Conscientious Objection, Complicity, And Accommodation, 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
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 ...
Tradition And Culture In Africa: Practices That Facilitate Trafficking Of Women And Children, 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 ...
A Critical Race Theory Intervention Into The Cultural Defense Debate, 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 ...
Social Justice In Social-Ecological Systems: Resilience Through Stakeholder Engagement, 2017 University of Montana, Missoula
Social Justice In Social-Ecological Systems: Resilience Through Stakeholder Engagement, Frederick I. Lauer
Graduate Student Theses, Dissertations, & Professional Papers
Successful management of social-ecological systems (SES) is predicated on quality collaborative exchanges between project stakeholders and management. The Southwest Crown of the Continent Collaborative (SWCC) Collaborative Forest Landscape Restoration Program (CFLRP) provided an opportunity to explore landscape scale collaborative management and SES outcomes. Global change and future uncertainty of landscapes prompted the SWCC to employ restoration treatment alternatives throughout 1.4 million acres of forests, most of which are publicly held. The SWCC currently monitors environmental and economic variables, with plans to monitor social variables. This thesis formalizes a proposed framework to investigate SES resilience, and explores public engagement as ...
Law Without Absolutes: Toward A Pragmatic Science Of Law, 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 ...
A Duty To Document, 2016 University of Malta
A Duty To Document, Marc Kosciejew
Proceedings from the Document Academy
Access to information is a bedrock principle of contemporary democratic governments and their public agencies and entities. Access to information depends upon these public institutions to document their activities and decisions. When public institutions do not document their activities and decisions, citizens’ right of access is ultimately denied. Public accountability and trust, in addition to institutional memory and the historical record, are undermined without the creation of appropriate records. Establishing and enforcing a duty to document helps promote accountability, openness, transparency, good governance, and public trust in public institutions. A duty to document should therefore be a fundamental component of ...
Effective Social Media Use By Law Enforcement Agencies: A Case Study Approach To Quantifying And Improving Efficacy And Developing Agency Best Practices, David T. Snively
Master of Public Administration Practicums
In the wake of protests against law enforcement for an array of reasons, law enforcement officers and agencies have a responsibility to recognize and utilize the available mediums of communication with which they may best develop a connection to the communities they serve. Furthermore, law enforcement agencies must be informed that established, traditional methods of news dissemination – such as press conferences and printed articles – are now both ineffective and under-utilized, replaced in large part by social media live-time reports. For that reason, law enforcement agency executives must address both the responsibility to provide appropriately timed updates to critical incidents and ...
De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco
No abstract provided.
Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, 2016 Brigham Young University Law School
Unsettled: How Climate Change Challenges A Foundation Of Our Legal System, And Adapting The Legal State, Victor B. Flatt
BYU Law Review
One of the fundamental goals of law is to end disputes. This push to “settlement” is foundational and has historically worked to increase societal efficiency and justice by engendering legitimate expectations among the citizenry. However, the efficient nature of much legal finality, settlement and repose only exists against a background of evolution of the physical environment that is predictable and slowpaced. That background no longer exists. The alteration of the physical world, and thus, the background for our societal structure and decisions, is accelerating rapidly due to human-caused climate change. This creates a mismatch between the law’s tendency to ...
The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, 2016 University of Arizona
The Moroccan Jurist Al-Khamlīshī: Can A Woman Become A Legislator (Mujtahid)?, Nayel A. Badareen
The idea of deducing legal rulings in Islamic law, or ijtihād, as well as the qualifications of the person who practices ijtihād, known as the mujtahid, has been a complex issue among Muslim ʿulamāʾ for centuries. Many Muslim ʿulamāʾ and Western scholars have maintained that the gate of ijtihād was closed. The title of mujtahid was therefore impossible to attain. The Moroccan intellectual al-Khamlīshī maintains that the strenuous conditions put forth by some of the Sunni jurists to qualify an individual to become a mujtahid actually contributed to the demise of ijtihād. These qualifications, according to al-Khamlīshī, were proven to ...
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, 2016 American University Washington College of Law
One Size Does Not Fit All: A Framework For Tailoring Intellectual Property Rights, Michael W. Carroll
Michael W. Carroll
The United States and its trading partners have adopted cultural and innovation policies under which the government grants one-size-fits-all patents and copyrights to inventors and authors. On a global basis, the reasons for doing so vary, but in the United States granting intellectual property rights has been justified as the principal means of promoting innovation and cultural progress. Until recently, however, few have questioned the wisdom of using such blunt policy instruments to promote progress in a wide range of industries in which the economics of innovation varies considerably.
Provisionally accepting the assumptions of the traditional economic case for intellectual ...
How Civility Works.Pdf, 2016 Syracuse University
How Civility Works.Pdf, Keith J. Bybee
Keith J. Bybee
Jurisprudence Between Science And The Humanities, 2016 York University
Jurisprudence Between Science And The Humanities, Dan Priel
For a long time philosophy has been unique among the humanities for seeking closer alliance with the sciences. In this Article I examine the place of science in relation to legal positivism. I argue that, historically, legal positivism has been advanced by theorists who were also positivists in the sense the term is used in the philosophy of social science: they were committed to the idea that the explanation of social phenomena should be conducted using similar methods to those used in the natural sciences. I then argue that since around 1960 jurisprudence, and legal positivism in particular, has undergone ...
The Elements Of Law, 2016 St. John's University School of Law
The Elements Of Law, John C. H. Wu
The Catholic Lawyer
No abstract provided.
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, 2016 California State University - San Bernardino
The One Exhibition The Roots Of The Lgbt Equality Movement One Magazine & The First Gay Supreme Court Case In U.S. History 1943-1958, Joshua R. Edmundson
Electronic Theses, Projects, and Dissertations
The ONE Exhibition explores an era in American history marked by intense government sponsored anti-gay persecution and the genesis of the LGBT equality movement. The study begins during World War II, continues through the McCarthy era and the founding of the nation’s first gay magazine, and ends in 1958 with the first gay Supreme Court case in U.S. history.
Central to the story is ONE The Homosexual Magazine, and its founders, as they embarked on a quest for LGBT equality by establishing the first ongoing nationwide forum for gay people in the U.S., and challenged the government ...
Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, 2016 San Jose State University
Ab 109 And Its Impact On Prison Overcrowding And Recidivism: A Policy Analysis, Angie Wootton
Themis: Research Journal of Justice Studies and Forensic Science
California experienced escalating issues with prison overcrowding from the late 1970s to 2010, as the prison population skyrocketed to unprecedented highs. This article will discuss the problem of prison overcrowding, and one recent policy intervention implemented to decrease overcrowding and offender recidivism rates, the Public Safety Realignment Act (AB 109). After providing background on the Public Safety Realignment Act, this article will analyze the effectiveness of the policy and make recommendations.
Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, 2016 Griffith Law School
Marx At The Gold Coast: Reflections On Teaching And The Confrontation With Ideology, Allan Ardill
Class, Race and Corporate Power
This article engages with Marx in Miami and the strategies and pedagogical experiences of teaching Marx and Marxism. It relates the experience of teaching Marxism in a compulsory law course at the Gold Coast, Australia. Marx rarely makes an appearance in law schools and this poses particular challenges when it is taught to politically conservative students. Therefore the article supplies a case for teaching Marx arguing why it is not just appropriate for lawyers but irresponsible to exclude it.
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, 2016 Clark University, University of Pittsburgh
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that ...
Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black
MAD-RUSH Undergraduate Research Conference
This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could ...