Digital Commons Network^™

Can Global Legal Pluralism Be Both “Global” And “Pluralist”?, Paul Schiff Berman

Duke Journal of Comparative & International Law

No abstract provided.

Cosmopolitan Democracy: Re-Evaluation Of Globalization And World Economic System, Muhammad Dalhatu

Dissertations, Theses, and Capstone Projects

This thesis examines cosmopolitan democracy theory as a method of addressing the problems of globalization. I begin by introducing the concept of “cosmopolitan democracy.” I then proceed to discuss contemporary political climate and its relation to critiques of globalization. Finally, I conclude by examining the elaborations of cosmopolitan democracy by various theorists as a way of addressing these problems. Chapter 1 introduces the work of David Held who introduced the concept in his book, Cosmopolitan Democracy and the Global Order: Reflections on the 20^th Anniversary of Kant’s “Perpetual Peace.” Cosmopolitan democracy refers to global governance through democratic theory. Held …

Cultural Heritage Preservation In The Context Of Climate Change Adaptation Or Relocation: Barbuda As A Case Study, Martha B. Lerski

Dissertations, Theses, and Capstone Projects

This case study introduces an arts camp methodology of engaging communities in identifying their key cultural heritage features, thus serving as a meta study. It presents original research based on field studies on the climate-vulnerable Caribbean island of Barbuda during 2017 and 2018. Its Valued Cultural Elements survey, enabling precise identification of key tangible and intangible art forms and biocultural practices, may serve as a basis for further studies. Such approaches may facilitate future research or planning as climate-vulnerable communities harness Local or Indigenous Knowledge for purposes of biocultural heritage preservation, or towards adaptation or relocation. I report on findings …

Faith In Title Vii: It’S A Matter Of Belief, Anna E. Reed

Louisiana Law Review

The article examines the challenges inherent in the protection of religious beliefs pursuant to Title VII of the Civil Rights Act of 1964 in the court cases U.S. Employment Commission v. Consol Energy and McCrory v. Rapides Regional Medical Center and explains the benefits of a proper sincerity analysis to the court, employers and employees.

"Elimination Of Culture Based Discrimination Against Women In Indonesia: An Assessment Of The Implementation Of State Parties’ Obligations Under Article 5(A) Of The Women’S Convention", Widya Naseva Tuslian

Indonesia Law Review

The notion of cultural relativism has always been a fundamental challenge to upholding human rights values, especially regarding gender mainstreaming and the equality of both sexes. In this sense, there is a view that cross-cultural moral values are not acceptable given thecultural traits that produce their own modes of thinking and ideology. It is thus understandable that Article 5(a) of the Women’s Convention (i.e.,The Convention on the Elimination of all Forms of Discrimination Against Women), which is the only provision in international law that seeks to modify cultures that prejudice women, will deal with constant hurdles in countries like Indonesia …

Casualties Of War? Refining The Civilian-Military Dichotomy In World War I, Eric Grube

Madison Historical Review

Throughout the First World War, newspapers around the world mocked the British state for its lavish spending on captured German officers kept at Donington Hall, a refurbished English estate. Why was this camp such a controversial space of perceived decadence? I argue that its comforts seemed to linger from an earlier era, one in which military men exuded genteel civility as integral to their supposedly heroic service. The British state essentially enabled such treatment, and the public decried this space for sustaining the anachronism of aristocratic privilege in the face of a globalized total war. However, the German inmates expected …

When Research Is Relational: Supporting The Research Practices Of Indigenous Studies Scholars, Danielle Cooper

Copyright, Fair Use, Scholarly Communication, etc.

In 2017 Ithaka S+R launched a project to explore the changing research methods and practices of Indigenous Studies scholars across Canada and the US with the goal of identifying services to better support them in ways that are also beneficial to Indigenous communities more broadly. The project was undertaken by a cohort of research teams at 11 academic libraries with guidance from a group of advisors comprised of Indigenous scholars and librarians. Each research team in the cohort developed findings and next steps based on their local research engaging with Indigenous Studies scholars at their own institutions (listed in Appendix …

Who Is Baby Girl? A Philosophical Discussion Of The Legal Obligation To Define Authenticity, Madison Hayes

Honors College Theses

In the later twentieth century, American law attempted to address legacies of unjust treatment of Native Americans though legislation like the Indian Child Welfare Act, which requires considering Native American identity in child custody decisions. This created some complex legal questions about exactly what constituted Native identity. The Supreme Court case, Adoptive Couple v. Baby Girl, exposed a number of problems that arose from determining authentic tribal identity. To offer a more precise analysis of the problem of identity in American law, I will engage in philosophical investigations into the nature of authenticity, bringing in the work of the …

Selective Hearing: Communication Barriers In The Court System For Deaf And Hard-Of-Hearing Victims Of Rape Or Sexual Assault, Lauren Oberheim

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Gauzy Allegory And The Construction Of Gender, Melissa H. Weresh

William & Mary Journal of Race, Gender, and Social Justice

In August 2017, violence erupted in Charlottesville, Virginia when white nationalists arrived to protest the removal of a statue memorializing Confederacy General Robert E. Lee. Commenting on the controversy associated with the removal of Confederate monuments, the American Historical Association noted that the removal of a monument was intended "not to erase history, but rather to alter or call attention to a previous interpretation of history." In another effort to call attention to a silenced past, in April 20 18, The Legacy Museum: From Enslavement to Mass Incarceration opened in Montgomery, Alabama. Recognizing that "[t]he United States has done very …

The Santa Clara, 2019-04-04, Santa Clara University

The Santa Clara

No abstract provided.

The Martin Institute Prints, Spring 2019, Stonehill College Martin Institute

The Martin Institute: Prints

No abstract provided.

Show Me Criminal Procedure, Ben L. Trachtenberg, Anne M. Alexander

Open Educational Resources

Show Me Criminal Procedure is an open educational resources casebook available for free to students. This is the 2d ed. published in Spring 2019.

Santa Clara Magazine, Volume 60 Number 2, Spring 2019 [Print Issue V. 60:1], Santa Clara University

Santa Clara Magazine

28 - TECHNOLOGY, WONDER & US We’re at the epicenter of the biggest ecosystem of information exchange in history. How do we ensure tech fosters human flourishing? By Dorian Llywelyn, S.J. Illustrations by Derek Brahney.

36 - QUERY RESULTS What questions should we be asking about ethics and AI? Here are six. By Irina Raicu J.D. ’09. Illustrations by Paul Blow.

40 - A CURIOUS CASE If you want to innovate for the world, you need the room to do it. Sanjiv Das and a tale of machine learning, mortgages, and mistaken identity. By Deborah Lohse. Illustrations by Ellen Weinstein. …

Vol. 52, No. 1 Table Of Contents

Cornell International Law Journal

No abstract provided.

Empowering Women Through Land: An Analysis Of The Barriers In Accessing Land Rights Within Kisumu County, Kenya, Madison Shaffer

Independent Study Project (ISP) Collection

This project aims to gain a greater understanding of the current state of women’s land rights in Kisumu County, Kenya. It will discuss current barriers women face in accessing land and how land can impact a woman’s empowerment and in turn, her control over her health. Property rights can provide women with a secure place to live, a place of economic activity and reduce dependence on men. Property ownership can also serve to empower women and “give them greater bargaining power at the household, individual, and community level...increasing agency” (Dworkin,2009). Unfortunately, men have almost always been favored in land rights …

Voices Unheard: Women And Their Children In Nepal’S Incarceration System, Aune Nuyttens, Mikayla Rose

Independent Study Project (ISP) Collection

This research project focused on women in Nepal’s incarceration system. Our goal was to hear and share their stories with the hopes of humanize and de-stigmatize perceptions of female prisoners in and outside of Nepal. A central component to these stories, as we learned, was also the story of prisoner’s children and the NGOs who provide assistance to this vulnerable group of women and their children. The researchers travelled to the east and west of Kathmandu to visit rural and urban prisons in Nepal, and visited various children homes, however the research was based out of Kathmandu, where many of …

Antiquities Theft: The Role Of The Museum In Modern Symbolic Violence, Meredith M. Amato

Student Publications

Humans have been collecting artifacts for centuries, whether it is for their aesthetic value or for the acquisition of knowledge. However, these artifacts have, in most cases, been taken without permission from the countries of origin. Today, museums are struggling with the issue of repatriation and many refuse to return their priceless possessions. Western museums and their supporters are arguing that repatriation will put the artifacts in danger and hurt the chances for humanity to learn from them. The arguments of these museums are an attempt of symbolic violence on non-Western nations, who are seen as unfit or unable to …

Methodological Pluralism And The Methods Of Comparative Constitutional Law, Michael Da Silva

Cardozo International & Comparative Law Review

This article defends comparative constitutional law's status as a genuine academic discipline capable of producing knowledge. In so doing, it argues that common claims about the necessary conditions for being an academic discipline are false: a field does not need a unique method or set of methods to be an academic discipline. Comparative constitutional law requires multiple methods to produce the valuable knowledge that makes the product of comparative constitutional law research unique, but it remains a discipline. It is not the only example of an academic discipline that does not fulfill the claimed methodological conditions on disciplinarily. A discipline …

Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein

Journal Articles

Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …

The Nature And Value Of Sporting Tests And Contests, R. Scott Kretchmar

NYLS Law Review

No abstract provided.

Understanding Civil Rights In A Democratic South Africa: A Case Study Of Students At Ukzn, Ella Shlonsky

Independent Study Project (ISP) Collection

This study examines the extent to which the principles and values of human dignity and non-discrimination laid out in the South African Bill of Rights resonate with South African university students. The objective is to understand how university students value or do not value these constitutional principles and how they see these principles being implemented in South African society. I examine both students’ personal views and how they see human rights, human dignity and non-discrimination playing out on campus and their communities. I conducted seven one-on-one semi-structured interviews with university students at the University of Kwazulu-Natal in Durban, South Africa. …

Perspectives On Community Policing Of Durban Juveniles Living On The Streets, Dena Cheng

Independent Study Project (ISP) Collection

The aim of this project is to critically analyze the structure and performance of the South African Police Service (SAPS) at the nexus of juvenile criminal justice and homelessness. Facing issues of social discord, legitimacy, and patterns of corruption following the era of apartheid, SAPS plays a critical role in both preventing as well as eliminating crime. Therefore, this project focuses on a particularly marginalized community, under-aged street children, since the treatment of youth crime and/or criminality in Durban serves as a microcosm of a larger system of practices implemented by SAPS. Through in-depth interviews with local social workers, a …

Humanitarian Negotiations & Humanitarian Principles: The Interaction Between Humanitarian Negotiations For Access And Organizations' Ability To Adhere To Humanitarian Principles, Gabriela Gil

Independent Study Project (ISP) Collection

Aim: To examine how do humanitarian organizations apply, or fail to apply, the humanitarian principles through humanitarian negotiations in modern conflict settings.

Methods: A literature review identified relevant peer-reviewed and grey literature on international humanitarian norms and law, the landscape of modern conflict, and existing guidelines on humanitarian negotiations. Five semi-structured interviews were conducted with experts in humanitarian negotiations chosen on the basis of their relevant background. A coded analysis of these interviews was conducted to identify major themes and subthemes in responses.

Background: Multiple international mechanisms outline the humanitarian principles of humanity, impartiality, neutrality and independence and States, non-State …

Local Perceptions Of Cannabis And Cannabis Laws In Morocco: Unpacking Past Laws, Moroccans' Perceptions, And Exploring Organizational Efforts, Shadae Tingman

Independent Study Project (ISP) Collection

In Morocco, cannabis production and consumption are illegal, both medicinally and recreationally. The cultivation of the plant is among the top five in the world. This research will explore many aspects of cannabis in Morocco. There is much literature that exists surrounding the agricultural, economic, and political implications of cannabis, but this research will focus on social perceptions of cannabis and cannabis laws of local Moroccans. This research will explore past government attempts to legalize marijuana and why they did not pass. It will also explore the work of local youth organizations (that focus on cannabis) to understand what they …

The Understandings And Human Cost Of ‘Prevention Through Deterrence,’ As Seen Amongst Advocates In The United States And Mexico, Margaret Edwards

Independent Study Project (ISP) Collection

In the last two years of President Donald Trump and his administration, immigration and border regulations between the United States (US) and Mexico has become one of the most decisive and hottest political issues. This political struggle has brought into question US border practices and strategies such as physical barriers, denial of entry, detention, and, most importantly, how the US should respond to immigration. In reality, though, this question has existed since immigration along the US-Mexico border began.

In this paper, I examine a 1994 US Border Strategy, first introduced under President Bill Clinton, called ‘Prevention Through Deterrence.’ This border …

La Radio Es Más Fuerte Que La Espada : La Percepción De La Eficacia De La Radio Comunitaria De Familiares Y Amigos De Luciano Arruga En La Visibilización Del Problema De La Violencia Institucional. / The Radio Is Mightier Than The Sword: The Perception Of Efficiency Of The Community Radio Of Familiares Y Amigos De Luciano Arruga In Making Visible The Problem Of Institutional Violence., Isabel Torres

Independent Study Project (ISP) Collection

Este trabajo investiga la percepción de la eficacia de las radios comunitarias en la visibilización de su lucha contra la violencia institucional. En particular, examina las percepciones de la eficacia que los miembros de la organización Familiares y Amigos de Luciano Arruga tienen sobre la radio comunitaria de su organización, Radio Zona Libre. A través de entrevistas semi-estructuradas y la investigación archivística, indagué como los objetivos de la organización y la radio han cambiado con el tiempo, y con esos cambios surgió un cambio posterior en los tipos de visibilidad que querían lograr y sus percepciones sobre el éxito que …

Movement For A Gasfield Free Northern Rivers And Its Applicability To Other Movements, Mariah Thomson

Independent Study Project (ISP) Collection

The Gasfield Free Northern Rivers campaign evolved into a broader social movement opposing unconventional gas extraction in the Northern Rivers, New South Wales, Australia. This movement manifested the Bentley blockade in which thousands of people collaborated to resist the invasive gas industry. This movement was successful in getting all gas exploration licenses in the region bought back by the NSW government, thus achieving the goal of keeping the Northern Rivers Gasfield Free. In this study I investigate how the GFNR campaign reached the scale of the Bentley blockade, and what aspects of this campaign and the broader movement are applicable …

The Guthi System Of Nepal, Tucker Scott

Independent Study Project (ISP) Collection

The purpose of this research is to understand the role of the guthi system in Nepali society, the relationship of the guthi land tenure system with Newari guthi, and the effect of modern society and technology on the ability of the guthi system to maintain and preserve tangible and intangible cultural heritage in Nepal. This research took place in three different sections of Kathmandu. The methodology behind this research was a combination of historical analysis of the traditional role of the guthi system in Nepal along with three case studies of guthi organizations with different assigned functions. These case studies …

Book Review: Forced Confrontation: The Politics Of Dead Bodies In Germany At The End Of World War Ii, Christiane K. Alsop

Genocide Studies and Prevention: An International Journal

No abstract provided.