical than the fault principle, which holds that one may be punished only where one is blameworthy, and one is blameworthy only where one is at fault. Courts, criminal law scholars, moral philosophers, and textbook authors all take the fault principle to be the foundational requirement for a just criminal law. Indeed, perceived threats to the fault principle in the midtwentieth century yielded no less an achievement than the drafting of the Model Penal Code, which had as its guiding purpose an effort to safeguard faultless conduct from criminal condemnation ...


The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor 2017 Bard College

The Black Women Anti-Defamation Coalition: A Proposal For The Remediation Of The Negative, Controlling Images Of Black Women, Shemar Antonio Taylor

Senior Projects Spring 2017

This research sets out to highlight the life-altering degree to which negative, domineering depictions of Black women has had and continues to have on their livelihood and also to argue that due to their systemic inability to control and craft their own reputation, this should be categorized as a human rights violation and enforced on the grounds of defamation law. Although I am not a Black woman myself, as a Black man who was raised by three Black women, I have seen first hand the importance of proving this point. Many Black women scholars, many of whom I will be ...


A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen 2017 Scripps College

A Critical Race Theory Intervention Into The Cultural Defense Debate, Phoebe Shen

Scripps Senior Theses

The cultural defense is an informal term that describes the use of cultural information to mitigate criminal responsibility, often used in conjunction with traditional defense strategies such as provocation or insanity. Arguments for the cultural defense include respecting cultural practices under the liberal narrative that frames the United States as a multicultural and pluralistic society. Advocates of the cultural defense recognize the harmful effects of the false universalism of the law. However, the cultural defense has been criticized as essentialist and harmful as it has been used in high profile cases to justify violence against women of color. The cultural ...


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