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¿Es Suficiente La Ley De Parto Respetado? Una Investigación Sobre El Parto Respetado Y La Intervención Médica, A Partir De Las Opiniones De Los Profesionales De La Salud Y Una Organizacion De La Sociedad Civil En La Ciudad Autónoma De Buenos Aires, Argentina / Is The Respected Birth Law Enough? An Investigation On The Respected Birth And Medical Interventions Through The Opinions Of Health Professionals And A Civil Society Organization In The Autonomous City Of Buenos Aires, Argentina, Jennifer Rufino

Independent Study Project (ISP) Collection

A través de los años, la medicalización y los avances en el campo de medicina ha garantizado un nivel de seguridad para el proceso del embarazo y el parto. Sin embargo, la intervención médica también ha producido una discusión sobre el aumento de cesáreas, el significado del parto respetado, y los derechos de la mujer. Esta investigación exploró las opiniones de los profesionales de salud y una organización de la sociedad civil sobre la ejecución del parto respetado y el aumentado de la tasa de cesáreas en la Ciudad Autónoma de Buenos Aires, Argentina. Dada la situación de aislamiento social …

Indigenous Communities Versus Oil Companies: Identifying Trends In Tactics And Success Of Indigenous-Led Anti-Petroleum Movements In The Ecuadorian Amazon, Ella V. H. Carlson

Independent Study Project (ISP) Collection

In roughly the last 50 years, the Ecuadorian Amazon has become the epicenter of petroleum production in Ecuador. As oil companies attempt to exploit more and more of the rainforest, they have encroached on indigenous lands, leading to violations of indigenous rights through environmental destruction. As their territories have been invaded, indigenous groups throughout the Amazon have formed movements large and small in resistance to petroleum activities. Scholars have studied select campaigns in the past, but the literature lacks a comparative review of the characteristics of those movements. This paper compiles histories of seven campaigns against petroleum in the Ecuadorian …

North Korean Refugees Along The Route To Freedom: Challenges Of Geopolitics, Deborah Da Sol Jeong

Independent Study Project (ISP) Collection

This Independent Study Project conducts an analysis of the North Korean Refugee Crisis by following the refugees along their escape route from the North Korean regime. By following a common escape route that includes China, Laos, Thailand, and finally, South Korea, this study unpacks the geopolitical factors and diplomatic relations that hinder and improve the progress of these refugees. Afterward, this study analyzes the resettlement process that North Korean refugees undergo in South Korea and the challenges that remain even after gaining South Korean citizenship. Finally, this project concludes by suggesting that the international community actively endeavor to establish a …

Indigent Defense In West Virginia: A Historical Look At Public Defender Services, Ralph E. Mckinney Jr., Casey W. Baker J.D.

West Virginia Law Review

No abstract provided.

The Politicizing Of Cultural Heritage, Leila Amineddoleh

North Carolina Journal of International Law

No abstract provided.

Provenience And Provenance Intersecting With International Law In The Market For Antiquities, Patty G. Gerstenblith

North Carolina Journal of International Law

No abstract provided.

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

The New Common Rule Corrects An Old Misunderstanding: Journalistic Investigation, Biographical Interviewing, Legal Research, And Creative And Historical Writing Focusing On Specific People Are Not “Research” “Involving Human Subjects” Requiring Irb Approval, Kimberlianne Podlas

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

The Drive To Advise: A Study Of Law Students At A Pro Bono Brief Advice Project, Linda F. Smith

St. Mary's Law Journal

Abstract forthcoming.

Reconceiving Legal Siblinghood, Ruth Zafran

UC Law Journal

How should the state treat siblings’ legal relationships in cases where the relationship is based solely on genetics, such as between siblings who were born of the same sperm donor, but did not grow up together? How should it treat siblings who were born to the same family but share no genetic connection at all? These are just two formulations of the type of legal dilemmas arising ever more frequently concerning the legal recognition of siblings who are born to families created by gamete donation. In exploring “legal siblinghood” in donor-conceived families, this Article offers a contribution to the literature …

Gatekeepers, Cultural Captives, Or Knaves?: Corporate Lawyers Through Different Lenses, Donald C. Langevoort

Fordham Law Review

Here, I simply want to move things forward in the study of the professional responsibility of corporate lawyers in two ways that are somewhat related. One is to push harder on consciousness by looking more closely at the lengthy continuum— not a binary yes/no—in the awareness of wrongdoing risk as heavily influenced by the “slippery slope.” That is a layman’s intuition put to use well beyond academic research: armchair philosophers have long understood that the road to hell is not only paved with good intentions but starts in small, often unconscious steps that gradually grow larger and harder to stop. …

Tax Burdens And Tribal Sovereignty: The Prohibition On Lavish And Extravagant Benefits Under The Tribal General Welfare Exclusion, Pippa Browde

Faculty Law Review Articles

This article examines a portion of a relatively new federal tax statute, the Tribal General Welfare Exclusion (TGWE), that allows qualified individuals an exclusion from gross income for payments received from American Indian/Alaska Native tribes for any "Indian general welfare benefit." Indian general welfare benefits are payments made to tribal members by the tribe pursuant to an Indian tribal government program for the promotion of general welfare, such as for health, education, or housing. The TGWE is intended, in part, to promote participation in American Indian tribal cultural and ceremonial practices. To that end, Indian general welfare benefits include payments …

Understandings Of Sexual Consent Among Male And Female Zulu South Africans In Masxha, Kwazulu-Natal, Larkin Levine

Independent Study Project (ISP) Collection

Though South Africa has an astonishingly high rate of rape and sexual violence, little research has been conducted on understandings of sexual consent outside of the context of rape and sexual violence in different South African communities. Instead, research has focused on understandings and perceptions of rape and sexual violence alone, ignoring the importance of understanding how individuals approach consent in healthy sexual relationships.

Through conducting semi-structured interviews with sixteen Zulu males and females of different ages, all of whom are residents of Masxha, I hoped to learn how these individuals understand sexual consent and how consent is requested, given, …

Essential Immigration Policy Reform: Reinventing The National Interest Waiver, Kevin Burns

Akron Law Review

Reasoned immigration policy has the power to positively influence the economy by supporting innovation, creating jobs, and advancing research and development; one such device to accomplish such economic goals is utilizing the National Interest Waiver (NIW). Under section 203(b)(2)(B) of the Immigration and Nationality Act (INA), congress provided a path to a green card for non-citizens with advanced degrees or exceptional ability without employer sponsorship if their admission is in the national interest: This is known as the "National Interest Waiver." This paper aims to discover the best ways to clarify the NIWs standards in its adjudication and to explore …

Fields Brook Superfund Site: Race, Class, And Environmental Justice In A Blasted Landscape, Richard C. Bargielski

USF Tampa Graduate Theses and Dissertations

In 1980, the United States Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). This federal law provided the U.S. Environmental Protection Agency (EPA) with the legal tools necessary to pursue polluters who had improperly stored or disposed hazardous wastes. Since its passage, more than a thousand sites have been added to the National Priorities List (NPL), but only a fraction have been cleaned up. Proponents of neoliberalism argue that aggressive environmental policies such as CERCLA harm workers by making it impossible for businesses to operate profitably. This coincides with a drop of nearly 50% in the U.S. …

The Metaphorical Bridge Between Law And Religion, John Witte Jr.

Pepperdine Law Review

This Article explores the role of metaphors in shaping our thought and language in general, and in the fields of law and religion in particular. Drawing on modern cognitive theorists like George Lakoff and Mark Johnson, the Article distinguishes and illustrates the roles of “orientation,” “structural,” and “ontological” metaphors in everyday life and language. Drawing on jurists like Robert Cover and Steven Winter, it shows how metaphors work both in describing the law in terms like “the body,” and in prescribing the foundational beliefs and values on which the legal system depends. Finally, the Article explores the ample use of …

The Communitarian Work And Vision(S) Of Robert Cochran (And Thomas Shaffer), Richard W. Garnett

Pepperdine Law Review

Professor Robert Cochran’s work and thought were powerfully shaped by those of his friend, mentor, and teacher, the late Professor Thomas Shaffer, a towering figure in the religious lawyering movement. A leading theme in Shaffer’s writing, one that has continued through and been developed in Cochran’s, is “community.” This Essay explores and unpacks this theme and highlights several ways that the idea of “community” functions in their vision of the lawyer’s role and vocation.

Abraham Lincoln And The Cardinal Virtue Of Practical Reason, Brett G. Scharffs

Pepperdine Law Review

Practical wisdom is an elusive concept. This Article focuses on a case in which Abraham Lincoln, prior to his election as President, participated (or more accurately did not participate) to frame a discussion of what practical wisdom means and how it makes a difference for lawyers.

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley

Washington and Lee Law Review

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …

Supreme Court Journalism: From Law To Spectacle?, Barry Sullivan, Cristina Carmody Tilley

Faculty Publications

Few people outside certain specialized sectors of the press and the legal profession have any particular reason to read the increasingly voluminous opinions through which the Justices of the Supreme Court explain their interpretations of the Constitution and laws. Most of what the public knows about the Supreme Court necessarily comes from the press. That fact raises questions of considerable importance to the functioning of our constitutional democracy: How, for example, does the press describe the work of the Supreme Court? And has the way in which the press describes the work of the Court changed over the past several …

Citation Databases For Legal Scholarship, John R. Beatty

Law Librarian Journal Articles

Traditional citation sources, such as Web of Science, index limited numbers of law journals. Consequently, although not designed for generating scholarship citation metrics, many law scholarship citation studies use law-specific databases like Westlaw or LexisNexis to gather citations. This article compares citation metrics derived from Web of Science and Westlaw to metrics derived from Google Scholar and HeinOnline’s citation tools. The study finds that HeinOnline and Westlaw generate higher metrics than Web of Science, and Google Scholar generates higher metrics than both. However, metrics from all four sources are highly correlated, so rankings generated from any may be very similar.

Public Opinion Of The Police In 1930s America: A Qualitative Historiographical Study, Willard M. Oliver

Qualitative Criminology (QC)

"Public opinion polls largely developed post-WWII and questions about the police did not appear until the late 1960s. Since then, over 100+ studies have assessed the modern-day public opinion of the police, but none have looked to public opinion from an earlier time period. This study uses a qualitative historiographical approach for assessing public opinion of the police in the 1930s by drawing on the primary source of a letter exchange between two of that eras greatest pulp writers: Robert E. Howard and H.P. Lovecraft. Findings suggest similarities between the 1930s and present day public opinion of the police."

Is Law A Discipline? Forays Into Academic Culture, Gene R. Shreve

Cleveland State Law Review

This Article explores academic culture. It addresses the reluctance in academic circles to accord law the full stature of a discipline. It forms doubts that have been raised into a series of four criticisms. Each attacks an academic feature of law, inviting the question: Is law different from the rest of the university in a way damaging its stature as an academic discipline? The Article concludes that, upon careful examination of each criticism, none establishes a difference between law and other disciplines capable of damaging law’s stature.

Professional Identity Formation Through Pro Bono Revealed Through Conversation Analysis, Linda F. Smith

Cleveland State Law Review

Law school is supposed to teach legal analysis and lawyering skills as well as mold law students’ professional identities. Pro bono work provides an opportunity for law students to use their legal knowledge and skills and to develop their identities as emerging legal professionals. As important as both pro bono work and identity formation are, there has been very little research regarding how pro bono contributes to students’ identity formation. This Article utilizes a data set of over forty student-client consultations at a pro bono brief advice project that have been recorded and transcribed. It uses conversation analysis to study …

Looking Beyond The Easel: Artists’ Contexts And Resale Payments, Deborah A. Demott

Duke Journal of Gender Law & Policy

No abstract provided.

On Beauty And Policing, India Thusi

Articles by Maurer Faculty

“To protect and serve” is the motto of police departments from Los Angeles to Cape Town. When police officers deviate from the twin goals of protection and service, for example by using excessive force or by maintaining hostile relations with the community, scholars recommend more training, more oversight, or more resources in policing. However, police appear to be motivated by a superseding goal in the area of sex work policing. In some places, the policing of sex workers is connected to police officers’ perceptions of beauty, producing a hierarchy of desirable bodies as enforced by those sworn to protect and …

Series Editor's Preface, James C. Hathaway

Other Publications

Could we – should we – think differently about the ways in which refugees are assisted and protected? Is it possible to turn traditional thinking on its head by seeing refugees not as the objects of protection and assistance, but instead as the architects and managers of solutions?

Medical And Mental Health Implications Of Gestational Surrogacy And Trends In State Regulations On Compensated Gestational Surrogacy: A Report Submitted To The New York State Legislature, Steven Spandorfer, Allison Petrini, Sital Kalantry

Cornell Law Faculty Publications

As the New York State legislature considers legalizing compensated gestational surrogacy this legislative session, this report provides insight into (1) the impact of surrogacy on the medical and mental health of women who become surrogates and the children born through gestational surrogacy, and (2) how other state legislatures have addressed compensated gestational surrogacy in recent years.

Medical research demonstrates that there is significant growth in gestational surrogacy in the United States. The number of families working with gestational surrogates has quadrupled in the new millennium. Weill Cornell Medicine physicians and medical students reviewed the published literature on the medical and …

Conventions And Convictions: A Valuative Theory Of Punishment, Daniel Maggen

Utah Law Review

The one thing that most scholars of criminal law agree upon is that we are in desperate need of a comprehensive theory of punishment. The theory that comes closest to meeting this demand is the expressive account of punishment, yet it is often criticized for its inability to explain how the expression of communal values justifies punishment and why the condemnation of wrongdoing necessarily requires punishment. The Article answers these criticisms by arguing against the need to necessarily connect punishment to wrongdoing and by developing expressivism into a novel theory of punishment, grounded in the valuative function punishment serves.

Offering …

Blue Lives & The Permanence Of Racism, India Thusi

Articles by Maurer Faculty

In true dystopian form, the killing of unarmed Black people by the police has sparked a national narrative about the suffering of police officers. “Blue Lives Matter” has become the rallying call for those offended by the suggestion that we should hold police officers accountable for killing unarmed Black people. According to a December 2016 poll, 61% of Americans believed that there was a “war on police,” and 68% of Whites had a favorable view of the police as compared to 40% of Blacks. Lawmakers around the country have been proposing Blue Lives Matter laws that make it a hate …