Digital Commons Network^™

Exploring The Interpretation And Application Of Procedural Rules: The Problem Of Implicit And Institutional Racial Bias, Edward A. Purcell Jr.

Articles & Chapters

No abstract provided.

The Implementation Of The Traditional Cultural Expression (Tce) Protection In Indonesia Based On Article 38 Law Number 28 Of 2014 Regarding Copyright, Prasetyo Hadi Purwandoko, Adi Sulistiyono, M. Hawin

Indonesian Journal of International Law

Indonesia as a multicultural and multi-ethnicity country has a wide Traditional Cultural Expression (TCE) which needs active protection as a cultural heritage from extinction and to provide certain economic benefits. However, a lot of elements are endangered due to the effect of globalization, lack of facilities, appreciation, and comprehension which cause erosion of values, functions, and cultural elements. This research was, therefore, conducted to discuss the implementation of TCE protection in Indonesia based on Article 38 Law Number 28 of 2014 concerning Copyright (Copyright Law 2014). It was concluded that the implementation of TCE protection is through the Draft of …

Bibliometric Analysis Of Publications Discussing The Construction Females Heroism Worldwide (1958-2021), Cut Novita Srikandi

International Review of Humanities Studies

The number of gender studies related to female heroism varies, however to the best of our knowledge, no bibliometric studies have been conducted to examine research trend related to the construction of female heroism in history. Therefore, the aims of this research to investigate the trend of publication related to the female heroism by utilizing bibliometric analysis which become parameter to evaluate and visualize the worldwide publication focus on the development of gender studies. Herein, we identified 753 research articles in English from Scopus database which were published from 1958 – 2021. According to our findings, we highlighted that the …

Freedom Of Speech At Ursinus College, Benjamin Henwood

Business and Economics Summer Fellows

Freedom of speech is a hot topic issue on many college campuses across the United States. My research project’s goal is to find out how our community at Ursinus College feels about freedom of speech. My project is going to explore how well Ursinus holds itself to its standards of free and open inquiry and how the students on campus feel about free and open inquiry. In order to understand how the community feels about free speech on our campus, we borrowed a survey from the Foundation of Individual Rights in Education and distributed it to roughly half of the …

Decoding Financial Inclusion In A Post-War Jurisdiction Sri Lanka: A Case Study, Shanthi Elizabeth Senthe

PhD Dissertations

This qualitative study examines the complex interplay between the financial regulatory landscape and financial inclusion in a post-war jurisdiction. The global debates surrounding the deployment of financial inclusion initiatives virtually center on many legal and non-legal discourses, thereby making this a significant study. This study further identified specific thematic strands which highlight how financial inclusion is regulated and administered in a post-war jurisdiction by amplifying the lived experiences of individuals that are caught between the regulatory structure of financial inclusion. In particular, this doctoral research further examines how stakeholders engaged in financial inclusion have shaped the financial regulatory landscape. By …

Everyday Aesthetics, Space, And The Sensory: Fear Of Crime And Affect In Inner Sydney, Murray Lee, Jonathan Jackson, Justin R. Ellis

Qualitative Criminology (QC)

"In this paper we explore pre-conscious aesthetic and sensorial aspects of affect in fear of crime. Drawing on data from focus groups undertaken in inner Sydney, Australia, we link the sensory and aesthetic preconditions of fear of crime to its affective, behavioural and cognitive elements. We argue that fear is grounded in the structural, personal and inter-subjective components of individual’s lives and their interaction with physical and social environments, which then influence how individuals cognitively understand their own risks and react behaviourally to these emotional responses. By bringing alive the importance of environmental cues and the cultural and structural positions …

Political Disaffection And The Struggle Against Impunity, Joannie Jean Phd

Societies Without Borders

The end of the dictatorship in Chile happened in a climate of almost euphoria for the associations of victims and their families. The return of democracy to Chilean society was met with a hope that they would go back to the agenda for social justice laid out by Salvador Allende. 27 years after, the mobilisations of memory still struggle to be heard and have their claims met. Indeed, the groups are still ever present in the fabric of the society, searching for complete truth and effective justice. This paper seeks to shed light on the historical struggle for justice, truth …

Conducting A Systematic Social Observation Of Body-Camera Footage: Methodological And Practical Insights, Vijay Chillar, Eric Piza, Victoria Sytsma

Qualitative Criminology (QC)

"Increased use of video recording technologies such as drones, smartphones, CCTV, and body-worn cameras (BWCs), provides researchers with modes for observing human behavior in their natural settings. Although not originally intended for empirical inquiry, these data sources facilitate a video data analysis (VDA) framework used in the social sciences. BWCs represent an emerging technology within this framework, and BWC footage provides valuable insight into situational dynamics at play during various social phenomena. When combined with systematic social observation (SSO), researchers are well-equipped to unpack social phenomena in a manner that overcomes many challenges of traditional qualitative methodologies. This article incorporates …

Reflections On The Value Of Socio-Legal Approaches To International Economic Law In Africa, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

In their introductory essay to the 2021 Chicago Journal of International Law Symposium, Daniel Abebe, Adam Chilton, and Tom Ginsburg offer an account of “the rise of the social science approach to international law, explain the basics of the method, and advocate for its continued adoption.”

This Essay critically assesses how and why one might use socio-legally inspired methods (analytical, empirical, and normative) for the study of international economic law (IEL) in Africa. It illustrates the empirical method’s importance in understanding one of the most challenging aspects of the study of IEL in Africa: capturing the data and dynamism of …

Social Encyclicals And The Worker: The Evolution Of Catholic Labor Schools In Pennsylvania, Paul Lubienecki, Phd

Journal of Catholic Education

Many often identified the Catholic Church with the cause of labor and worker’s rights in the United States. However that was not the common situation encountered by laborers throughout most of the nineteenth century. The proclamation of the social encyclicals: Pope Leo XIII’s Rerum Novarum (1891) and Pope Pius XI’s Quadragesimo Anno (1931) elevated the status of the worker, endorsed worker associations and placed the Catholic Church as an advocate of worker’s rights. But for the worker to clearly understand this change as well as his rights and duties education was vital. For workers in Pennsylvania, especially in Pittsburgh and …

Legal Education's Curricular Tipping Point Toward Inclusive Socratic Teaching, Jamie Abrams

Scholarly Articles in Law Reviews & Journals

Two seismic curricular disruptions create a tipping point for legal education to reform and transform. COVID-19 abruptly disrupted the delivery of legal education. It aligned with a tectonic racial justice reckoning, as more professors and institutions reconsidered their content and classroom cultures, allying with faculty of color who had long confronted these issues actively. The frenzy of these dual disruptions starkly contrasts with the steady drumbeat of critical legal scholars advocating for decades to reduce hierarchies and inequalities in legal education pedagogy.

This context presents a tipping point supporting two pedagogical reforms that leverage this unique moment. First, it is …

Brief For Professors Mary Ann Glendon And O. Carter Snead As Amici Curiae In Support Of Petitioners, Heather Gebelin Hacker, O. Carter Snead

Court Briefs

No. 19-1392
Thomas E. Dobbs v. Jackson Women's Health Organization

On Writ of Certiorari to the United States Court of Appeals for the Fifth Circuit

From the Summary of Argument

Mississippi’s 2018 Gestational Age Act, which prohibits abortions after 15 weeks gestational development (with exceptions for medical emergency or fetal abnormality) is quite modest in impact, more permissive than the vast majority of the laws on abortion around the world (including in all but three European nations), and appears to be broadly popular. But it seems to clearly violate the Supreme Court-made law of abortion, which forbids the State from …

Orientasi Kebijakan Sistem Resi Gudang Di Indonesia: Suatu Pembacaan Dari Paradigma Critical, Siti Zulaekhah, Suteki Suteki, Paramita Prananingtyas

Jurnal Hukum & Pembangunan

The formation of public policies, including the Warehouse Receipt System in Indonesia, is based on interests, whether sourced from the internalstate or originating from external or other countries environmental factors. Adaptation to external factors cannot be denied because the Indonesian Government has to follow the mechanism that is enforced internationally, mainly in the commercial and financial fields, including banking. This paper aims at analyzing the direction of the warehouse receipt system policy in Indonesia, identifying and describing the policy of the warehouse receipt system and describing it based on the reading of the critical paradigm, and exploring the potential for …

“A Mad And Melancholy Record”: The Crisis Of International Law Histories, Vasuki Nesiah

Notre Dame Journal of International & Comparative Law

No abstract provided.

A Test Of Leadership: Insight From Two Women From The Founding Crimcon Board, Joan Antunes, Breanna Boppre

Qualitative Criminology (QC)

"We write this commentary as two former members of the founding Criminology Consortium (CrimCon) board. In this essay, we share our gendered experiences with respect to the board’s role in Reinhard, Stafford, and Payne’s (2021) article, “COVID- 19 and academia: Considering the future of academic conferencing.” The paper’s third author, Payne, was on the board with us, and remains on it as we write. We will discuss issues with the study process and conclusions. We wish to share our perspectives on the board to inform future leadership and efforts towards public scholarship within criminology."

Comparing Impeachment Regimes, John Ohnesorge

Duke Journal of Comparative & International Law

Impeachment, whether of presidents, judges, or other government officials, is increasingly common in political systems around the world, most importantly in presidential systems, where it can be used to remove heads of state who otherwise serve fixed terms. Despite this existence of a common and important legal tool in many jurisdictions, comparative scholarship on impeachment is rare, especially by legal scholars. This article responds to that scarcity by offering a methodological approach upon which future comparative impeachment scholarship can draw. The approach addresses many of the legal and political issues that impeachment raises, and incorporates insights from both law and …

Ancestral Comprehensions For A Policy For The Future Of The Earth: The Narrative Of The South American Andes In The Face Of The Global Climate Crisis, Erick Pajares G., Eduardo Calvo B., Jorge Iván Palacio P., Juan José Munar M., Carlos Loret De Mola, Darío Espinoza M., Yuri Godoy P., Gustavo Mora R.

Pace Environmental Law Review

No abstract provided.

Russian Symphonia Vs. Rule Of Law?, Mikhail Antonov

BYU Law Review

No abstract provided.

The Rise And Fall Of Human Dignity, Nicholas Aroney

BYU Law Review

No abstract provided.

Christian Dignity And The Overlapping Consensus, Frederick Mark Gedicks

BYU Law Review

This Article rejects arguments by Christian leaders, scholars, and others who lament the secularization of the West and urge Christian dignity as the foundation of universal human rights. It argues instead that only a secular conception of dignity free of Christian metaphysics can create an overlapping consensus in support of human rights.

Part I describes the roots of Christian dignity in medieval theology and status. Part II briefly recounts how the Renaissance and Enlightenment re-centered the end of dignity from knowing God to knowing oneself, while the Reformation's extension of original sin to the intellect left Catholicism as the primary …

Christian Faith-Based Organizations As Third Party Interveners At The European Court Of Human Rights, Eugenia Relaño Pastor

BYU Law Review

No abstract provided.

Legal Construction Of Nationalism And National Identity In The Hashemite Kingdom Of Jordan, Zaina Siyam

Theses and Dissertations

Nationalism is an ideology that is not unique to one nation or one area, but it is a concept unique in the way it is defined. How it is defined and what it really is depends on where the definition is coming from. It is most important to post-colonial nations that relied and still rely on the creation of national identity and construction of an imagined community, in order to reach their liberation. Nations are imagined communities constructed through shared history, beliefs, traditions, and experiences that happen over different periods in time, between individuals that do not necessarily know each …

Therapeutic Jurisprudence: Foundations, Expansion, And Assessment, David C. Yamada

University of Miami Law Review

Therapeutic Jurisprudence: Foundations, Expansion, and Assessment Founded in 1987 by law professors David Wexler and the late Bruce Winick, therapeutic jurisprudence (“TJ”) is a multidisciplinary school of legal theory and practice that examines the therapeutic and anti-therapeutic properties of law, policy, and legal institutions. In legal events and transactions, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. …

Judicial Perspectives On Climate Change And The Constitution, Kameron T. Wright

San Diego Journal of Climate & Energy Law

This Comment converges at the intersection of Constitutional Law and Climate Law. It seeks to explore six various jurisprudential perspectives and juridical decision-making models in their application to the modern threat of climate change. Based in some part on Professor Christopher Stone’s seminal work Should Trees Have Standing? and Professor Roy Brooks’ book Structures of Judicial Decision Making from Legal Formalism to Critical Theory, I attempt to provide insight and new lenses by which the legal scholar may view the legal debate on climate change.

I first digest, through six judicial perspectives, a rather important climate law Supreme Court …

Why Not Loan Instead Of Loot? A Preventative Proposal Regarding The Illicit Trade Of Antiquities In A World Of Terrorism, Rachel Geagea

San Diego International Law Journal

This Comment provides a comprehensive and preventative solution to the destruction of antiquities at the hands of non-state actors. The solution is a customizable loan agreement that works in tandem with existing international legislation. It can be changed to meet the needs of unique situations and can be incorporated into the existing international agreements. However, its focus is prevention, not criminal litigation. The idea is to make this agreement available to governments, museums, and private actors who wish to participate in the protection of at-risk artifacts by removing them from the areas of conflict to safe environments ideal for conservation. …

Centering Animality In Law And Liberation: The Zoopolitics Of Reclaiming The Animal In Personhood, Paulina Siemieniec

Between the Species

Although there is widespread agreement that the property status of nonhuman animals is indefensible, the debate about how to remedy their situation is ongoing. This paper explores three possibilities for approaching the issue of legal status: (1) extending the existing concept of personhood beyond the human to other animals; (2) developing an alternative legal subjectivity for nonhuman animals that is neither property nor personhood; (3) redefining personhood in animal terms while retaining the rights-bearing significance of personhood and decentering the human from animal subjectivity in law. I offer a critique of the first two strategies and defend the third on …

On Relating Social Sciences To International Law: Three Perspectives, Yifeng Chen

Chicago Journal of International Law

This Essay offers a critical yet constructive reading of the social science approach to international law. In seeking to frame international legal studies alongside the positivistic social sciences, the social science approach has suffered from important methodological deficiencies. Though appearing to be an objective science, the social science approach requires a scholar to make subjective decisions throughout the research process. A reductionistic social science approach to international law risks consolidating existing inequalities and imperialistic institutions in the name of objective science. A healthy interaction between international law and the social sciences requires enriched conceptions of both international law and the …

China And Comparative International Law: Between Social Science And Critique, Matthew S. Erie

Chicago Journal of International Law

This Essay brings Abebe, Chilton, and Ginsburg’s Lead Essay into conversation with the literature on comparative international law to ask whether the social scientific approach to international law is “international.” In particular, this Essay takes the case of scholarship on international law in China to examine why or why not particular methodological and theoretical perspectives on international law may gain traction in certain jurisdictions’ legal academies. There are a number of linguistic, pedagogic, institutional, and, ultimately, political reasons why the Chinese scholarship that uses social science to understand international law is still nascent. At the same time, critical approaches to …

International Law And Transnational Legal Orders: Permeating Boundaries And Extending Social Science Encounters, Gregory Shaffer, Terence C. Halliday

Chicago Journal of International Law

This Essay elaborates in three ways the call for a renewal of social science approaches to international law advanced by Daniel Abebe, Adam Chilton, and Tom Ginsburg. First, while we affirm the importance of what they call the “scientific method” of hypothesis testing, we argue that it can and must be complemented by several other well-institutionalized social science approaches to international law. Second, we loosen the conventional “internal”/“external” distinction in legal scholarship and make the case that conceptualization and empirics are integral to both approaches. Third, we propose that the full promise of social science approaches to international law can …

Talking Back In Court, M. Eve Hanan

Washington Law Review

People charged with crimes often speak directly to the judge presiding over their case. Yet, what can be seen in courtrooms across the U.S. is that defendants rarely “talk back” in court, meaning that they rarely challenge authority’s view of the law, the crime, the defendant, the court’s procedure, or the fairness of the proposed sentence.

With few exceptions, legal scholars have treated the occasions when defendants speak directly to the court as a problem to be solved by appointing more lawyers and better lawyers. While effective representation is crucial, this Article starts from the premise that defendants have important …