Other Legal Studies Commons^™

On A Condition Or A Mission?: Examining The Political Histories Of Anti-Poverty Policies In Brazil, Venezuela And Colombia, Diego A. Melo

Latin American Studies Honors Projects

Political culture, fiscal constraints and institutional incentives have shaped the making and implementation of Conditional Cash Transfers (CCT) in Latin America. However, why have CCTs consolidated in Brazil, been secondary in Colombia and remained absent in Venezuela? Brazilian authoritarian legacy and neoliberal rationality combined with strong federalism during economic downturn and provided room for experimentation in social policy, eventually leading to the incorporation and future universalization of CCTs (Bolsa Família). In contrast, less rationalized bureaucracies in Colombia and Venezuela have operated under strong presidentialism, allowing economic recessions and executive electoral incentives to shape weak CCT implementation (Familias …

Intersektionella Analyser. Att Begreppsliggöra Ojämlikheter I Och Genom Rätten, Linnéa Wegerstad, Niklas Selberg

Niklas Selberg

Inledning till tema intersektionalitet

I inbjudan till detta temanummer skrev den svenska redaktionen att nordisk rättsvetenskaplig forskning under de senaste decennierna allt mer har uppmärksammat olika maktrelationer i förhållande till rätten, men att interaktioner mellan olika maktrelationer inte har analyserats i någon större utsträckning. Däremot har genusvetenskaplig forskning behandlat interaktioner mellan kön, klass, etnicitet, sexualitet, ålder eller funktionshinder inom vad som har kommit att kallas intersektionalitet. I det följande introducerar vi föreliggande nummers intersektionella analyser, och diskuterar det sammanhang de kan placeras i. 1980 hade Retfærd sitt första temanummer om kvinnorätt som fem år senare följdes upp av tema ’kvinderetfærd’. …

A Content Analysis Of Statutory Grounds For Involuntary Termination Of Parental Rights: The Impacts And Susceptibility Of Incarcerated Mothers And Their Children, Holly Marie Duke

Master's Theses

As the myriad of complex circumstances surrounding incarceration and foster care debilitate the parent-child relationship, the likelihood of legal severance between an incarcerated parent and their child increases. Despite the nation’s mounting prison population over the last three decades, the growing interaction between the prison and foster care populations has received minimal attention in the literature. To date, the influence of the statutory grounds for involuntary termination of parental rights on the legal severance between incarcerated parents and their children has been largely ignored. The purpose of this research is to determine the susceptibility of incarcerated parents to the involuntary …

Rethinking Justice In Transitional Justice: An Examination Of The Mãori Conception And Customary Mechanism Of Justice, Stephanie Vieille

Electronic Thesis and Dissertation Repository

As a relatively young field of academic inquiry, the transitional justice scholarship presents some important difficulties, not least of which is its lack of critical evaluation of the approaches to justice it adopts and promotes. This research argues that the framework used in the transitional justice scholarship is ill-suited to account for, and to think about, the philosophy of justice embodied in customary mechanisms of justice. It explains that the type of “justice” embodied in customary mechanisms of justice is difficult to appreciate by using the retributive, reparative, and the restorative approaches. These Western, individualistic and legally based approaches are …

Finding Historic Indiana Documents In An Online Environment: Civil War Era And Later 19th Century, Bert Chapman

Libraries Research Publications

This presentation provides information on digitally accessing historic Indiana State and U.S. Government documents from the latter half of the 19th century. Examples of these resources include the periodical Indiana Farmer, Indiana Civil War Governor Oliver Morton's telegraph books, the Official Records of the War of the Rebellion, Indiana Adjutant General Reports, and the Brevier Indiana Law Reports covering Indiana General Assembly proceedings. These collections have been digitized by various Indiana libraries including Purdue University, IUPUI, and Indiana University. Accessing these primary source materials will enable users to gain augmented understanding ot the economic, military, and political issues facing Indiana …

“Impact” In 3d—Maximizing Impact Through Transactional Clinics, Praveen Kosuri

All Faculty Scholarship

In speaking about “impact” clinical legal education, it is almost always exclusively as litigation—innocence projects, representing Guantanamo detainees, human rights concerns, environmental issues. Though these clinical efforts target different societal ills, all try to use the legal system as a catalyst for change. Rarely do clinicians invoke the word “impact” in the same manner in discussing transactional legal work much less transactional clinics. Yet transactional clinics can and do perform impact work. This article describes the current landscape of transactional clinics, the distinct evolution of community economic development clinics from small business and organizations clinics and argues that both can …

Unanswered Questions Of A Minority People In International Law: A Comparative Study Between Southern Cameroons & South Sudan, Bernard Sama Mr

Bernard Sama

The month July of 2011 marked the birth of another nation in the World. The distressful journey of a minority people under the watchful eyes of the international community finally paid off with a new nation called the South Sudan . As I watched the South Sudanese celebrate independence on 9 July 2011, I was filled with joy as though they have finally landed. On a promising note, I read the UN Secretary General Ban Ki-moon saying “[t]ogether, we welcome the Republic of South Sudan to the community of nations. Together, we affirm our commitment to helping it meet its …

Executions In America: How Constitutional Interpretation Has Restricted Capital Punishment, Andrea Paone

Pell Scholars and Senior Theses

In upholding the constitutionality of capital punishment, the United States Supreme Court has utilized a strict construction interpretation of the Fourteenth Amendment's Due Process Clause, which has led the opponents of capital punishment to abandon the Due Process approach and look to the Eighth Amendment, for which the justices utilize a loose construction interpretation.

What Is A "Constitutional Conservative" Anyway?, Brian Glenn

Brian J. Glenn

No abstract provided.

Obama's Failed Attempt To Close Gitmo: Why Executive Orders Can't Bring About Systemic Change, Erin B. Corcoran

Law Faculty Scholarship

No abstract provided.

Aversive Racism And Implicit Biases In Civil Rights Workers, Anne Nm Hobbs

Department of Sociology: Dissertations, Theses, and Student Research

The aim of this study was to gain a better understanding of implicit mechanisms that perpetuate inequality. The vast majority of claims of discrimination in this country are filtered through the lens of a civil rights investigator. It is critical to our understanding of civil rights enforcement, and inequality overall, to assess the potential for implicit bias processes of non-judicial government employees to impact the outcome of discrimination cases. Social psychologists have long established that the human brain processes information in highly effective ways that may make it prone to stereotyping and error. I used a vignette methodology to assess …

Federal Earmarks In The State Of Georgia, Jeffrey Lazarus

Georgia Journal of Public Policy

Earmarks have been controversial ever since becoming a prominent part of the congressional spending process. Critics charge that earmarks fund projects with little or no economic value (for instance Ted Stevens’ “Bridge to Nowhere,”) but instead allow Congress members to direct government spending to campaign contributors (the charge leading to a federal investigation of the now-defunct lobbying firm PMA Group). On the other side of the controversy, congressional earmarks do fund a number of community improvements which are very valuable, at least locally. In Georgia, the fiscal 2010 appropriations bills included earmarks which allocated $450,000 to update College Park’s emergency …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Akron Law Faculty Publications

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

Elizabeth Cady Stanton And The Notion Of A Legal Class Of Gender, Tracy A. Thomas

Tracy A. Thomas

In the mid-nineteenth century, Elizabeth Cady Stanton used narratives of women and their involvement with the law of domestic relations to collectivize women. This recognition of a gender class was the first step towards women’s transformation of the law. Stanton’s stories of working-class women, immigrants, Mormon polygamist wives, and privileged white women revealed common realities among women in an effort to form a collective conscious. The parable-like stories were designed to inspire a collective consciousness among women, one capable of arousing them to social and political action. For to Stanton’s consternation, women showed a lack of appreciation of their own …

With Reckless Abandon: Haneef And Ul-Haque In Australia's 'War On Terror', Mark Rix

Mark Rix

This brief paper considers the political and social implications of the manner in which Australia has prosecuted the so-called ‘war on terror’. It does this by investigating relevant aspects of Australia’s anti-terrorism legislation and the performance of Australian security and law enforcement agencies, namely, the Australian Security and Intelligence Organisation (ASIO) and the Australian Federal Police (AFP). Focusing on the Haneef and Ul-Haque cases, the paper will consider how the political climate created by the former Federal Government’s legislative approach to the war on terror has influenced the performance of these organisations. By focusing on these two cases, the paper …

Legal Ethics And Campaign Contributions: The Professional Responsibility To Pay For Justice, Keith Swisher

Keith Swisher

Lawyers as johns, and judges as prostitutes? Across the United States, attorneys (“johns,” as the analogy goes) are giving campaign money to judges (“prostitutes”) and then asking those judges for legal favors in the form of rulings for themselves and their clients. Despite its pervasiveness, this practice has been rarely mentioned, much less theorized, from the attorneys’ ethical point of view. With the surge of money into judicial elections (e.g., Citizens United v. FEC), and the Supreme Court’s renewed interest in protecting justice from the corrupting effects of campaign money (e.g., Caperton v. A.T. Massey Coal Co.), these conflicting currents …

Comparing True And False Confessions Among Persons With Serious Mental Illness, Allison D. Redlich, Richard Kulish, Henry J. Steadman

Allison D Redlich

No abstract provided.

Innovation Cooperation: Energy Biosciences And Law, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

This Article analyzes the development and dissemination of environmentally sound technologies that can address climate change. Climate change poses catastrophic health and security risks on a global scale. Universities, individual innovators, private firms, civil society, governments, and the United Nations can unite in the common goal to address climate change. This Article recommends means by which legal, scientific, engineering, and a host of other public and private actors can bring environmentally sound innovation into widespread use to achieve sustainable development. In particular, universities can facilitate this collaboration by fostering global innovation and diffusion networks.

Cancun Climate Negotiations, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

The United Nations Climate Change Conference, held from November 29 to December 11, 2010, in Cancún, Mexico, relaunched the United Nation's multilateral facilitation role.

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …